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 ways, including recasting events that led to the nation¿s first shield law in 1896.
With relentless media coverage, breathtaking events, and extraordinary congressional and independent investigations, it is hard to believe that we might not know some of the most significant facts about the presidency of George W. Bush. Yet beneath the surface events of the Bush presidency lies a secret history -- a series of hidden events that makes a mockery of many of the stories on the surface. This hidden history involves domestic spying, abuses of power, and outrageous operations. It includes a CIA that became caught in a political crossfire it could not withstand, even against the wishes of the commander-in-chief. It features a president who created a sphere of deniability, in which his top aides were briefed on matters of the utmost sensitivity -- but the president was carefully kept in ignorance. STATE OF WAR reveals this hidden history for the first time, including scandals that will redefine the Bush presidency.
Covering the latest legal updates and rulings, the second edition of Digital Media Law presents a comprehensive introduction to all the critical issues surrounding media law. Provides a solid foundation in media law Illustrates how digitization and globalization are constantly shifting the legal landscape Utilizes current and relevant examples to illustrate key concepts Revised section on legal research covers how and where to find the law Updated with new rulings relating to corporate political speech, student speech, indecency and Net neutrality, restrictions on libel tourism, cases filed against U.S. information providers, WikiLeaks and shield laws, file sharing, privacy issues, sexting, cyber-stalking, and many others
When he resigned last June, Justice Stevens was the third longest serving Justice in American history (1975-2010) -- only Justice William O. Douglas, whom Stevens succeeded, and Stephen Field have served on the Court for a longer time. In Five Chiefs, Justice Stevens captures the inner workings of the Supreme Court via his personal experiences with the five Chief Justices -- Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts -- that he interacted with. He reminisces of being a law clerk during Vinson's tenure; a practicing lawyer for Warren; a circuit judge and junior justice for Burger; a contemporary colleague of Rehnquist; and a colleague of current Chief Justice John Roberts. Along the way, he will discuss his views of some the most significant cases that have been decided by the Court from Vinson, who became Chief Justice in 1946 when Truman was President, to Roberts, who became Chief Justice in 2005. Packed with interesting anecdotes and stories about the Court, Five Chiefs is an unprecedented and historically significant look at the highest court in the United States.
Fighting for balance / Avril Haines -- Crafting a new compact in the public interest : protecting the national security in an era of leaks / Keith B. Alexander and Jamil N. Jaffer -- Leaks of classified information : lessons learned from a lifetime on the inside/ Michael Morell -- Reform and renewal : lessons from Snowden and the 215 program / Lisa O. Monaco -- Government needs to get its own house in order / Richard A. Clarke -- Behind the scenes with the Snowden files : "how the Washington Post and national security officials dealt with conflicts over government secrecy" / Ellen Nakashima -- Let's be practical : a narrow post-publication leak law would better protect the press / Stephen J. Adler and Bruce D. Brown -- What we owe whistleblowers / Jameel Jaffer -- The long, (futile?) Fight for a federal shield law / Judith Miller -- Covering the cyberwars : the press vs the government in a new age of global conflict / David Sanger -- Outlawing leaks / David A. Strauss -- The growth of press freedoms in the United States since 9/11 / Jack Goldsmith -- Edward Snowden, Donald Trump, and the paradox of national security whistleblowing / Allison Stanger -- Information is power : exploring a constitutional right of access / Mary-Rose Papandrea -- Who said what to whom / Cass R. Sunstein -- Leaks in the age of Trump / Louis Michael Seidman the report of the commission, Lee C. Bollinger, Eric Holder, John O. Brennan, Ann Marie Lipinski, Kathleen Carroll, Geoffrey R. Stone, Stephen W. Coll -- Closing statement / Lee C. Bollinger and Geoffrey R. Stone.
As the internet continues to reshape almost all corners of our world, no institution has been more profoundly altered than the practice of journalism and distribution of information. In this provocative new book, Scott Gant, a distinguished Washington attorney and constitutional law scholar, argues that we as a society need to rethink our notions of what journalism is, who is a journalist and exactly what the founding fathers intended when they referred to "the freedom of the press." Are bloggers journalists, even if they receive no income? Even if they are unedited and sometimes irresponsible? Many traditional news organizations would say no. But Gant contends otherwise and suggests we think of these sometimes unruly online purveyors of information and opinion as heirs to those early pamphleteers who helped shape our fledgling democracy. He gives us a persuasive and engaging argument for affording bloggers and everyone else who disseminates information and opinion in the U.S. the same rights and privileges that traditional journalists enjoy. The rise of the Internet and blogosphere has blurred the once distinct role of the media in our society. It wasn't long ago that the line between journalists and the rest of us seemed relatively clear: Those who worked for news organizations were journalists and everyone else was not. Those days are gone. On the Internet, the line has totally disappeared. It's harder than ever to answer the question, "Who is a journalist?" Yet it is a question asked routinely in American courtrooms and legislatures because there are many circumstances where those deemed "journalists" are afforded rights and privileges not available to the rest of us. The question will become increasingly important as the transformation of journalism continues, and bloggers and other "citizen journalists" battle for equal standing with professional journalists. Advancing arguments that are sure to stir controversy, Scott Gant leads the debate with a serious yet accessible discussion about whether, where, and how the government can decide who is a journalist. Challenging the mainstream media, Gant puts forth specific arguments about how to change existing laws and makes elegant suggestions for new laws that will properly account for the undeniable reality that We're All Journalists Now. For all of us who care about the ways in which the digital revolution is sweeping through our culture, this is a work of opinion that will be seen as required reading.
