Jay Rosen writes: As things stand today, the Fourth Estate is a state of mind. Some in the press have it, some do not. Some who have it are part of the institutional press. Some, like Ladar Levison and Edward Snowden, are not.

“I think if the American public knew what our government was doing, they wouldn’t be allowed to do it anymore.”

Those are the poignant words of Ladar Levison, founder of Lavabit, a secure email service that he voluntarily shut down when faced with some sort of demand from the U.S. government to reveal user information. The precise nature of that demand he cannot talk about for fear of being thrown in jail, perhaps the best example we now have for how the surveillance state undoes the First Amendment. But we know that Lavabit was used by Edward Snowden to communicate with the outside world when he was stuck in the Moscow airport. So use your imagination!

If the public knew what the government was doing, the government wouldn’t be allowed to do it anymore… is a perfect description of a “Fourth Estate situation.” That’s when we need a journalist to put hidden facts to light and bring public opinion into play, which then changes the equation for people in power operating behind the veil. If it doesn’t happen, an illegitimate state action will persist. “My hope is that, you know, the media can uncover what’s going on, without my assistance,” Levison said. He’s like a whistleblower who will go to jail if he actually uses his whistle. All he can do is give truncated interviews that stop short of describing the pressure he is under.

At least one thing is clear: Snowden’s determination “to embolden others to step forward,” which I wrote about in my last post, is starting to work. Ladar Levison is proof. [Continue reading…]