A theory of shield laws
Subtitle: journalists, their sources, and popular constitutionalism
By: Dean C. Smith
Series: Law and society : recent scholarship
Publisher: LFB Scholarly Publishing LLC
Published: 2013
Place of publication: El Paso
Language: eng
Number of pages: 297
ISBN-13: 9781593326159
Subjects: Confidential communications; Press; Journalists; Legal status, laws; Freedom of the press
Description: "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 in important way, including recasting events that led to the nation's first shield law in 1896"--Unedited summary from book cover.
Notes: Includes bibliographical references (pages 281-293) and index.
Table of contents: title: Innovation in the 1890s : the real story behind the nation's first shield law; title: Raising the stakes in 1929 : the quest for a federal shield law begins; title: Pressing the First Amendment in 1968 : Annette Buchanan and the road to Branzburg v. Hayes; title: Dialogue from 1972 to 1982 : talking back to Branzburg in congress, the states, and courts; title: Consensus in the 1990s and beyond : legislative stare decisis and the rise of super-statutes; title: Where we are today : conclusions and recommendations.