The Fourth Estate and the Constitution: Freedom of the Press in America

Cover
University of California Press, 02.10.1992 - 372 Seiten
In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy: 
  • How can a balance be achieved among reputation, uninhibited discussion, and media power?
  • Under what circumstance can the government seek to protect national security by enjoining the press rather than attempting the difficult task of convincing a jury that publication was a criminal offense?
  • What rights can the press properly claim to protect confidential sources or to demand access to information otherwise barred to the public?
  • And, as the media grow larger and larger, can the government attempt to limit their power by limiting their size?
Writing for the concerned layperson and student of both journalism and jurisprudence, Powe synthesizes law, history, and theory to explain and justify full protection of the editorial choices of the press. The Fourth Estate and the Constitution not only captures the sweep of history of Supreme Court decisions on the press, but also provides a timely restatement of the traditional view of freedom of the press at a time when liberty is increasingly called into question.

Im Buch

Was andere dazu sagen - Rezension schreiben

The fourth estate and the Constitution: freedom of the press in America

Nutzerbericht  - Not Available - Book Verdict

Similar in style and intent to Powe's American Broadcasting and the First Amendment ( LJ 7/87), this first-rate study explores the constitutional dynamics of American press freedom. Initial chapters ... Vollständige Rezension lesen

Ausgewählte Seiten

Inhalt

The Framers and the First
22
Freedom of the Press in Times of Crisis
51
Freedom of the Press from Times to Times
79
Issues
107
Overview
109
Libel
110
Prior Restraints
140
Access to Sources and Information
170
Models
231
Overview
233
The Right to Know
235
The Fourth Estate
260
Conclusion
289
Notes
299
Index
345
Urheberrecht

Antitrust
200

Andere Ausgaben - Alle anzeigen

Häufige Begriffe und Wortgruppen

Beliebte Passagen

Seite 235 - ... the ultimate good desired is better reached by free trade in ideas, — that the best test of truth is the power of the thought to get itself accepted in the competition of the market ; and that truth is the only ground upon which their wishes safely can be carried out.
Seite 168 - A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy, or, perhaps, both. Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.
Seite 69 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Seite 209 - Amendment rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public, that a free press is a condition of a free society. Surely a command that the Government itself shall not impede the free flow of ideas does not afford nongovernmental combinations a refuge if they impose restraints upon that constitutionally guaranteed freedom. Freedom to publish means freedom for all and not for some. Freedom to...
Seite 103 - The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic,...
Seite 4 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter, when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public ; to forbid this is to destroy the freedom of the press ; but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
Seite 42 - That the people have a right to freedom of speech, and of writing and publishing their Sentiments ; that the freedom of the press is one of the greatest bulwarks of liberty and ought not to be violated.
Seite 88 - Thus we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
Seite 255 - It is not disputed that the Times has had unauthorized possession of the documents for three to four months, during which it has had its expert analysts studying them, presumably digesting them and preparing the material for publication. During all of this time, the Times, presumably in its capacity as trustee of the public's "right to know," has held up publication for purposes it considered proper and thus public knowledge was delayed.

Über den Autor (1992)

Lucas A. Powe, Jr. is Anne Green Regents Chair in the School of Law and Professor of Government at the University of Texas. He is the author of five previous books, including The Warren Court and American Politics.

Bibliografische Informationen