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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action.
Doodsmack
Profile Blog Joined August 2010
United States7224 Posts
March 18 2018 23:00 GMT
#201701
A good example of Trump's contempt for the Constitution, especially the First Amendment.

Gorsameth
Profile Joined April 2010
Netherlands22359 Posts
March 18 2018 23:05 GMT
#201702
On March 19 2018 08:00 Doodsmack wrote:
A good example of Trump's contempt for the Constitution, especially the First Amendment.

https://twitter.com/ktumulty/status/975463086793609218

How is this contempt for the constitution?
NDA's are not illegal. Like with any other business people are free to not sign them (and resign/get fired when you do obv).

You don't have the right to work in the WH that would be infringed upon.
It ignores such insignificant forces as time, entropy, and death
Plansix
Profile Blog Joined April 2011
United States60190 Posts
March 18 2018 23:09 GMT
#201703
And contempt for the Constitution does not mean breaking the law.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
Last Edited: 2018-03-18 23:12:49
March 18 2018 23:10 GMT
#201704
On March 19 2018 08:05 Gorsameth wrote:
Show nested quote +
On March 19 2018 08:00 Doodsmack wrote:
A good example of Trump's contempt for the Constitution, especially the First Amendment.

https://twitter.com/ktumulty/status/975463086793609218

How is this contempt for the constitution?
NDA's are not illegal. Like with any other business people are free to not sign them (and resign/get fired when you do obv).

You don't have the right to work in the WH that would be infringed upon.


The government is not a business and should not be run like one. Transparency, with the exception of national security, should be required. When you hand out NDA to your employees, something has gone way off the rails.

Also, the argument of "Well they don't have to work there" is absolutely stupid. Someone has to work there, and that someone has to sign the NDA. So people quitting because they "Don't have the right to work there" gives us exactly nothing.

edit: And really, can you honestly hand on heart say that someone has the "good of the public" in mind when he refuses to share exactly what he's doing, and forcing his employees to keep their mouths shut? Again, remember, this isn't a bloody company. This is the white frikkin house. The president is supposed to serve the public, not the other way around. Just another proof that what Trump really wants is a dictatorship
Gorsameth
Profile Joined April 2010
Netherlands22359 Posts
March 18 2018 23:16 GMT
#201705
On March 19 2018 08:10 Excludos wrote:
Show nested quote +
On March 19 2018 08:05 Gorsameth wrote:
On March 19 2018 08:00 Doodsmack wrote:
A good example of Trump's contempt for the Constitution, especially the First Amendment.

https://twitter.com/ktumulty/status/975463086793609218

How is this contempt for the constitution?
NDA's are not illegal. Like with any other business people are free to not sign them (and resign/get fired when you do obv).

You don't have the right to work in the WH that would be infringed upon.


The government is not a business and should not be run like one. Transparency, with the exception of national security, should be required. When you hand out NDA to your employees, something has gone way off the rails.

Also, the argument of "Well they don't have to work there" is absolutely stupid. Someone has to work there, and that someone has to sign the NDA. So people quitting because they "Don't have the right to work there" gives us exactly nothing.

Right, because no previous administration was transparent because the WH didn't leak like a sieve during their term.
No, that's not where transparency in government should come from.

And yes something has gone completely off the rails to cause this. Factions in the WH are at war with eachother.

I'm not saying this is 'good' or that it should be normal. No, its a sign of the complete dysfunction of the government at the top level.

But that doesn't mean its 'contempt for the constitution'.
It ignores such insignificant forces as time, entropy, and death
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
March 18 2018 23:28 GMT
#201706
On March 19 2018 08:16 Gorsameth wrote:
Show nested quote +
On March 19 2018 08:10 Excludos wrote:
On March 19 2018 08:05 Gorsameth wrote:
On March 19 2018 08:00 Doodsmack wrote:
A good example of Trump's contempt for the Constitution, especially the First Amendment.

https://twitter.com/ktumulty/status/975463086793609218

How is this contempt for the constitution?
NDA's are not illegal. Like with any other business people are free to not sign them (and resign/get fired when you do obv).

You don't have the right to work in the WH that would be infringed upon.


The government is not a business and should not be run like one. Transparency, with the exception of national security, should be required. When you hand out NDA to your employees, something has gone way off the rails.

Also, the argument of "Well they don't have to work there" is absolutely stupid. Someone has to work there, and that someone has to sign the NDA. So people quitting because they "Don't have the right to work there" gives us exactly nothing.

Right, because no previous administration was transparent because the WH didn't leak like a sieve during their term.
No, that's not where transparency in government should come from.

And yes something has gone completely off the rails to cause this. Factions in the WH are at war with eachother.

I'm not saying this is 'good' or that it should be normal. No, its a sign of the complete dysfunction of the government at the top level.

But that doesn't mean its 'contempt for the constitution'.


I wouldn't call it that either, but I'd definitively call it contempt for the public you're supposed to serve.
Doodsmack
Profile Blog Joined August 2010
United States7224 Posts
March 18 2018 23:34 GMT
#201707
WH personnel serve the public and the First Amendment protects their ability to speak about their work. That speech is a matter of public concern which is the reason it's protected. The NDAs are in all likelihood unenforceable though so in that sense it doesn't matter.
micronesia
Profile Blog Joined July 2006
United States24772 Posts
March 18 2018 23:40 GMT
#201708
If White House personnel are told they are not permitted to leak X and then they leak X, that's a fireable offense. If the leak also runs afoul of any laws, then they are criminally liable. To try to add on an NDA with additional financial penalties, especially severe ones like what I read above, is ludicrous. Government employees should not be expected to sign that type of NDA (they DO sign a type of NDA to handle classified information though).
ModeratorThere are animal crackers for people and there are people crackers for animals.
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
Last Edited: 2018-03-18 23:42:51
March 18 2018 23:41 GMT
#201709
On March 19 2018 08:34 Doodsmack wrote:
WH personnel serve the public and the First Amendment protects their ability to speak about their work. That speech is a matter of public concern which is the reason it's protected. The NDAs are in all likelihood unenforceable though so in that sense it doesn't matter.


Remember there's a difference between civil law and criminal law. First amendment only protects you against the latter. I don't know if this is enforceable either, but in a normal business (Which the WH most certainly is not), you can indeed make people sign an NDA and sue them if they don't follow it. The first amendment protects you for speaking about your work, but you're still breaching a contract (Criminal law is above civil law tho, so it's all a bit complicated on when you're allowed to break an NDA and not. But unless your name is Snowden, whistle-blowing is legal)
micronesia
Profile Blog Joined July 2006
United States24772 Posts
March 18 2018 23:45 GMT
#201710
On March 19 2018 08:41 Excludos wrote:
But unless your name is Snowden, whistle-blowing is legal)

You kind of undermine your post with this statement. Whistle-blowing being legal does not mean you can release a whole bunch of classified information, some of which you haven't reviewed yourself, in the name of the public good, legally.
ModeratorThere are animal crackers for people and there are people crackers for animals.
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
Last Edited: 2018-03-18 23:49:45
March 18 2018 23:48 GMT
#201711
On March 19 2018 08:45 micronesia wrote:
Show nested quote +
On March 19 2018 08:41 Excludos wrote:
But unless your name is Snowden, whistle-blowing is legal)

You kind of undermine your post with this statement. Whistle-blowing being legal does not mean you can release a whole bunch of classified information, some of which you haven't reviewed yourself, in the name of the public good, legally.


Everything Snowden did was legal under most whistle blowing laws across the world. He released classified information of a government program breaking human rights He also, contrary to what you said, didn't release it to the public. He released it to journalists to go through and vet for him. A lot of what he brought with him never saw the light of day because it wasn't of importance to the story. He did it the correct way, while Wikileaks did it the wrong way. His mistake was whistle blowing against the American government instead of a private company. And since the government make the rules, they just decided that he wasn't following them.
micronesia
Profile Blog Joined July 2006
United States24772 Posts
March 18 2018 23:55 GMT
#201712
On March 19 2018 08:48 Excludos wrote:
Show nested quote +
On March 19 2018 08:45 micronesia wrote:
On March 19 2018 08:41 Excludos wrote:
But unless your name is Snowden, whistle-blowing is legal)

You kind of undermine your post with this statement. Whistle-blowing being legal does not mean you can release a whole bunch of classified information, some of which you haven't reviewed yourself, in the name of the public good, legally.


Everything Snowden did was legal under most whistle blowing laws across the world. He released classified information of a government program breaking human rights He also, contrary to what you said, didn't release it to the public. He released it to journalists to go through and vet for him. A lot of what he brought with him never saw the light of day because it wasn't of importance to the story. He did it the correct way, while Wikileaks did it the wrong way. His mistake was whistle blowing against the American government instead of a private company. And since the government make the rules, they just decided that he wasn't following them.

Journalists are the public. Whistleblowing does not mean you can release classified information that doesn't need to see the light of day to journalists for them to sift through. For example, when the Pentagon Papers were released, the leaker actually carefully selected what information would and would not get released. He didn't hand a huge bag of information over to a journalist and ask for it get sifted through. HE did it the correct way. I'm not trying to make a case that if Snowden had taken similar actions to Ellsberg the government would have been totally accepting, but I'm cautioning you that you aren't thinking correctly about this.
ModeratorThere are animal crackers for people and there are people crackers for animals.
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
Last Edited: 2018-03-19 00:15:17
March 19 2018 00:10 GMT
#201713
On March 19 2018 08:55 micronesia wrote:
Show nested quote +
On March 19 2018 08:48 Excludos wrote:
On March 19 2018 08:45 micronesia wrote:
On March 19 2018 08:41 Excludos wrote:
But unless your name is Snowden, whistle-blowing is legal)

You kind of undermine your post with this statement. Whistle-blowing being legal does not mean you can release a whole bunch of classified information, some of which you haven't reviewed yourself, in the name of the public good, legally.


Everything Snowden did was legal under most whistle blowing laws across the world. He released classified information of a government program breaking human rights He also, contrary to what you said, didn't release it to the public. He released it to journalists to go through and vet for him. A lot of what he brought with him never saw the light of day because it wasn't of importance to the story. He did it the correct way, while Wikileaks did it the wrong way. His mistake was whistle blowing against the American government instead of a private company. And since the government make the rules, they just decided that he wasn't following them.

Journalists are the public. Whistleblowing does not mean you can release classified information that doesn't need to see the light of day to journalists for them to sift through. For example, when the Pentagon Papers were released, the leaker actually carefully selected what information would and would not get released. He didn't hand a huge bag of information over to a journalist and ask for it get sifted through. HE did it the correct way. I'm not trying to make a case that if Snowden had taken similar actions to Ellsberg the government would have been totally accepting, but I'm cautioning you that you aren't thinking correctly about this.


Do remember the position he was in tho. He had a large amount of information with him which takes a long time to sift through, he had just escaped the country, and was paranoid about the NSA or CIA sending agents after him to kill him (which, considering what he sat on and what he had done, was definitely a possibility had they known where he was hiding at the time). So instead of doing the impossible and sit on the information by himself, he gave it to journalists he trusted to help him pick what to release, and they did. I don't really see how else you would have expected him to handle this.

He literally upended his life to tell you how your own government breached human rights in a way which directly affects you and everyone else in the country, with nothing to gain except a life on the run. He should be treated a hero, not a villain, and I hope one day you get a President ethical enough to see that and either grant him a pardon or a fair trial (which he has stated he will return for)
micronesia
Profile Blog Joined July 2006
United States24772 Posts
March 19 2018 00:13 GMT
#201714
On March 19 2018 09:10 Excludos wrote:
Show nested quote +
On March 19 2018 08:55 micronesia wrote:
On March 19 2018 08:48 Excludos wrote:
On March 19 2018 08:45 micronesia wrote:
On March 19 2018 08:41 Excludos wrote:
But unless your name is Snowden, whistle-blowing is legal)

You kind of undermine your post with this statement. Whistle-blowing being legal does not mean you can release a whole bunch of classified information, some of which you haven't reviewed yourself, in the name of the public good, legally.


Everything Snowden did was legal under most whistle blowing laws across the world. He released classified information of a government program breaking human rights He also, contrary to what you said, didn't release it to the public. He released it to journalists to go through and vet for him. A lot of what he brought with him never saw the light of day because it wasn't of importance to the story. He did it the correct way, while Wikileaks did it the wrong way. His mistake was whistle blowing against the American government instead of a private company. And since the government make the rules, they just decided that he wasn't following them.

Journalists are the public. Whistleblowing does not mean you can release classified information that doesn't need to see the light of day to journalists for them to sift through. For example, when the Pentagon Papers were released, the leaker actually carefully selected what information would and would not get released. He didn't hand a huge bag of information over to a journalist and ask for it get sifted through. HE did it the correct way. I'm not trying to make a case that if Snowden had taken similar actions to Ellsberg the government would have been totally accepting, but I'm cautioning you that you aren't thinking correctly about this.


Do remember the position he was in tho. He had a large amount of information with him which takes a long time to sift through, he had just escaped the country, and was paranoid about the NSA or CIA sending agents after him to kill him (which, considering what he sat on and what he had done, was definitely a possibility had they known where he was hiding at the time). So instead of doing the impossible and sit on the information by himself, he gave it to journalists he trusted to help him pick what to release, and they did. I don't really see how else you would have expected him to handle this.

The original question wasn't about what he should have done, given his circumstances. The question was really about the legality of what he did. The sensitivity of the information he had and his geographic location didn't suddenly change the rules about what actions are legal, in his favor. Out of curiosity, are you relying entirely on the movie Snowden as your information source or are you going off of other sources?
ModeratorThere are animal crackers for people and there are people crackers for animals.
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
Last Edited: 2018-03-19 00:21:48
March 19 2018 00:20 GMT
#201715
On March 19 2018 09:13 micronesia wrote:
Show nested quote +
On March 19 2018 09:10 Excludos wrote:
On March 19 2018 08:55 micronesia wrote:
On March 19 2018 08:48 Excludos wrote:
On March 19 2018 08:45 micronesia wrote:
On March 19 2018 08:41 Excludos wrote:
But unless your name is Snowden, whistle-blowing is legal)

You kind of undermine your post with this statement. Whistle-blowing being legal does not mean you can release a whole bunch of classified information, some of which you haven't reviewed yourself, in the name of the public good, legally.


Everything Snowden did was legal under most whistle blowing laws across the world. He released classified information of a government program breaking human rights He also, contrary to what you said, didn't release it to the public. He released it to journalists to go through and vet for him. A lot of what he brought with him never saw the light of day because it wasn't of importance to the story. He did it the correct way, while Wikileaks did it the wrong way. His mistake was whistle blowing against the American government instead of a private company. And since the government make the rules, they just decided that he wasn't following them.

Journalists are the public. Whistleblowing does not mean you can release classified information that doesn't need to see the light of day to journalists for them to sift through. For example, when the Pentagon Papers were released, the leaker actually carefully selected what information would and would not get released. He didn't hand a huge bag of information over to a journalist and ask for it get sifted through. HE did it the correct way. I'm not trying to make a case that if Snowden had taken similar actions to Ellsberg the government would have been totally accepting, but I'm cautioning you that you aren't thinking correctly about this.


Do remember the position he was in tho. He had a large amount of information with him which takes a long time to sift through, he had just escaped the country, and was paranoid about the NSA or CIA sending agents after him to kill him (which, considering what he sat on and what he had done, was definitely a possibility had they known where he was hiding at the time). So instead of doing the impossible and sit on the information by himself, he gave it to journalists he trusted to help him pick what to release, and they did. I don't really see how else you would have expected him to handle this.

The original question wasn't about what he should have done, given his circumstances. The question was really about the legality of what he did. The sensitivity of the information he had and his geographic location didn't suddenly change the rules about what actions are legal, in his favor. Out of curiosity, are you relying entirely on the movie Snowden as your information source or are you going off of other sources?


I have followed his story closely from the start. There was nothing (except for the added bits for drama/entertainment) in that movie I wasn't already aware of. In my eyes he's the definition of a hero and should be treated as such. I'm actually a bit ashamed of how my own government has treated him; they're too busy brown-nosing America to even let him in to receive a reward
Doodsmack
Profile Blog Joined August 2010
United States7224 Posts
March 19 2018 00:31 GMT
#201716
On March 19 2018 08:41 Excludos wrote:
Show nested quote +
On March 19 2018 08:34 Doodsmack wrote:
WH personnel serve the public and the First Amendment protects their ability to speak about their work. That speech is a matter of public concern which is the reason it's protected. The NDAs are in all likelihood unenforceable though so in that sense it doesn't matter.


Remember there's a difference between civil law and criminal law. First amendment only protects you against the latter. I don't know if this is enforceable either, but in a normal business (Which the WH most certainly is not), you can indeed make people sign an NDA and sue them if they don't follow it. The first amendment protects you for speaking about your work, but you're still breaching a contract (Criminal law is above civil law tho, so it's all a bit complicated on when you're allowed to break an NDA and not. But unless your name is Snowden, whistle-blowing is legal)


The first amendment applies to civil law as well.
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
March 19 2018 00:32 GMT
#201717
Btw I should point out, since we're discussing legality, that human right rules are above your own country's rules. Laws aren't equal, and it's ok to break one to stop another under certain circumstances. That said laws are only laws because the government made them and enforces them, and they can decide whatever they damn well want to. And atm they've decided that he embarrassed them enough that they're not even willing to give him a fair trial.
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
Last Edited: 2018-03-19 00:36:35
March 19 2018 00:34 GMT
#201718
On March 19 2018 09:31 Doodsmack wrote:
Show nested quote +
On March 19 2018 08:41 Excludos wrote:
On March 19 2018 08:34 Doodsmack wrote:
WH personnel serve the public and the First Amendment protects their ability to speak about their work. That speech is a matter of public concern which is the reason it's protected. The NDAs are in all likelihood unenforceable though so in that sense it doesn't matter.


Remember there's a difference between civil law and criminal law. First amendment only protects you against the latter. I don't know if this is enforceable either, but in a normal business (Which the WH most certainly is not), you can indeed make people sign an NDA and sue them if they don't follow it. The first amendment protects you for speaking about your work, but you're still breaching a contract (Criminal law is above civil law tho, so it's all a bit complicated on when you're allowed to break an NDA and not. But unless your name is Snowden, whistle-blowing is legal)


The first amendment applies to civil law as well.


If you sign an NDA for a company before releasing secret tech, no amount of screaming "first amendment" is going to stop them from successfully suing you. Criminal laws are of course priorities tho, so you're allowed to tell people about it if your company is doing illegal or unsafe activity. But not for "the lulz"
zlefin
Profile Blog Joined October 2012
United States7689 Posts
March 19 2018 00:36 GMT
#201719
On March 19 2018 09:32 Excludos wrote:
Btw I should point out, since we're discussing legality, that human right rules are above your own country's rules. Laws aren't equal, and it's ok to break one to stop another under certain circumstances. That said laws are only laws because the government made them and enforces them, and they can decide whatever they damn well want to. And atm they've decided that he embarrassed them enough that they're not even willing to give him a fair trial.

on what basis are you claiming they're not willing to give him a fair trial?
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
Excludos
Profile Blog Joined April 2010
Norway8257 Posts
Last Edited: 2018-03-19 00:40:31
March 19 2018 00:37 GMT
#201720
On March 19 2018 09:36 zlefin wrote:
Show nested quote +
On March 19 2018 09:32 Excludos wrote:
Btw I should point out, since we're discussing legality, that human right rules are above your own country's rules. Laws aren't equal, and it's ok to break one to stop another under certain circumstances. That said laws are only laws because the government made them and enforces them, and they can decide whatever they damn well want to. And atm they've decided that he embarrassed them enough that they're not even willing to give him a fair trial.

on what basis are you claiming they're not willing to give him a fair trial?


His own interviews where he claims that he is willing to return if given assurance that they will give him a fair trial (which they apparently refuse to do). And no wonder. If he's given a fair trial he is going to be able to share openly about national secrets and explain his case in a court room. They'd much rather just hook him for espionage and hide him away in a dark cellar.
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