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

By:

Smith, Dean C, 1964-

Material type: Text

TextSeries: Law & society : recent scholarshipPublisher: El Paso : LFB Scholarly Publishing LLC, 2013Description: 1 online resourceContent type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

159332720X
9781593327200

Subject(s):

Genre/Form:

Additional physical formats: Print version:: No titleDDC classification:

342.7308/53 23

LOC classification:

KF8959.P7 S65 2013

Online resources:

Click here to access online

Contents:

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.

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.

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Electronic-Books	OPJGU Sonepat- Campus	E-Books EBSCO			Available

Includes bibliographical references and index.

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.

Print version record.

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