1st Amendment versus Confidentiality

A decision last week by a San Francisco-based federal judge to order the shuttering of Wikileaks.org presents an interesting dilemma for public relations professionals.

The Internet and other forms of electronic communications (i.e. e-newsletters, email, personalized social networks, blogs, etc.) is an effective channel to target, message and engage key audiences -- including customers, partners, employees and investors. Yet, if we view the Internet as communications and collaboration platform we then must assume the First Amendment rights provided to traditional news media also apply.

The other side of the argument is based on an expectation of confidentiality. As a PR representative for a number of publicly traded companies, I take the non-disclosure agreements we enter into very seriously. They establish a baseline of trust that affords us access to our client’s senior management. Violation of confidentiality by an insider or external consulting firm is simply inexcusable.

This is a tough issue and I’m torn. What do you think?


Judge Orders Wikileaks Web Site Shut
New York Times
http://www.nytimes.com/2008/02/19/us/19cnd-wiki.html?8au&emc=au

The closing of Wikileaks.org, which invites people to post confidential material, presents a First Amendment test.