Intelligence leaks: what is the role of the leak and the leaker in U.S. democracy?

Abstract

What is the role of the leak and the leaker in U.S. democracy? Liberty and security reside at opposite ends of an ever-changing scale. During peace and war, the scale tips in favor of liberty and security, respectively. In any event, intelligence is needed to ensure the safety of the state. Intelligence leaks threaten national security yet bolster transparency between the government and the people, a cornerstone of democracy. As such, intelligence leaks form a matter of First Amendment concern. This thesis will explore First Amendment rights as they relate to the media, whistleblowers, and leakers. The interaction between executive authority and congressional oversight is important in understanding how checks and balances work to monitor executive power and shape intelligence community oversight. Because the goal is to understand how the leak and the leaker affect the balance of security and liberty, the leaker in a time of national crisis, is examined. Through historical and comparative analysis, the thesis will compare and contrast the similarities and differences between the Pentagon Papers and WikiLeaks to Edward Snowden.