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by farss 2375 days ago
It doesn't really matter, they can still use pre-publication review to jack you up by redacting even what is otherwise publicly available information and delay publication until the news cycle has moved on. The process is arbitrary and politicized, and widely considered to have become a First Amendment issue, which is not surprising, since the modern review process emerged in the 70s when the CIA was trying to mute public criticism by former employees of the lies, abuse, and failures of the Vietnam War.

[1] https://www.lawfareblog.com/path-dependence-and-pre-publicat...

[2] https://shadowproof.com/2019/12/18/us-government-censorship-...

1 comments

Gotcha. The argument here is that it may be that there is no classified material in the memoirs, but it doesn't matter. The publication review process can be used as an effective censorship measure in any case.

Another commentator wrote something similar here: https://news.ycombinator.com/item?id=21837795

There's a thought experiment in that thread about whether or not pulling proceeds and profit is standard operating proceedure or really arbitrarity and politically applied. Do you happen to know if there are examples of this pattern and process being applied in non-politically motivated situations?

Arguably the judgement against the book by the Navy Seal in the Bin Laden raid was a non-politicized example. https://www.theguardian.com/books/2016/aug/24/matt-bissonnet...
Nice find, I think that's a good example.

I do remember some controversy around the publication, and the credit claiming between Bissonette and O'Neil, as well as some more sordid/gruesomeness details (stories about mutilating Bin Laden's corpse, details about his family not being armed but slaughtered nontheless). https://theintercept.com/2017/01/10/the-crimes-of-seal-team-.... In doing so the public information through these Seal members undid a good deal of the public narrative about the professionalism and nobility of the assassination.

Still, I think this is a good and recent example to show at least the Snowden case isn't the government reaching for a tool they don't use in other cases.

The Patraeus case (https://en.wikipedia.org/wiki/David_Petraeus#Criminal_charge...) is the best example I have of counter-evidence to that, as they didn't demand any of the fees from the memoirs - just a probation and probationary fine.