War and Press Freedom: The Problem of Prerogative PowerOxford University Press, 25/02/1999 - 336 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 19
... restrictions on journalists and other civilians , any objections from Congress and the courts have tended to be too little or too late.100 In 1940 the twentieth century's foremost scholar on the executive branch and the Constitution ...
... restrictions on journalists and other civilians , any objections from Congress and the courts have tended to be too little or too late.100 In 1940 the twentieth century's foremost scholar on the executive branch and the Constitution ...
الصفحة 20
... restrictions on anyone's right to be in those locations . Although they were not mentioned by name , the order was aimed primarily at West Coast residents of Japanese ancestry . Relying only on an assertion of the general powers of the ...
... restrictions on anyone's right to be in those locations . Although they were not mentioned by name , the order was aimed primarily at West Coast residents of Japanese ancestry . Relying only on an assertion of the general powers of the ...
الصفحة 21
... restricted areas . The military imposed a curfew on people of Japanese ancestry in West Coast states and eventually wasted resources that could have gone into the war effort by interning 112,000 of them , 70,000 of whom were United ...
... restricted areas . The military imposed a curfew on people of Japanese ancestry in West Coast states and eventually wasted resources that could have gone into the war effort by interning 112,000 of them , 70,000 of whom were United ...
الصفحة 22
... restriction that was later lifted by a lenient director . camp Apparently reading the Constitution by the flickering ... restricted the citizen's liberty , " the opinion said . " Like every military control of the population of a ...
... restriction that was later lifted by a lenient director . camp Apparently reading the Constitution by the flickering ... restricted the citizen's liberty , " the opinion said . " Like every military control of the population of a ...
الصفحة 23
... restrictions on anyone — which may or may not be logical in particular circumstances — with a curfew for people of a certain demographic description on the mere suspicion that their ancestry could incline them to have political opinions ...
... restrictions on anyone — which may or may not be logical in particular circumstances — with a curfew for people of a certain demographic description on the mere suspicion that their ancestry could incline them to have political opinions ...
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عبارات ومصطلحات مألوفة
Abraham Lincoln actions administration Alexander Hamilton Amendment American April Army attack authority Biddle Bill of Rights bomb Byron Price censor civil liberties civilian Cold War Cong Congress Constitution correspondent coverage criticism David 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 Adams journalists June Justice Kennedy later Law Review legislation Lincoln MacArthur March military national edition national security newspaper Newsweek Nixon November nuclear October Office of Censorship Oxford University Press Pentagon Philadelphia political president presidential press clause press freedom prior restraint propaganda protect published reporters Republican restrictions 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
مقاطع مشهورة
الصفحة 57 - When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no court could regard them as protected by any constitutional right.
الصفحة 121 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men at all times and under all circumstances.
الصفحة 144 - It forces us to ask, Is there in all republics this inherent and fatal weakness? Must a government of necessity be too strong for the liberties of its own people, or too weak to maintain its own existence?
الصفحة 57 - 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.
الصفحة 111 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
الصفحة 46 - The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.
الصفحة 89 - If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it.
الصفحة 18 - The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States.
الصفحة 44 - ... there are particular moments in public affairs, when the people stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn.
الصفحة 79 - Against us are the EXECUTIVE, the judiciary, two out of three branches of the legislature, all the officers of the government, all who want to be officers, all timid men who prefer the calm of despotism to the boisterous sea of liberty...