When I was referring to 1st amendment rights I was thinking about anyone over at WikiLeaks and even just in general.
I was suggesting that if this all went down in the US I'm not sure it would have first amendment protection. Probably would for publishing... almost certainly not for the leaker/thief.
As for the morally compelling reason- there are people who feel it is the right of the public to know certain things.
I understood that. But that's not a morally compelling reason. That's you telling me that some people feel morally compelled. Yes, some people do. So what? What morally compelling reason is there for leaking this information?
The Saudi comment is not a good example, I admit, but things like the previous WikiLeaks release on American soldier comments on the Iraq war certainly may fall under that category.
I certainly may be trying to turn you into a penguin.
Why?
Soldiers may be ordered to remain silent on issues for a very wide array of reasons mostly having to do with not getting themselves or others killed.
Let's look at this from the other side. Why is it immoral to keep those released soldier comments secret?
What morally compelling need is there to disclose? What morally compelling need do you (all of us) have to know?
As for the "thief" feeling morally compelled to steal information- well that depends on whether you think that information actually belongs to anyone and even if you do, if it belongs to just the state.
I don't think there is much of a debate to be had about the ownership of the documents nor that taking them likely constitutes a crime.
Morality is not fungible. Theft is theft regardless of the party from whom the material is stolen. The identity of the victim does not justify the crime. The act and intent of the thief does.
So, while the leaker may feel that the information is not owned by the state that honest belief is a mistaken belief. The thief's mistake of fact is no defense. He knows the documents are not his. Taking them is a theft despite his dubious moral opinions.
In some matters the answer is yes, in others no. The whole "thief" argument relies on assuming that that information belongs to the state-
No. It relies on the information not being the thief's. Whether the thief does or does not know the owner is immaterial. He knows he is not the owner.
Do you think stealing government cars is theft? They belong to the state. What if the thief didn't know the car belonged to the state?
that the state can actually own that information. The people who leaked this info almost certainly believe the state doesn't own it. That is different than a tangible like the car.
No it isn't. Schematics for nuclear propulsion systems are merely recordings of information. Stealing such plans and stealing a car are both theft.... even if one copied the plans onto one's own paper or cpu such they only exist in electronic form.
Patents, trademarks etc are all intellectual propert. That you cannot drive a patent doesn't mean that it connot be stolen.
The thief who stole the state's car still stole a car even if he didn't think the state owned it. He knew he didn't own it.
As for government covering up crimes, I know that is not what WikiLeaks published this time,
then this doesn't much matter
Just because people leaked it doesn't mean it was bad. Different example and probably not relevant here, but I'm just saying.
The issue isn't leaks. The issue is WHAT was leaked. That's why I said this isn't a zero sum game. Some material should not be leaked. That's been my point. Determing what fits "some" may be a challenge. However, I offered quite a few examples of what would clearly fit "some."
A good piece that I just ran across that about sums up our different viewpoints and the future of this sort of thing:
http://www.economist.com/blogs/democracyinamerica/2010/12/after_secrets
I quit reading that pile of crap rag some time ago
I did some fact checking on a few articles over a few months... I was stunned at how bad they were