National Security in the Courts : the Need for Secrecy vs. the Requirement of Transparency.

Acknowledgements; CHAPTER 1: Introduction; Liberal Democratic Theory and the First Amendment; Government Secrecy and National Security; Judicial Decision Making; CHAPTER 2: Prior Restraints; Prior Restraints, National Security and the Press; Prior Restraints, National Security and GovernmentEmployees; Prior Restraints, National Security and theUSA PATRIOT Act; Prior Restraints and the Judiciary; CHAPTER 3: Post-publication Punishments; Post-publication Punishments and National Security; Post-publication Punishments and the Judiciary; CHAPTER 4: Access.

Access to National Security InformationAccess to National Security Locations; Access to Judicial Proceedings and Documents; CHAPTER 5: Conclusion; National Security and Transparency Frames; National Security and Transparency Factors; Comparing National Security to Judiciary Cases; Conclusion; References; Case Index; Subject Index.

Silver explores how judges identified the main legal issues in federal cases dealing with national security through the mode of legal analysis they used to reach or justify their conclusions. He explains how national security/transparency cases are as much about separation of powers issues as they are about balancing transparency with national security. In addition, although legal precedent remains important, judges have other, less traditional tools at their disposal. Finally, Silver concludes that the ability to selectively choose which legal issue to focus on and rely on some modes of legal.

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Includes bibliographical references and indexes.

English.

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