LAW6804

This course introduces students to major mechanisms by which the executive branch of the federal government keeps secrets, including the classification system, the doctrines of executive privilege and state secrets privilege, and prosecuting information leakers. The course also introduces students to some of the major means by which secrecy is challenged, including the Freedom of Information Act, first amendment access and newsgathering claims, and whistleblower protection laws. Throughout the semester, we will discuss a number of recurring themes including the connection between government secrecy and constitutional theories of presidential power, the politics of secrecy and transparency and the role of constitutional discourse in the same, and the costs and benefits of secrecy and transparency.