War & Press Freedom: The Problem of Prerogative PowerOxford University Press, 1999 - 324 من الصفحات War and Press Freedom: The Problem of Prerogative Power is a groundbreaking and provocative study of one of the most perplexing civil liberties issues in American history: What authority does or should the government have to control press coverage and commentary in wartime? First Amendment scholar Jeffery A. Smith shows convincingly that no such extraordinary power exists under the Constitution, and that officials have had to rely on claiming the existence of an autocratic "higher law" of survival. Smith carefully surveys the development of statutory restrictions and military regulations for the news media from the ratification of the Bill of Rights in 1791 through the Gulf War of 1991. He concludes that the armed forces can justify refusal to divulge a narrow range of defense secrets, but that imposing other restrictions is unwise, unnecessary, and unconstitutional. In any event, as electronic communication becomes almost impossible to constrain, soldiers and journalists must learn how to respect each other's obligations in a democratic system. |
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الصفحة 17
... executive department than any other ; because it is not the stronger branch of the system , but the weaker . " ' 85 Yet the prohibitions of the First Amendment can be applied to the courts and the president as well.86 James Madison said ...
... executive department than any other ; because it is not the stronger branch of the system , but the weaker . " ' 85 Yet the prohibitions of the First Amendment can be applied to the courts and the president as well.86 James Madison said ...
الصفحة 19
... executive , must pre - suppose the existence of the laws to be executed . " 93 Not even Hamilton , a champion of the vigorous executive , would have allowed the use of unspecified powers or the usurping of the role of Congress in ...
... executive , must pre - suppose the existence of the laws to be executed . " 93 Not even Hamilton , a champion of the vigorous executive , would have allowed the use of unspecified powers or the usurping of the role of Congress in ...
الصفحة 175
... executives made modifications in the handling of secrets , but Truman solidified the practice of presidents assuming prerogative power over classification.39 His executive order did not alter the right to publish information , but did ...
... executives made modifications in the handling of secrets , but Truman solidified the practice of presidents assuming prerogative power over classification.39 His executive order did not alter the right to publish information , but did ...
المحتوى
War Autocracy and the Constitution | 3 |
The Purpose of the Press Clause | 27 |
The Federalists and the French Revolution | 75 |
حقوق النشر | |
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طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
Abraham Lincoln actions Adams administration Alexander Hamilton Amendment American April Army attack authority Bill of Rights bomb Byron Price censor civil liberties civilian Cold War Cong Congress Constitution correspondent coverage criticism December defense democratic dissent editor Eisenhower enemy Espionage executive February federal Federalist film forces Franklin Free Speech George Grenada Gulf Hamilton History House issue James Madison January John John Adams Journalism journalists June Justice Kennedy Law Review legislation Lincoln MacArthur March military national edition national security newspaper Newsweek Nixon November nuclear October Office of Censorship opinion Oxford University Press Pentagon Philadelphia political president presidential press clause press freedom prior restraint propaganda protect published reporters Republican Richard Richard Nixon Robert Roosevelt safety secrecy secret Secretary Sedition Act sess soldiers stories suppression Supreme Court Thomas Jefferson told troops Truman United Vietnam wartime Washington weapons William Woodrow Wilson World World War II wrote York