First Amendment Overview – LII / Legal Information Institute

First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The First Amendment to the U.S. Constitution, viewed broadly, protects religious liberty and rights related to freedom of speech. Specifically, the Religion Clauses prevent the government from adopting laws respecting an establishment of religion the Establishment Clauseor prohibiting the free exercise thereof the Free Exercise Clause. The First Amendment also expressly protects the freedoms of speech, press, peaceable assembly, and petition to the Government.

The Constitution Annotated essays discussing the First Amendment begin with the Religion Clauses, reviewing the history of these clauses before explaining, in turn, the Supreme Courts interpretation of the Establishment and Free Exercise Clauses. The Religion Clause section ends with an essay exploring the relationship between the Religion Clauses and the Free Speech Clause. The Constitution Annotated then turns to this latter clause, discussing interpretations of the Free Speech Clause before describing Supreme Court cases recognizing constitutional protections for freedom of association. Next, the Constitution Annotated explains the Free Press Clause. The First Amendment essays end by discussing the clauses protecting the freedoms of assembly and petition.

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First Amendment Overview - LII / Legal Information Institute

Chelsea Manning explains why she leaked secret military documents …

— -- Chelsea Manning has been called a hero by some, a traitor by others, but when asked how she sees herself, she said, "I'm just me."

"It's as simple as that," Manning told "Nightline" co-anchor Juju Chang in an exclusive interview on "Nightline."

Manning, a transgender U.S. Army soldier, was in prison for seven years at the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, after being convicted by a military tribunal under the Espionage and Computer Fraud and Abuse Acts and sentenced to 35 years in prison for releasing over 700,000 documents to WikiLeaks, of which only small amount of those documents ultimately lead to her conviction (some of them were published by The New York Times, The Guardian, and Der Spiegel).

When asked if she felt she owed the American public an apology, Manning said she has accepted responsibility for her actions.

"Anything I've done, it's me. There's no one else," she said. "No one told me to do this. Nobody directed me to do this. This is me. It's on me."

Manning at that time was a 22-year-old Army private named Bradley Manning. The information she disclosed included low level battlefield reports from Iraq and Afghanistan, evidence of civilian deaths in Iraq and Afghanistan, Guantanamo prison camp detainee profiles and U.S. diplomatic correspondence.

In referring to the military documents she was reviewing and what compelled her to risk her career and break the law by leaking them, Manning said, "We're getting all this information from all these different sources and it's just death, destruction, mayhem."

"We're filtering it all through facts, statistics, reports, dates, times, locations, and eventually, you just stop," she continued. "I stopped seeing just statistics and information, and I started seeing people."

Manning said she leaked the documents because she wanted to spark public debate. She said she didn't think leaking them would threaten national security.

"I work with this information every day," Manning said. "I'm the subject matter expert for this stuff. You know, we're the ones who work with it the most. We're the most familiar with it. It's not, you know, it's not a general who writes this stuff."

When asked why she, a low-level analyst, didn't raise her concerns up through the chain of command, Manning said, "the channels are there, but they don't work."

Manning pleaded guilty to some charges and was acquitted of the most serious charge brought against her: aiding the enemy. Her imprisonment was longer than any leaker in U.S. history. President Obama commuted her sentence to time served three days before he left office.

Days after Manning was sentenced, she came out as transgender on August 22, 2013. The military would not provide her with any treatment for her gender dysphoria, which she claimed resulted in her escalating distress. Her ACLU lawyer, Chase Strangio, filed a lawsuit on her behalf in September 2014. According to Strangio, Manning became "the first military prisoner to receive health care related to gender transition and was part of a shift in practice that lead to the elimination of the ban on open trans service in the military."

Fighting for hormone treatment was important for her, Manning said, because "it's literally what keeps me alive."

"[It] keeps me from feeling like I'm in the wrong body," she added. "I used to get these horrible feeling like I just wanted to rip my body apart and I don't want to have to go through that experience again. It's really, really awful."

Manning was released from prison on May 17 and has been documenting moments from her daily life on her Instagram and Twitter account, @xychelsea, from taking her first steps out of prison, to playing videos games to hanging out with friends.

Being on the outside, "it's a culture shock for anyone to go through any set of circumstances like that," Manning said.

When asked how she feels about the military today, Manning said, "I have nothing but utmost respect for the military."

"The military is diverse, and large, and it's public, it serves a public function, it serves a public duty," she continued. "And the people who are in the military work very hard, often for not much money, to make their country better and to protect their country. I have nothing but respect for that. And that's why I signed up."

Manning said she hasn't spoken to Obama since he commuted her sentence, but she would want to tell him thank you.

"I've been given a chance," she said. "That's all I asked for was a chance. That's it, and now this is my chance."

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Chelsea Manning explains why she leaked secret military documents ...

Leaked Files – WikiLeaks

2. Act normal

If you are a high-risk source, avoid saying anything or doing anything after submitting which might promote suspicion. In particular, you should try to stick to your normal routine and behaviour.

If you are a high-risk source and the computer you prepared your submission on, or uploaded it from, could subsequently be audited in an investigation, we recommend that you format and dispose of the computer hard drive and any other storage media you used.

In particular, hard drives retain data after formatting which may be visible to a digital forensics team and flash media (USB sticks, memory cards and SSD drives) retain data even after a secure erasure. If you used flash media to store sensitive data, it is important to destroy the media.

If you do this and are a high-risk source you should make sure there are no traces of the clean-up, since such traces themselves may draw suspicion.

If a legal action is brought against you as a result of your submission, there are organisations that may help you. The Courage Foundation is an international organisation dedicated to the protection of journalistic sources. You can find more details at https://www.couragefound.org.

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Leaked Files - WikiLeaks

Chelsea Manning speaks of solitary confinement during New Year’s Day …

Chelsea Manning, the former Army intelligence officer sentenced to military prison for one of the biggest classified material leaks in U.S. history, spoke out during a New Year's Day performance at a poetry event in New York City about the year she spent in solitary confinement.

The 36-year-old anti-secrecy activist and whistleblower spoke Monday night at the Poetry Project's 50th Annual New Year's Day Marathon at New York City's St. Mark's in-the-Bowery, telling a standing-room-only crowd that her time in prison taught her "there's a lot of power in silence."

Manning began her performance by standing silently at a podium for three minutes before addressing the crowd.

Chelsea Manning, the former Army intelligence officer who served prison time for releasing a trove of classified documents in 2010, spoke on Jan. 1, 2024, at the Poetry Projects 50th Annual New Years Day Marathon in New York City.

William Hutchinson/ABC News

"So, that was a few minutes of silence," Manning then said. "I became very used to this experience that you just had, which is sitting there in silence for several minutes. I did that for almost a year."

Manning, who came out as transgender in 2013, was imprisoned for seven years at the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, after being convicted in 2013 by a military tribunal under the Espionage and Computer Fraud and Abuse Acts. She also pleaded guilty to some of the charges stemming from the leak.

Manning was imprisoned from 2010 to 2017, when then-President Barack Obama, with just three days remaining in his second White House term, commuted the more than three-decade sentence she received.

Manning said Monday night that the silence she endured during solitary confinement has also benefited her since her release from prison.

"I think there's a lot of power in silence. I think that there's a lot of power in self-reflection, introspection," Manning said. "And I wanted to share a little of that that I had because it's very meaningful to me."

Chelsea Manning, the former Army intelligence officer who served prison time for releasing a trove of classified documents in 2010, spoke on Jan. 1, 2024, at the Poetry Projects 50th Annual New Years Day Marathon in New York City.

William Hutchinson/ABC News

She said she has spent the last year going through a "time of healing for myself, for my own experience of being in solitary confinement for a year."

"I've been very active and engaging in a lot of different things," said Manning, who published a memoir titled "README.txt" in 2022. "But I've been finding that sometimes, I need to take the time to once again find that moment of introspection and self-reflection, despite the fact that I'd love to say so much, I have so much to say. But sometimes we just have to look inside ourselves and I hope that you all can appreciate that as well."

Manning was sentenced to 35 years in prison after pleading guilty to charges stemming from the unauthorized release of approximately 750,000 classified government documents to WikiLeaks and its founder, Julian Assange.

Among the materials Manning leaked was information that included low-level battlefield reports from Iraq and Afghanistan, evidence of civilian deaths in Iraq and Afghanistan, Guantanamo prison camp detainee profiles, and U.S. diplomatic correspondence.

In a 2017 interview with ABC News following her release from prison, Manning said she leaked the documents because she wanted to prompt a public domestic debate over the role of the military and U.S. foreign policy. She said she didn't think leaking the documents would threaten national security.

When asked why she didn't share her concerns up through the chain of command, Manning responded, "the channels are there, but they don't work."

Manning pleaded guilty to 10 of the charges stemming from the leak, and a military tribunal convicted Manning on other charges, including espionage, theft and fraud. The tribunal, however, found Manning not guilty of the most serious charge of aiding the enemy, which carries a life sentence.

Upon commuting Manning's sentence in 2017, President Obama released a statement saying, in part, "I feel very comfortable that justice has been served and that a message has still been sent that when it comes to our national security."

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Chelsea Manning speaks of solitary confinement during New Year's Day ...

Chelsea Manning 10 years after her sentence: what happened to the …

Chelsea Manning poses during a photo call outside the Institute Of Contemporary Arts (ICA) ahead of a Q&A event on October 1, 2018 in London, England.Jack Taylor (Getty Images)

Chelsea Manning was responsible for the largest leak of confidential documents ever to be released into the public domain. The former U.S. Army soldier, who served as an intelligence analyst in Iraq in 2010, leaked videos depicting airstrikes in which U.S. soldiers fired upon and killed several civilians, including two Reuters journalists. This video, known as Collateral Murder, was just the beginning. Manning went on to release over 251,000 diplomatic cables and more than 482,000 Army reports, collectively referred to as the Iraq War Logs and Afghan War Diary, through WikiLeaks and its media partners between April 2010 and April 2011.

After being identified as the source of the leaks, Manning was arrested in May 2010 and faced 22 charges, including theft, espionage, and aiding the enemy, which carried the possibility of a death sentence. In February 2013, she pleaded guilty to 10 charges. The trial for the remaining charges commenced on June 3, 2013, ten years ago. On July 30, Manning was convicted of 17 of the original charges, excluding aiding the enemy. She received a 35-year sentence at the U.S. Disciplinary Barracks, a maximum-security military facility. However, on January 17, 2017, President Barack Obama commuted her sentence, resulting in nearly seven years of confinement dating back to her arrest. Manning was released on May 17, 2017.

Since her release, Manning has engaged in speaking engagements about data leaks and her experience as a trans person, and has authored a memoir titled README.txt, wherein she candidly recounts her military experiences and the motivations behind her actions. In the book, she expresses her desire to challenge the simplified narrative of war prevalent in society, where questioning the established viewpoint is often perceived as disloyalty.

Mannings sentiments in her book echo those expressed in a document she wrote in January 2009, also titled Readme.txt. In that document, she referred to the leaked materials as one of the most significant documents of our time, capable of revealing the true nature of 21st-century asymmetric warfare by dispelling the fog of war.

During her service in Iraq, Manning experienced an incident that deeply impacted her. The Iraqi Federal Police arrested 15 detainees for printing anti-Iraqi literature. Manning was tasked with identifying the bad guys but discovered that the detainees had actually exposed corruption within the Iraqi cabinet. When she reported her findings to her commanding officer, he dismissed her concerns and ordered her to assist the Iraqi police in detaining more individuals. This experience led Manning to realize that she was actively participating in something that contradicted her personal values.

The leaked documents exposed various aspects of U.S. activities abroad and shed light on issues within the military, particularly regarding mental health. Manning faced adversity during her service, enduring bullying and struggling with the dont ask, dont tell policy that made it difficult for her to serve openly as a gay man. Furthermore, she grappled with gender identity disorder. During her trial, Mannings defense argued that her superiors failed to provide adequate counseling and discipline and neglected to revoke her security clearance.

A report by the Department of Defense, published in June 2017 following a request by investigative reporter Jason Leopold, stated that the leaks had no significant strategic impact on U.S. war efforts. Mannings lawyers also contended during the trial that the government exaggerated the harm caused by the document release, suggesting that Manning was being exploited to gather evidence against Julian Assange, the founder of WikiLeaks. Manning was later asked to testify in a U.S. case against Assange, but she refused, leading to her being found in contempt of court on March 8, 2019, and subsequently jailed until March 12, 2020.

Chelsea Mannings actions have evoked divergent perspectives, with some considering her a hero and others branding her a traitor. Regardless, her actions have ignited vigorous debate and controversy, pushing the boundaries of whistleblowing, government transparency, and national security. Additionally, Mannings struggle for gender-affirming surgery while in military custody has served as an inspiration for transgender individuals and advocates, shedding light on the challenges faced by the transgender community within the military and society at large. Mannings unwavering resilience and determination in asserting her rights have contributed to the ongoing discourse surrounding transgender rights.

In an interview with the Financial Times, Manning revealed that she rarely faces hecklers regarding the intelligence leaks, but occasionally experiences attacks related to her transgender identity. She expressed her resilience, stating that she has become accustomed to such criticism and that it no longer greatly affects her.

On speaking about her past, Manning wrote in February 2023: People still come up to me and talk about the stuff from 2010 as if it has any bearing on my current life. But Ive moved on; in my daily work, in my personal life, it almost has no bearing whatsoever.

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