A theory of shield laws : journalists, their sources, and popular constitutionalism / Dean C. Smith.

Format:

Book

Author/Creator:

Smith, Dean C., 1964-

Series:

Law and society (New York, N.Y.)

Law & society : recent scholarship

Language:

English

Subjects (All):

Confidential communications--Press--United States.

Confidential communications.

Journalists--Legal status, laws, etc--United States.

Journalists.

Freedom of the press--United States.

Freedom of the press.

Physical Description:

1 online resource (305 p.)

Edition:

1st ed.

Place of Publication:

El Paso : LFB Scholarly Publishing LLC, 2013.

Language Note:

English

Summary:

In this history of debate over journalists' confidential sources, starting in 1894, Smith employs contemporary theories of constitutional interpretation to weave a surprising narrative melding legislature-made statutory law and court-made constitutional law. Working under the banner of ""popular constitutionalism,"" Smith tests Michael Gerhardt's theory of non-judicial precedents to illuminate the role journalists and press advocates played in shaping the path of constitutional law and giving voice to deeply felt First Amendment values. Along the way, the author corrects the historical record

Contents:

Innovation in the 1890s : the real story behind the nation's first shield law

Raising the stakes in 1929 : the quest for a federal shield law begins

Pressing the First Amendment in 1968 : Annette Buchanan and the road to Branzburg v. Hayes

Dialogue from 1972 to 1982 : talking back to Branzburg in congress, the states, and courts

Consensus in the 1990s and beyond : legislative stare decisis and the rise of super-statutes

Where we are today : conclusions and recommendations.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9781593327200

159332720X

OCLC:

839389203