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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.
Price: $34.95
Pages: 372
Publisher: University of California Press
Imprint: University of California Press
Publication Date:
02 October 1992
Trim Size: 9.50 X 6.25 in
ISBN: 9780520080386
Format: Paperback
"With revealing insights into such historical events as the genesis of the Bill of Rights and the development of the idea that truth is an acceptable defense against libel (it was not always) . . . [Powe] explores the four major legal issues that confront the press . . ."
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.