Communications law meeting offers "behind the scenes" history on 35th anniversary of Pentagon Papers case

Daniel Ellsberg, who was responsible for leaking the Pentagon Papers 35 years ago, told the audience at a recent meeting of the ABA Forum on Communications Law that people should act the whistleblower and be willing to go to jail in order to save lives."The Pentagon Papers" session offered a behind-the-scenes history of what happened in the Nixon-era case and a discussion of prior restraint, confidential sources and the law today. Ellsberg likened the disclosure of the Pentagon Papers 35 years ago to the current debate over domestic surveillance.

Daniel Ellsberg (R) talks with former New York Times General Counsel James C. Goodale

The second plenary session of the January 12-14 meeting featured a discussion of attempts by sports organizations, entertainers and others to condition access to, and otherwise control, coverage and exploitation of their images and content in the media. There was also a mock Senate hearing on a proposed federal reporters' shield law.

The conference featured such notable guests as reporter Judith Miller, who was held in contempt of court and spent some 85 days in jail for refusing to reveal her confidential source in the Valerie Plame leak investigation; former U.S. Sen. Slade Gorton; former U.S. Solicitor General Theodore Olson; and New York Times editor Max Frankel.  Workshop topics included a discussion of hot issues in libel and privacy, the Internet, legislative advocacy and diversity.

Upcoming issues of Communications Lawyer, available online, will feature articles from the conference.

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© 2006 American Bar Association