Sarah Palin’s WikiLeaks Fail

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


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.

FOLLOW THE MONEY

Corporations and billionaires don’t fund journalism like ours that exists to shake things up. Instead, support from readers allows Mother Jones to call it like it is without fear, favor, or false equivalence.

And right now, a longtime friend of Mother Jones has pledged an incredibly generous gift to inspire—and double—giving from online readers. That's huge! Because you can see that our fall fundraising drive is well behind the $325,000 we need to raise. So if you agree that in-depth, fiercely independent journalism matters right now, please support our work and help us raise the money it takes to keep Mother Jones charging hard. Your gift, and all online donations up to $94,000 total, will be matched and go twice as far—but only until the November 9 deadline.

$400,000 to go: Please help us pick up the pace!

payment methods

FOLLOW THE MONEY

Corporations and billionaires don’t fund journalism like ours that exists to shake things up. Instead, support from readers allows Mother Jones to call it like it is without fear, favor, or false equivalence.

And right now, a longtime friend of Mother Jones has pledged an incredibly generous gift to inspire—and double—giving from online readers. That's huge! Because you can see that our fall fundraising drive is well behind the $325,000 we need to raise. So if you agree that in-depth, fiercely independent journalism matters right now, please support our work and help us raise the money it takes to keep Mother Jones charging hard. Your gift, and all online donations up $94,000 total, will be matched and go twice as far—but only until the November 9 deadline.

$400,000 to go: Please help us pick up the pace!

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate