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Monthly Archives: February 2017
Freedom of Speech: General – Bill of Rights Institute
Posted: February 7, 2017 at 10:04 pm
Schenck v. United States (1919)
Freedom of speech can be limited during wartime. The government can restrict expressions that would create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. Read More.
Abrams v. United States (1919)
The First Amendment did not protect printing leaflets urging to resist the war effort, calling for a general strike, and advocating violent revolution. Read More.
Debs v. United States (1919)
The First Amendment did not protect an anti-war speech designed to obstruct recruiting. Read More.
Gitlow v. New York (1925)
The Supreme Court applied protection of free speech to the states through the due process clause of the Fourteenth Amendment. Read More.
Chaplinsky v. New Hampshire (1942)
The First Amendment did not protect fighting words which, by being said, cause injury or cause an immediate breach of the peace. Read More.
West Virginia v. Barnette (1943)
The West Virginia Boards policy requiring students and teachers to recite the Pledge of Allegiance was unconstitutional. Reversing Minersville v. Gobitas (1940), the Court held government cannot force citizens to confess by word or act their faith in matters of opinion. Read More.
United States v. OBrien (1968)
The First Amendment did not protect burning draft cards in protest of the Vietnam War as a form of symbolic speech. Read More.
Tinker v. Des Moines (1969)
The Court ruled that students wearing black armbands to protest the Vietnam War was pure speech, or symbolic speech protected by the First Amendment. Read More.
Brandenburg v. Ohio (1969)
The Supreme Court held that the First and Fourteenth Amendments protected speech advocating violence at a Ku Klux Klan rally because the speech did not call for imminent lawless action. Read More.
Cohen v. California (1971)
A California statute prohibiting the display of offensive messages violated freedom of expression. Read More.
Miller v. California (1973)
This case set forth rules for obscenity prosecutions, but it also gave states and localities flexibility in determining what is obscene. Read More.
Island Trees School District v. Pico (1982)
The Supreme Court ruled that officials could not remove books from school libraries because they disagreed with the content of the books messages. Read More.
Bethel School District v. Fraser (1986)
A school could suspend a pupil for giving a student government nomination speech full of elaborate, graphic, and explicit sexual metaphor. Read More.
Texas v. Johnson (1989)
Flag burning as political protest is a form of symbolic speech protected by the First Amendment. Read More.
R.A.V. v. St. Paul (1992)
A criminal ordinance prohibiting the display of symbols that arouse anger, alarm or resentment in others on the basis of race, color, creed, religion or gender was unconstitutional. The law violated the First Amendment because it punished speech based on the ideas expressed. Read More.
Reno v. ACLU (1997)
The 1996 Communications Decency Act was ruled unconstitutional since it was overly broad and vague in its regulation of speech on the Internet, and since it attempted to regulate indecent speech, which the First Amendment protects. Read More.
Watchtower Bible and Tract Society v. Stratton (2002)
City laws requiring permits for political advocates going door to door were unconstitutional because such a mandate would have a chilling effect on political communication. Read More.
United States v. American Library Association (2003)
The federal government could require public libraries to use Internet-filtering software to prevent viewing of pornography by minors. The burden placed on adult patrons who had to request the filters be disabled was minimal. Read More.
Virginia v. Hicks (2003)
Richmond could ban non-residents from public housing complexes if the non-residents did not have a legitimate business or social purpose for being there. The trespass policy was not overbroad and did not infringe upon First Amendment rights. Read More.
Virginia v. Black (2003)
A blanket ban on cross-burning was an unconstitutional content-based restriction on free speech. States could ban cross burning with intent to intimidate, but the cross burning act alone was not enough evidence to infer intent. Read More.
Ashcroft v. ACLU (2004)
The Child On-Line Protection Act violated the First Amendment because it was overbroad, it resulted in content-based restrictions on speech, and there were less-restrictive options available to protect children from harmful materials. Read More.
Morse v. Frederick (2007)
The First Amendment did not protect a public school students right to display a banner reading Bong Hits 4 Jesus. While students have the right to engage in political speech, the right was outweighed by the schools mission to discourage drug use. Read More.
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What Might Mario Savio Have Said About the Milo Protest at Berkeley? – The Nation.
Posted: at 10:04 pm
The 1960s Berkeley Free Speech Movement leader warned that freedom exercised irresponsibly or freedom repressed could bring disgrace upon our university.
Mario Savio, leader of the Berkeley Free Speech Movement, speaks to assembled students on the campus at the University of California in Berkeley, California on December 7, 1964. (AP Photo / Robert W. Klein)
Since publishing my biography of Berkeley Free Speech Movement leader Mario Savio almost a decade ago, I have often been asked what Savio would say about a host of contemporary issues. Since Savio died in 1996 and there was only one Mario Savio, it usually seemed to me inappropriate to speculate on how he might have viewed events that he unfortunately did not live to see. However, the free-speech controversy that raged this past month over the Berkeley College Republicansponsored speaking event of the hateful far-right provocateur Milo Yiannopoulos, and the violent disruption of his talk last week, raised questions addressed so often and eloquently by Savio that one can see how he would likely have viewed them just by reflecting on his relevant writings and speeches on freedom of speech, minority rights, responsibility, and community.
The first point is so obvious it barely needs saying: Mario Savio supported the right of speakers from all political perspectives to speak on campus. He helped lead the Free Speech Movement in 1964 to secure that right and endured suspension from school and months in jail for the acts of civil disobedience (the mass sit-ins) he led at Cal to win those rights. Rather than ban speakers he disagreed with, Savio debated them, whether they were deans, faculty, the student-body president, or whoever. And this was the spirit not only of Savio but of the FSM, which had an almost Gandhian faith that through open discourse anyone had the potential to be won over to the movements free-speech cause, whose justness seemed to them self-evident.
Savio supported freedom of speech not merely on instrumental grounds but as an end in itself, since speech acts were in his eyes the essence of what it meant to be human, and were the key to enlightenment and freedom. Having suffered with a very serious speech defect that blocked his ability to speak fluidly in his childhood and teens, Savio developed a very personal, even spiritual reverence for freedom of speech, and a disdain for attempts to constrict that freedom. Indeed, though an ex-Catholic, Savio used religious imagery to express that reverence. Citing his favorite quote by Diogenes that the most beautiful thing in the world is the freedom of speech, Savio explained that those words areburned into my soul, because for me free speech was not a tactic, not something to win for political [advantage]. To me freedom of speech is something that represents the very dignity of what a human being is. Thats what marks us off from the stones and the stars. You can speak freely. It is almost impossible for me to describe. It is the thing that marks us as just below the angels. I dont want to push this beyond where it should be pushed, but I feel it.
So Savio would almost certainly have disagreed with the faculty and students who urged the administration to ban Milo Yiannopoulos from speaking on campus, and been heartened by the chancellors refusal to ban a speaker. But that does not mean Savio would have been dismissive of the concerns the faculty raised in their letter seeking to ban Yiannopoulos on account of Yiannopouloss history of crude and cruel baiting of students of color, women, and transgender students in his campus speeches. Savio was a veteran of the civil-rights movement whose battle against racism had led to his arrest in a nonviolent sit-in for fair hiring in San Franciscos Sheraton Palace Hotel, and then to risk his life in the historic Mississippi Freedom Summer crusade for black voting rights. So it is not surprising that later in Savios life when he was on the faculty of Sonoma State University he sought to convince the editors of the student newspaper there that their use of the term nigger in the paper was hurtful and irresponsible, which is why it had sparked angry protests by African-American students. Savio did not deny students had the right to print what they chose, but asked that they reach out to their black classmates and reflect on whether in the future they could be more thoughtful about the impact their words had on the campus community.
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The Berkeley College Republicans (BCRs) who invited Yiannopoulos have been quick to invoke the FSM and to present themselves and Yiannopoulos as free speech martyrsa position embraced by much of the mass media. But in the context of Savios speeches and writings about free speech, the Republicans might want to be a bit more reflective. Listen to Savios words from the FSM victory rally, December 9, 1964: We are asking that there be no, no restrictions on the content of speech save those provided by the courts. And thats an enormous amount of freedom. And people can say things in that area of freedom which are not responsible. Nowweve finally gotten into a position where we have to consider being responsible, because we now have the freedom within which to be responsible. And Id like to say at this timeIm confident that the students and the faculty of the University of California will exercise their freedom with the same responsibility theyve shown in winning their freedom. (Emphasis added.) In other words, merely because you have the right to invite a hateful and irresponsible speaker to campus does not mean that it was responsible to do so. Indeed, when the Daily Californian editors questioned the BCR spokesman, they found that he had not even read or heard Yiannopouloss speeches on other campuses. That interview suggested that the BCR had invited him for the spectacle involved and to antagonize the Berkeley left. Again, that is their right. But is it responsible? Does it promote dialogue? Or does it just inflame and polarize?
For Savio, these would not likely have seemed trivial questions. He wanted all to speak freely, but also to be thoughtful as both speakers and listeners. This is why on the FSMs 25th anniversary, in Savios design for a Free Speech Movement monument (never built) he included not only the Diogenes quote cited above on the beauty of freedom of speech but an ephebic oath (modeled on that of ancient Athens) to remind speakers of their special responsibility. The oath read: We will never intentionally bring disgrace uponour university. By our words and actions we endeavor to honor the ideals of those who came before us, and deepen and strengthen the community in which we are privileged to speak.
I remember when first reading the words Savio chose for his FSM monument design how surprised I was that he had coupled the liberalism of Diogenes with the conservatism of the ephebic oath. After all, we tend to associate the 1960s, the decade of the FSM, with an anything goes philosophy. But when you considered Savios intensive study of ancient Greece and Rome in his early college years, it made sense that he would understand the dangers of demagoguery, that the great gift of free speech could be abused. His answer, of course, was not to repress speech but to urge speakers and listeners to think critically about their discourse. And so he hoped that the Diogenes quote and the oath would lead speakers to judge whether they had spoken worthily and encourage the audience at Berkeley to judge critically whether the speech it hears is really free or merely cant.
What Mario Savio did in his FSM victory speech in 1964 was in its own way reminiscent of what Martin Luther King Jr. did in his March on Washington speech a year earlier. Both were seeing beyond their time, with King sharing his dream of an America freed from the shackles of racism and Savio envisioning a campus as it was being reborn, liberated from its history of binding restrictions on political expression. Without idolizing Savio, it is not too much to see in the oath he designed a kind of prophetic warning that freedom exercised irresponsibly or freedom repressed could bring disgrace upon our university. Those were the words that came to mind when the live stream on my computer brought those disturbing images of windows smashed and fires ignited in the student union last week. Savio is, sadly, no longer with us, but I hope his words will push us all to reflect on whether our actions in this crisis have honored the free speech ideals of those who came before us and served to deepen and strengthen the community in which we are privileged to speak.
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Trump commits to NATO summit
Posted: at 10:00 pm
Trump, who was outspoken on the campaign trail about the role -- and upkeep -- of the security pact, spoke with NATO Secretary General Jens Stoltenberg Sunday night.
During the call, the two leaders "reconfirmed the importance of the Alliance in troubled times," according to a statement from NATO.
Trump and Stoltenberg specifically discussed NATO allies meeting their defense spending commitments, the role of the organization in defeating terror, and the potential for a peaceful resolution to the Ukrainian conflict.
"The Secretary General recalled NATO's consistent policy of strong defense and dialogue with Russia," the statement reads. "The Secretary General and President Trump looked forward to the upcoming NATO summit in Brussels in late May to discuss these issues."
The White House confirmed that Trump would attend the summit.
Last month, in a joint interview with the Times of London and the German publication Bild, Trump accused the organization, which was founded in 1949 as a bulwark against Soviet expansionism, of being "obsolete."
In the interview, which took place prior to his inauguration, Trump restated his campaign-trail doubts about the transatlantic alliance.
"I said a long time ago that NATO had problems," he said.
"Number one, it was obsolete, because it was designed many, many years ago.
"Number two, the countries weren't paying what they're supposed to be paying," adding that this was unfair to the United States.
Only five of NATO's 28 members -- the US, Greece, Poland, Estonia and the UK -- meet the alliance's target of spending at least 2% of GDP on defense.
At a press briefing following the calls, White House press secretary Sean Spicer was asked about the disconnect between Mattis' comments and his boss'.
"The President is very clear that as it's structured now, in terms of the output of NATO, he doesn't feel as though it's doing what its mission was set up to do or that it's being particularly effective," Spicer said at the time.
Sunday's call came after EU leaders met in Malta last week, where they denounced the incoming President's recent attacks on Europe as they met for a summit to debate the future of the union.
EU leaders have been rattled by Trump's comments on Europe and the NATO transatlantic alliance. Along with calling the alliance "obselete," he has voiced his support for Britain's departure from the EU and criticized European refugee policies.
French President Francois Hollande hit out at Trump as Hollande arrived at the informal summit on the future of the EU in Malta.
"There are threats, there are challenges," he said. "What is at stake is the very future of the European Union."
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NATO Critic Trump Agrees to Attend Brussels Summit in May
Posted: at 10:00 pm
President Donald Trump spoke with the secretary general of NATO on Sunday and agreed to join a meeting of NATO leaders in Europe later this year, after having repeatedly criticized the alliance and having called it "obsolete" as late as last month.
Trump spoke with NATO Secretary General Jens Stoltenberg on Sunday evening regarding the United States' "strong support for NATO," according to the White House press office.
The two leaders discussed "how to encourage all NATO allies to meet their defense spending commitments" and the potential for a peaceful resolution of the conflict along the Ukrainian border, according to the White House.
The president also agreed to join at the summit of NATO leaders in Brussels, the alliance's headquarters, in late May.
During his campaign, Trump set off alarm bells in Europe after suggesting that he might set conditions for defending members of the alliance under attack. Trump told The New York Times in July that the United States was shouldering too much of the cost for the security alliance.
Related: Analysis: Trump's 'America First' Vision Could Upend Postwar Consensus
He said that he would force some of the 28 NATO members to contribute more and that defending fellow member nations would be contingent on those nations' having "fulfilled their obligations to us."
Trump has also repeatedly called NATO obsolete, most recently in an interview with Germany's Bild newspaper in January.
President Donald Trump at the National Prayer Breakfast in Washington on Thursday. Evan Vucci / AP
"I said a long time ago that NATO had problems. Number one it was obsolete, because it was, you know, designed many, many years ago," Trump said in the interview. "Number two the countries aren't paying what they're supposed to pay. I took such heat, when I said NATO was obsolete. It's obsolete because it wasn't taking care of terror."
Trump added that NATO was still "very important" to him.
Stoltenberg said he had a phone call with Trump after he was elected and was sure he would remain strongly committed to the institution.
"I am absolutely certain that the new president and the new administration will be strongly committed to a strong NATO,"
British Prime Minister Theresa May, who sought reassurances about Trump's commitment to NATO during her visit to the White House in late January, also said Trump told her the United States is "100 percent behind NATO."
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NATO Critic Trump Agrees to Attend Brussels Summit in May
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Lithuania emphasises NATO strength in the Baltics – euronews
Posted: at 10:00 pm
Lithuanias president has said the stationing of more than 1,000 NATO troops around 100 kilometres from its border with Russia sends a clear message about the alliances collective power in the Baltics.
Following Russian intervention in both Georgia and Ukraine in recent years, NATO decided to build up a presence in the countries bordering Russia and Belarus.
Never before has Lithuania hosted allied military forces of such size and integrity. It sends a very clear and important message to all: NATO stands strong and united, said President Dalia Grybauskaite.
Germanys Defence Minister, Ursula von der Leyen, sent a similar message.
Today we have come together as NATO partners to reassure our strong commitment to the future of Lithuania. Never again will Lithuania stand alone.
NATO is expanding its presence in the region to levels not seen since the Cold War.
Germany will lead the troops in Lithuania, while there will be a US-led deployment in Poland, British-led forces in Estonia and Canadian-led troops in Latvia.
The election of President Donald Trump has cast doubt on the commitment of the United States to NATO. He has previously described the allies of the alliance as very unfair for not contributing more financially.
However, following a phone call with US Secretary of Defence, James Mattis, Von der Leyen said she felt reassured.
After what we discussed, I have no doubt about his deep conviction in the importance of NATO and the commitment of the Americans within NATO to what we have agreed, she said from Lithuanias Rukla military base.
She will travel to Washington where shell attend her first meeting with Mattis on Friday (February 10).
Trump had a phone conversation with NATO Secretary General Jens Stoltenberg on Sunday (February 5), in which the US president agreed to meet alliance leaders in Europe in May.
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Joint press point – NATO HQ (press release)
Posted: at 10:00 pm
Thank you very much.
President Dodon, welcome to NATOs Headquarters. And thank you for the very intensive and positive discussion that we had today. The Secretary General regrets very much that he could not greet you today in person, but he is not feeling well today.
Nevertheless, he looks forward to future opportunities and also asked me to convey that NATOs message here with regard to your country, to Moldova, is very clear. NATO respects the sovereignty of all nations. We firmly believe that every nation has the right to set its own course. To choose its own alliances. Or to choose not to align with anyone.
NATO fully respects Moldovas constitutional neutrality. Our Individual Partnership Action Plan recognises that Moldova is constitutionally neutral and does not wish to join the NATO Alliance. This document is on the website of the Moldovan Foreign Ministry so our cooperation is transparent to all.
But neutrality is not the same as isolation. And NATO works closely with other neutral countries such as Switzerland and Austria.
Moldova is a close partner to NATO. And I appreciate Moldovas contribution to our KFOR mission in Kosovo. This supports peace in the Western Balkans, it gives Moldovan troops valuable practical experience, and it shows that Moldova is a responsible contributor to international security.
Neutrality is built upon a foundation of strong institutions and good governance. NATO is helping Moldova in both areas.
We provide Moldovan civilian and military personnel with training and education to help fight corruption in the defence sector.
We helped Moldova to build a strong professional military education system, with Bachelors and Masters degrees, and other professional courses.
So far, 350 Moldovans have graduated from these courses, and 275 Moldovans are currently enrolled in studies.
NATO is committed to improving the lives of ordinary Moldovan people. NATO has spent 4.5 million euros on destroying dangerous pesticides, anti-personnel mines, surplus munitions and dangerously stored rocket fuel.
Almost 1,300 Moldovans have attended NATO courses on topics including logistics, border security and emergency planning. And last year, NATO paid for a new cyber defence laboratory at the Technical University of Moldova, to provide training in cyber defence.
Many of these programmes are civilian and not military in nature. All of them help to make Moldova safer and more secure. And everything that NATO does has been requested by the government of Moldova.
This year, a new NATO Liaison Office will open in Chisinau. This is not a military base, but a small diplomatic mission staffed only by civilians. There will be no NATO troops in Moldova.
NATO has long had liaison offices of this kind in other partner countries, such as Russia, Ukraine and Georgia.
As requested by the Moldovan government, the Office will facilitate our support for Moldovas ongoing reforms. It will also increase transparency about what NATO is and what it does with Moldova, which we think will be very interesting and we hope also beneficial to the Moldovan public.
Mr President, NATO fully supports a stable, secure and neutral Moldova. It is important that Moldova continues its democratic reforms notably on fighting corruption and strengthening the judiciary.
And it is important that Moldova remains committed to the values shared by all European democracies.
So thank you again sir for coming here today. Its a great honour to welcome you once again to the NATO Headquarters.
Moldova can count on the friendship of NATO. And now we look forward to hearing your remarks.
Thank you.
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Trump vows ‘strong support’ for Nato ahead of showdown in Brussels – The Independent
Posted: at 10:00 pm
Donald Trump has declared his strong support for Natoin his most forceful backing yet for an organisation he once branded obsolete.
It comes as the US President is set for a showdown in Brussels in the spring when he meets other Nato leaders, many of whom he has lambasted for not spending enough on defence.
Speaking during his first visit to the headquarters of US Central Command in Tampa, Florida, Mr Trump said he now strongly supported the bloc.
The US President, who once dismissed the trans-Atlantic alliance as irrelevant and out of date, said he would decide whether to protect Nato countries against Russian aggression based on whether those countries "have fulfilled their obligations to us".
But in an apparent U-turn, Mr Trump gave his full backing for the bloc. It followed a claim by Theresa May during her visit to Washington in January that Mr Trump had pledged his 100 per cent backing for the alliance.
Earlier, it emerged that the former reality TV host would be attending a Nato summit in Brussels in May.
NatoSecretary General Jens Stoltenberg spoke with Mr Trump by phone to confirm the visit the second conversation between the two men since the 20 January inauguration.
A statement said: Nato Secretary General Jens Stoltenberg had a phone conversation with US President Donald J Trump on Sunday evening, where they reconfirmed the importance of the alliance in troubled times.
They reviewed progress on the fight against terrorism and on Nato defence spending, and stressed the need for continued efforts to ensure fair burden-sharing among all Nato Allies.
They also discussed the uptick in violence in eastern Ukraine, and prospects for a peaceful settlement.The Secretary General recalled Nato's consistent policy of strong defence and dialogue with Russia."
The issue of defence spending among Nato allies has taken on a renewed importance since the election of Mr Trump.
He has railed against Nato allies who fail to spend two per cent of their GDP on defence.
Theresa May used a recent EU summit to press Nato members to meet the target, presumably in a bid to maintain US support for the alliance.
Five countries spend at least two per cent: the US, the UK, Greece, Poland and Estonia.
James Mattis says Putin's threat to Nato is biggest threat since WWII
Mr Trump said as recently as January that Nato was obsolete.
"I said a long time ago that NATO had problems," he said. "Number one, it was obsolete, because it was designed many, many years ago.
"Number two, the countries weren't paying what they're supposed to be paying.
That approach put him on a collision course with his defence secretary pick, James Mattis, who is a vocal supporter of Nato.
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Flynn to recommend Trump back NATO membership for Montenegro – Politico
Posted: at 10:00 pm
Michael Flynn "is expected to recommend Montenegro's accession into NATO to Trump in the coming days," a senior administration said. | Getty
White House national security adviser Michael Flynn will recommend that President Donald Trump support allowing the small Balkan nation of Montenegro to join NATO, POLITICO has learned despite strong opposition from Russia.
The move will be a major test of the new administration's policy toward Moscow, which considers any further eastward expansion of the Western military alliance a provocation.
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Other NATO countries and the U.S. Senate widely support granting membership to the nation of 650,000 people, which once was part of the former Yugoslavia. Montenegro's leaders have accused Russian President Vladimir Putin of fomenting instability inside the country to erode support for joining the alliance including alleged plots by pro-Russian movements last year to attack the parliament and assassinate the prime minister.
But Flynn, one of Trump's key advisers, "is expected to recommend Montenegro's accession into NATO to Trump in the coming days," a senior administration official said Monday in response to questions.
Trump, who criticized NATO as outdated during the campaign, has praised Putin and vowed to improve relations between Washington and Moscow. Now Montenegro will have an outsize role in revealing how much he is willing to back up the Cold War-era alliance at the expense of his budding relationship with the Russian leader.
What Russia has done against Montenegro is a unique case, said Jorge Benitez, a senior fellow and NATO expert at the Atlantic Council, a Washington think tank that supports the expansion. "No NATO candidate country has ever faced such a dire attack or threat in the process of finishing its membership into the alliance.
Trump could block the bid under NATO's rules, which require unanimous support from all members. Some supporters of Montenegro's application fear he will oppose extending NATO's defense guarantee to yet another small European country.
We've defended other nations' borders, while refusing to defend our own, Trump said in his inauguration speech. From this day forward, it's going to be only America first.
But in recent days his administration has taken steps that seem to demonstrate that advisers who push a stronger commitment to NATO and a tougher line against Moscow are having an influence.
Nikki Haley, Trump's ambassador to the United Nations, announced last week that the United States would not lift sanctions against Russia over its 2014 invasion of Ukraine. On Thursday, Ukrainian President Petro Poroshenko called for a referendum on NATO membership, if Russia refuses to pull its forces out of the Crimea peninsula.
Montenegro, which broke away from a state union with Serbia to become independent in 2006, would become the third NATO member in the Western Balkans, behind Croatia and Albania, which both joined in 2009.
Twenty-three of 28 governments in the alliance have voted in favor of its bid and only the United States, Canada, Spain, Germany and the Netherlands have yet to weigh in. If all NATO members approve Montenegro's membership it will be up to Montenegro's own parliament to ratify the accord.
NATO accession is a highly controversial issue in Montenegro. An opinion poll conducted in December 2016 has only 39.5 percent of Montenegrins in favor of NATO membership and 39.7 against. Other opinion polls have suggested similar margins.
Russia has long seen the region as a sphere of influence and has sought to prevent it from falling under the sway of Western powers. Russia has been accused of bankrolling anti-NATO and anti-European Union political voices throughout the region, including Montenegros Democratic Front, a stridently anti-NATO party that won 20 percent of the vote in parliamentary elections last fall.
The party accuses the Montenegrin government of using the NATO issue in order to distract from systemic governmental corruption.
In turn, Montenegrin Foreign Minister Srdjan Darmanovi has accused the Democratic Front of being a Russian proxy. A flood of Kremlin cash went not only to DF and its campaign, but also to media outlets and NGOs that ardently opposed NATO membership, Darmanovi wrote in an article for the Journal of Democracy last month.
In October, Montenegros special prosecutor announced that 20 members of a Russian nationalist terrorist cell had been arrested on charges of trying to destabilize the country. Exactly what happened is not yet clear, but the apprehended suspects told Montenegrin authorities about an alleged plot to seize the country's parliament building and assassinate Prime Minister Milo ukanovi.
Neboja Kaluerovi, Montenegro's ambassador to the United States, is adamant that the nation's preparations over the last seven years for NATO eligibility have transformed the country into a strong Western ally.
It helped bring about our institutions. It helped bring about our democracy. It helps bring stability and security to the whole region, he said in an interview.
Wide majorities of both parties in the U.S. Senate whose treaty authority would require its assent agree.
Senators on both sides of the aisle see Montenegro's bid as a test of resolve against the increasingly belligerent behavior by Russia, which U.S. intelligence agencies have also accused of trying to influence U.S. presidential election by hacking and leaking the emails of Democratic officials and supporters of Hillary Clinton.
The Senate Foreign Relations Committee voted in favor of the treaty with Montenegro on Jan. 11. The panel's chairman, Sen. Bob Corker (R-Tenn.), predicts at least 98 senators will vote in favor.
Were trying to figure out how to make it happen," Corker told POLITICO. "It will pass 98-2 or 99-1, but getting it on the floor right now is difficult.
Russia hawks like Sen. John McCain (R-Ariz.) worry a great deal that Russia will try to destabilize Montenegro before it becomes a full NATO member and has become one of the loudest voices pushing for a full Senate vote as soon as possible.
"Were doing everything we can to get that up, I promise you. he said.
I want to send a clear signal to our friends in Montenegro and to the Russians about how we feel, so I hope we can vote quickly, added Sen. Lindsey Graham (R-S.C.). The sooner the better.
Because adding a nation to NATO is a treaty measure, support from two-thirds of senators is required to secure passage. But the Constitution delegates the power to negotiate treaties to the president and Trump could refuse to relay the ratification to NATO, indefinitely stalling the process.
Advocates for delay include Sen. Rand Paul (R-Ky.), who has raised concerns about the United States committing to defend another country in which Russia has a strong interest. He blocked a Senate attempt to vote on the treaty in December.
I think that many are referring to this as a provocation to Russia, and also, I think NATO is too big already," Paul told POLITICO. "I think we should think long and hard if whether or not we are willing to go to war if Montenegro has a skirmish with somebody that surrounds them. Ultimately, joining NATO is not necessarily a benign thing.
I think there needs to be a debate about how big NATO needs to be, he added. We pay for basically the defense of the world. If we let Montenegro in, are they going to provide for their defense or are we going to provide for their defense?
Kaluerovi insists the government's desire to join the Western alliance should not be interpreted as a sign of aggression against Russia, but rather a desire to be part of the Western world.
The two pillars of our foreign policy since the day of regaining our independence have been NATO integration and EU integration processes, he said. Simply, we belong to this part of the world.
We are doing that not against anybody, but because we think it is in our favor, he added.
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Flynn to recommend Trump back NATO membership for Montenegro - Politico
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Prosecutors to seek indictment against former NSA contractor as early as this week – Washington Post
Posted: at 9:59 pm
Federal prosecutors in Baltimore are expected to seek an indictment as early as this week against a former National Security Agency contractor who is accused of carrying out the biggest theft of classified information in U.S. history.
The indictment against Harold T. Martin III is expected to contain charges of violating the Espionage Act by willfully retaining information that relates to the national defense, including classified data such as NSA hacking tools and operational plans against a known enemy of the United States, according to individuals familiar with the case.
Martin, 52, was arrested Aug. 29 at his home in Glen Burnie, Md., and he has been held in a detention facility since. A U.S. District Judge last fall declined Martins request to be released from jail pending an eventual trial or resolution of the case, ruling that he was a flight risk.
In a complaint unsealed in October, the government charged Martin with felony theft of government property and the unauthorized removal and retention of classified materials, a misdemeanor. The prosecutors said then that they expected that the indictment would also include charges of violations of the Espionage Act, offenses that carry a prison term of up to 10 years for each count.
Such charges, prosecutors said, if run consecutively, could amount to a sentence as high as 30 years to life in prison.
The Justice Department declined to comment Monday.
In court hearings and filings, prosecutors have characterized Martins actions as highly damaging to national security. Over the course of 20 years working with various federal agencies, Martin took irreplaceable classified material on a breathtaking scale, said Zachary A. Myers, an assistant U.S. attorney with the District of Maryland, at a detention hearing in October.
Myers said Martin took many thousands of pages of classified material as well as 50terabytes of digital data, much of which has special handling caveats.
Martin previously worked in the Navy, leaving active duty in 1992 and then held a variety of tech jobs with government contractors. He worked at the NSA from 2012 to 2015, where he was an employee of the intelligence contractor Booz Allen Hamilton.
For some portion of that time, Martin was in the NSAs elite hacker unit, Tailored Access Operations, which makes and deploys software used to penetrate foreign targets computer networks for foreign espionage purposes.
Some U.S. officials said that Martin allegedly made off with more than 75percent of TAOs library of hacking tools an allegation which, if true, would be a stunning breach of security.
James Wyda, one of Martins defense attorneys, declined to comment.
His attorneys have previously portrayed him as a patriot who took material home to become better in his job, not to pass them to a foreign spy agency and betray his country. The desire to improve became a compulsion, Wyda argued at the detention hearing.
This is the behavior of a compulsive hoarder who could not stop gathering and possessing the documents he treasured, Wyda said.
Martins theft was discovered more than a year after another breach at TAO, in which a longtime employee was discovered to have taken without authorization significant quantities of the units hacking tools. The breach was not thought to be as serious as Martins, but it caused concern within the intelligence community.
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Prosecutors to seek indictment against former NSA contractor as early as this week - Washington Post
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NSA rejections hint at lingering secrets surrounding Cold War codebreakers – MuckRock
Posted: at 9:59 pm
February 7, 2017
Agency insists encrypted VENONA transmissions - some of which could be over 70 years old - are classified TOP SECRET
VENONA, a Signals Intelligence (SIGINT) and decryption program run by the NSA and its predecessor, the U.S. Armys Signal Intelligence Service, intercepted and ultimately decrypted thousands of Soviet messages, most infamously helping to finger the Rosenbergs. These decrypted messages have been a useful resource to historians, and the NSA boasts that over the course of five more releases, all of the approximately 3,000 VENONA translations were made public and put on their website.
However, there are still a few lingering questions about the VENONA program. For a long time, the popular account was that the program was greatly aided by the recovery of a partially burned codebook. However, the NSAs own version of the story contradicts this, and provides a different context to the recovered materials in both their public histories and a now declassified history that was originally TOP SECRET UMBRA. For what its worth, the NSAs version seems internally consistent and logical - while the Soviets accidental reuse of One-Time Pads and recovered codebooks did aid in the NSAs decryption of the messages, the codes for the VENONA intercepts seem to have only been discovered through the hard work and brute force analysis of dedicated cryptologists.
Seeing an opportunity to allow the cryptographically minded to look at the original encrypted versions of the intercepts, I filed a FOIA request for both the unencrypted and untranslated copies of messages which were examined by the February 1943 project later codenamed VENONA, specifically including any messages which were not successfully or fully decrypted or translated. While there was a good chance that the Agency would decide to withhold any messages that werent decrypted, the release of their encrypted formats could be quite interesting. The collective ingenuity of the internet would get to challenge the NSAs, with any victory over the NSA enriching both their and the publics understanding of history.
Instead, the Agency refused to provide anything new. It was all still classified as TOP SECRET.
This was unexpected, but not entirely surprising. I assumed that the Agency simply hadnt bothered to declassify the documents and that the form letter exaggerated, in typical bureaucratic form letter fashion, how current the classification really was. After all, I had requested both the decrypted and untranslated copies of the messages. The untranslated copies would have the same information as the translated copies, but in Russian. They could be redacted just as easily as the translated English version, and the NSAs process of translating Russian to English couldnt possibly be classified - the Agency even publicly posts some of its translation training resources.
The response to lingering over-classification is fairly simple. One simply files a Mandatory Declassification Review (MDR) request, which I did. I pointed out that the decrypted and translated records have been released and posted to the NSAs website, and neither the decryption method (a One Time Pad was repeatedly used, allowing the code to be broken) nor the Russian-to-English translation process remains classified. It took the NSA eight months, but they eventually responded - the declassification was denied and the information remained TOP SECRET.
The NSA added that the information was also withheld because it might reveal NSA/CSS functions and activities and was therefore exempt from automatic declassification. While I disagreed under the circumstances, I could understand the argument that the raw intercepts should remain TOP SECRET. Revealing them could, theoretically, disclose information about the NSAs process for decryption. However, the story had already been told and was described as an iterative analytical process that was aided by the reuse of One-Time Pads and some recovered materials. Since the devils in the details, this seemed somewhat fair. But the idea that the decrypted, but still in Russian intercepts needed to remain TOP SECRET, while English versions were posted on the NSAs website? That was truly surprising.
Is this a case of the NSA being stubborn in unnecessarily keeping something classified? Its certainly not without precedent, especially from the Agency that spent its early years being so secretive and unacknowledged that the joke was that NSA stood for No Such Agency. Or is the NSA actually hiding something? A more refined MDR with follow up appeals might yield something, but for now the NSA remains tantalizingly coy about its secrets.
The NSAs declassified history of VENONA is embedded below:
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NSA rejections hint at lingering secrets surrounding Cold War codebreakers - MuckRock
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