This article is the text of Justice
Ronald Sackville’s, a Judge of Appeal in the Supreme Court of New South Wales, address
given at the Freedom of Speech Conference, plus some additions. This article
surrounds the topic of freedom of speech, John Milton’s writings regarding this
topic and the legal side of freedom of expression and freedom of speech.
Sackville refers to the ethical side of journalism, claiming that it is not
often that ethics are taken into primary considerate before an article is
published. He then includes a postscript in which he refers to The Australian’s
criticism of part of his address that regarded an article he mentioned in his
address. Sackville concludes that often phrases such as ‘freedom of speech’ and
the ‘right to know’ simplify “the nature of issues requiring informed debate.”
(Sackville, 2009) As Sackville’s article draws from a wide range of sources,
and an in depth analysis of the relationship between the legal system and the
media it can be deemed a reliable source. Although it may not be helpful as a
whole if arguing for or against freedom of speech from a journalistic point of
view, Sackville makes many points that would be useful to an argument of this
nature.
McCullagh, Declan. (September 26 2012). Julian Assange lashes out at ‘neo-McCarthyist fervor’ in U.S.
Retrieved from http://news.cnet.com/8301-13578_3-57521057-38/julian-assange-lashes-out-at-neo-mccarthyist-fervor-in-u.s/
This news report written by Declan
McCullagh for the CNet website explores the ongoing Julian Assange fiasco. This
particular article covers the legal action the United States of America is
taking regarding Assange’s website WikiLeaks’ sources. The document summarises
the persecution of Assange and one possible informer, Bradley Manning, who may
face the death penalty if convicted of the charges he faces. This article
supports some of Sackville’s points, commenting that if Assange is charged under
the American Espionage Act it could be a violation of the First Amendment’s guarantee
of the freedom of the press. As CNet is a product of the American CBS channel,
it is not entirely helpful or reliable. CBS is a form of commercial media and
thus driven by profit and not the requirement to give the public an unbiased
opinion. In the case of McCullagh’s article, he avoids most bias and delivers a
largely factual account of this topic. Unfortunately, McCullagh’s article lacks
a depth of sophisticated inquiry and thus is at risk of complying with what
Sackville noted as omissions of the press.
Dorling, Phillip. (September 27 2012). US calls Assange ‘enemy of state’. Retrieved from http://www.brisbanetimes.com.au/opinion/political-news/us-calls-assange-enemy-of-state-20120927-26m7s.html
Phillip Dorling’s article,
published on the Brisbane Times website, is very similar to the for mentioned
article by Declan McCullagh. Dorling claims the US military has designated Julian
Assange and WikiLeaks as enemies of the United States, and deems supporters of
the site that provide Assange with documents may be charged with communicating
with the enemy, and as McCullagh stated, the maximum sentence for this is
death. Dorling’s article differs from McCullagh’s as it includes more
information and therefore more depth. Not only does he include more of a
context than McCullagh does, briefly summarising why Assange has been living in
the Ecuadorian embassy in London, and also including why the US government wants
him extradited. Dorling’s article expands on why Assange’s potential charges
are invalid, but without portraying obvious bias. Assange purely leaked
documents from government agencies and officials, something that many
journalists have done in the past and have not had to face a possible death penalty.
Sackville’s speech supports this; the press has a right to publish what it
does, as long as it does not incite violence, include defamatory content and
does not omit facts to alter the reader’s judgment. The Brisbane Times is part
of the Fairfax Media company, which is a commercial media company like CBS.
Although it cannot be deemed reliable as a whole, from the analysis it can be
deemed a source that would be helpful when coupled with Sackville’s document.
ABC News. (September 27 2012). Assange addresses UN on human rights.
Retrieved from http://www.abc.net.au/news/2012-09-27/assange-un-address/4283354
The ABC News website’s article on
Julian Assange’s address to the United Nations uses some of the same information
that McCullagh and Dorling articles did. Unfortunately, it does not go into much
depth, as a result of being an internet article, but captures the main element the
previous two documents did. It also includes parts of Assange’s speech to the
UN in which he condemned Barack Obama’s policies regarding Assange’s WikiLeaks
site and claimed Obama contradicts himself, as he has made many statements
regarding freedom of speech. The ABC includes that Bradley Manning, a figure
mentioned in McCullagh and Dorling’s articles, has been held in custody for 856
days, and been psychologically tortured and abused due to his involvement with
WikiLeaks. This article, although small, explicitly illustrates the obvious issue
of freedom of the press, as Assange has a right to publish the documents
Manning provided, given they were not of a defamatory nature and did not omit
important elements of the nature of the situation. In comparison to McCullagh
and Dorling’s articles in relation to Sackville’s speech, the ABC article is
the most successful in addressing the issues Sackville mentions. Given the ABC
is a public broadcasting network; it does not face the same possibly compromising
issues of CNet and the Brisbane Times, and thus can be deemed the most reliable
of the three.
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