Edward Snowden, National Security Whistleblowing, and Civil Disobedience

Whistleblowing Nation: The History of National Security Disclosures and the Cult of State Secrecy (Kaeten Mistry & Hannah Gurman eds), Forthcoming

Columbia Public Law Research Paper No. 14-648

11 Pages Posted: 2 Dec 2019 Last revised: 15 Jan 2020

See all articles by David Pozen

David Pozen

Columbia University - Law School

Date Written: 2019

Abstract

No recent whistleblower has been more lionized or vilified than Edward Snowden. He has been nominated for the Nobel Peace Prize and denounced as a "total traitor" deserving of the death penalty. In these debates, Snowden's defenders tend to portray him as a civil disobedient. Yet for a range of reasons, Snowden's situation does not map neatly onto traditional theories of civil disobedience. The same holds true for most cases of national security whistleblowing.

The contradictory and confused responses that these cases provoke, this essay suggests, are not just the product of polarized politics or insufficient information. Rather, they reflect the genuine difficulties of locating national security whistleblowers within our main ethical framework for assessing conscientious and communicative lawbreaking. Just as the chapters in this volume urge us to move beyond the reductive characterization of whistleblowers as heroes or traitors, we may need to move beyond the standard models of civil disobedience to gain greater normative purchase on what whistleblowers do.

Keywords: civil disobedience theory, national security whistleblowing, NSA, Snowden, Rawls, King, Arendt, Walzer

Suggested Citation

Pozen, David E., Edward Snowden, National Security Whistleblowing, and Civil Disobedience (2019). Whistleblowing Nation: The History of National Security Disclosures and the Cult of State Secrecy (Kaeten Mistry & Hannah Gurman eds), Forthcoming; Columbia Public Law Research Paper No. 14-648. Available at SSRN: https://ssrn.com/abstract=3487552

David E. Pozen (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

HOME PAGE: http://web.law.columbia.edu/faculty/david-pozen

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