From The Guardian UK: http://www.guardian.co.uk/commentisfree/2013/jul/26/manning-snowden-us-better-self
Since the 9/11 trauma, America has allowed the national security state to ride roughshod over vital liberties. This is a turning-point
Yochai Benkler
guardian.co.uk, Friday 26 July 2013
The closing arguments in the trial of Bradley Manning, where prosecutors are trying to persuade the judge that leaking to the press constitutes the treasonous act of aiding the enemy, came fast on the heels of the most significant bipartisan response to leak-based national security journalism that we have seen since the 1970s: Wednesday’s vote on the Amash amendment in the House. At no time since the Obama administration launched its war on national security journalism and its sources has the critical role of leaks and journalism been clearer. Without Edward Snowden‘s whistleblowing and Glenn Greenwald‘s reporting, NSA surveillance would still have been in the dark, protected by secrecy and bolstered by the “least untruthful” lies James Clapper delivered to Senator Ron Wyden.
Wednesday’s vote in the House may well yet turn out to be a turning-point on much more than just NSA surveillance – because dragnet surveillance of phone metadata is only one manifestation of our post-9/11 constitutional PTSD.
On Wednesday, Republicans such as Mike Rogers and Michele Bachmann joined House Democratic minority leader Nancy Pelosi and Republican Speaker John Boehner in voting with President Obama that we should be governed by our fears, rather than our values. But Jim Sensenbrenner, who introduced the original Patriot Act in 2001, joined 93 other Republicans and a majority of House Democrats, including Democratic leaders Clyburn and Becerra, to support Representative Amash’s proposed amendment to block NSA dragnet surveillance. And although this coalition lost the vote, its breadth and depth may mark the beginning of America’s awakening from a long panic- and anger-induced constitutional hiatus.
We suffered a terrible blow on 11 September 2001. We responded with fear and anger. A fight-or-flight response is adaptive in any species. For us, given our power, fight was the only response we could imagine. But however understandable and justified the initial response, anger and panic can neither continue to define who we are, nor lead us to continue to sacrifice a broad set of constitutional rights.
Every year, we lose three times as many people to firearms-related homicides than we lost to terrorism on 11 September and in the dozen years since. But whether it be based on the second, fourth, fifth, sixth or eighth amendments, we have always seen resistance to compromising the bill of rights in our efforts to prevent or deter these homicides.
Continue reading at: http://www.guardian.co.uk/commentisfree/2013/jul/26/manning-snowden-us-better-self
