The lawsuit alleges the government’s pre-review process for published work is an unconstitutional “system of censorship.”
Five former intelligence and military employees filed a lawsuit Tuesday against several federal agencies. By Deanna Paul Deanna Paul Reporter covering national and breaking news Email Bio Follow April 2 at 10:12 AM Five former federal employees filed a lawsuit against several agencies Tuesday, alleging that the government’s pre-review process for publication is an unconstitutional “system of censorship.
There are some differences in each agency’s review process, but they share many aspects, said Vera Eidelman, staff attorney at the ACLU. Each agency restrains speech for “any legitimate government interest” and is applied to millions of employees or former employees — whether they have the lowest-level security clearance or are permitted to see the nation’s top secrets.
The five named plaintiffs were all authorized high-level security clearance in their government jobs. They were required to sign nondisclosure agreements when they were hired and were subjected to the prepublication review requirements. One of them is Mark Fallon, a former employee of the Naval Criminal Investigative Service.
“Living through that time as a leader is something that can help shape policy and help make informed decisions,” he said, noting that he opposed the Bush torture policies, calling them “unconscionable” and “immoral.” Richard Immerman’s review took six months. His manuscript did not refer to classified information obtained during his employment with the ODNI or the State Department, yet he was given extensive redactions, including references to publicly available newspaper articles.
“For a country that values free speech, we’ve become too comfortable with a system that permits prior restraint and censorship of speech,” he said to The Post, referring to government restraint of information that’s already in the public domain. “Depriving us of people who are most knowledgeable and who generally have a lot of wisdom to share makes us all worse off.”
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