Cybersecurity law expert Joel Brenner says (hat tip to Andrew Sullivan) Eric Snowden is a wimp because he didn’t stay to face the legal consequences of his whistleblowing. In fact, it’s not civil disobedience at all unless you stay and drink the hemlock.
From Socrates through Thoreau, Gandhi, and King, the great theorists and practitioners of this form of resistance to law have told us in words and actions that civil disobedience requires the disobedient citizen to suffer the legal consequences of his or her unlawful act. In Socrates’s case, the consequence was death at the hands of the Athenian authorities. For Thoreau, Ghandi, and King, the consequence was jail. Through their suffering and example, they sought to undermine the moral position of law they found objectionable. Because unless the disobedient citizen takes the legal consequences of his unlawful action – he’s nothing but a criminal or a rebel.
Now, I love Thoreau, and he invented the term “civil disobedience”, but he spent one night in his hometown jail and then let a friend pay his fine. As with his roughing-it-in-the-cabin-but-don’t-miss-Sunday-dinner-with-the-folks stay at Walden, Thoreau knew better than anyone how to leverage a minimum of physical discomfort into a maximum of moral example. It’s hard to compare him to Snowden, who would have to at least take seriously the possibility that falling into the hands of US authorities would result in him being tortured and/or incarcerated permanently without trial.
But this is also completely wrong as regards Socrates, for a different reason: He precisely refused to flee so as not to undermine the moral position of the law. To put it simply, Socrates (as reported in the Crito) imagines the Law addressing him as follows: Continue reading “The Socratic whistleblower”

