A theory of shield laws : journalists, their sources, and popular constitutionalism /
Smith, Dean C., 1964-
A theory of shield laws : journalists, their sources, and popular constitutionalism / Dean C. Smith. - 1 online resource - Law & society : recent scholarship .
Includes bibliographical references and index.
Introduction : journalists, shield laws, and popular constitutionalism -- 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.
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.
159332720X (electronic bk.) 9781593327200 (electronic bk.) (hardcover ; alk. paper) (hardcover ; alk. paper)
Confidential communications--Press--United States.
Journalists--Legal status, laws, etc.--United States.
Freedom of the press--United States.
Liberté de la presse--États-Unis.
LAW--Constitutional.
LAW--Public.
Confidential communications--Press.
Freedom of the press.
Journalists--Legal status, laws, etc.
United States.
Electronic books.
Electronic books.
KF8959.P7 / S65 2013
342.7308/53
A theory of shield laws : journalists, their sources, and popular constitutionalism / Dean C. Smith. - 1 online resource - Law & society : recent scholarship .
Includes bibliographical references and index.
Introduction : journalists, shield laws, and popular constitutionalism -- 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.
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.
159332720X (electronic bk.) 9781593327200 (electronic bk.) (hardcover ; alk. paper) (hardcover ; alk. paper)
Confidential communications--Press--United States.
Journalists--Legal status, laws, etc.--United States.
Freedom of the press--United States.
Liberté de la presse--États-Unis.
LAW--Constitutional.
LAW--Public.
Confidential communications--Press.
Freedom of the press.
Journalists--Legal status, laws, etc.
United States.
Electronic books.
Electronic books.
KF8959.P7 / S65 2013
342.7308/53