Sarah Palin’s WikiLeaks Fail

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People who do not need more evidence of Sarah Palin’s lack of seriousness should not read further.

As the WikiLeaks controversy continues, Palin could not resist the urge to tweet her thoughts about the affair. On Monday morning, she sent this message to her 317,000 Twitter followers:

Inexplicable: I recently won in court to stop my book “America by Heart” from being leaked,but US Govt can’t stop Wikileaks’ treasonous act?

Inexplicable? Does she not understand the difference between apples and nuclear reactors? The two instances she links have little in common. In the case of her book, she managed to get a judge to order Gawker to take down a post showing portions of her book after the website had put them up. And the judge in this case was following precedent established when The Nation magazine was successfully sued by Harper & Row in the 1970s after publishing excerpts of former President Gerald Ford’s memoirs before the book was released. The Supreme Court, deciding the case in favor of the publisher, said media outlets could not, under a claim of fair use, publish a significant portion of a copyrighted book (accepting the argument that this could weaken the commercial value of the book). Palin’s lawyers took advantage of this ruling, in demanding that Gawker not show the actual pages of her book.

Stopping a media leak involving government information before the fact is not the same. The grand-daddy legal decision on this front comes out of the famous Pentagon Papers case, when the Supreme Court ruled that the government could not block newspapers from publishing the secret Pentagon history of the Vietnam war leaked by Daniel Ellsberg to The New York Times and other papers. The guiding principle here: the government does not have the right to impose prior restraint on the media.

This latest WikiLeaks episode could cause some, including Palin, to argue that in these post-9/11 days the prior restraint rule is a luxury that cannot be afforded. But that’s where the law stands. With her tweet tying this important and historical issue to her own (less consequential) book, Palin demonstrates that for her simplistic analysis is the best analysis and that the best way to understand anything is to view that topic from Planet Sarah.

HERE ARE THE FACTS:

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ONE MORE QUICK THING:

Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

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