Items related to War and Press Freedom: The Problem of Prerogative Power
In the two centuries from the ratification of the First Amendment in 1791 through the Gulf War in 1991, the American press lacked an adequate right to analyze and report on the nation's armed conflicts. When restrictions were challenged as violations of the Constitution, military regulations and federal laws were justified as necessary under the "higher law" of survival. Is there law more important than the Constitution which allows prerogative powers to be used in a time of war or national crisis? This groundbreaking and provocative study, examining law and history over these two hundred years, argues that press freedom cannot and should not be suspended during armed conflict. The military and the media must work together because neither has authority over the other.
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For researchers interested in this subject, this book will be a necessity for a long time. If they are knowledgeable on the subject ... they unquestionably will find new arguments and new nuances regarding the fight for dominance of which they have been unaware. ... offers value for everyone. (The Journal of American History, Sept. 2000)
He uses carefully chosen examples to make his points and is adroit with quotations. (The Journal of American History, Sept. 2000)
the most exhaustive study to date of the wartime clash between openness and secrecy, which includes military censorship. (The Journal of American History, Sept. 2000)
Synopsis:
He uses carefully chosen examples to make his points and is adroit with quotations. (The Journal of American History, Sept. 2000)
the most exhaustive study to date of the wartime clash between openness and secrecy, which includes military censorship. (The Journal of American History, Sept. 2000)
Over the course of the two centuries between the ratification of the First Amendment in 1791 and the Gulf War in 1991, the American press lacked an adequate right to analyse and report on this nation's armed conflicts. When restrictions were challenged as violations of the Constitution, military regulations and federal laws were justified as necessary under the "higher law" of survival. Is there some law more important than the Constitution which allows prerogative powers to be used in a time of war or national crisis? This groundbreaking and provocative study, examining law and history over these two hundred years, argues that press freedom cannot and should not be suspended during armed conflict. Author Smith maintains that the military and the media must work together on such matters, for neither has authority over the other.
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- PublisherOxford University Press
- Publication date1999
- ISBN 10 019509946X
- ISBN 13 9780195099461
- BindingPaperback
- Number of pages338
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War and Press Freedom The Problem of Prerogative Power
Published by
Oxford University Press
(1999)
ISBN 10: 019509946X
ISBN 13: 9780195099461
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Book Description Paperback. Condition: New. First Edition. This specific softcover book is in new condition with a cover that has sharp edges and corners and has a tight binding. The pages are clean, crisp, unmarked and uncreased. We package all books in custom cardboard book boxes for shipment and ship daily with tracking numbers.; "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."; 9.0 X 5.8 X 0.9 inches; 336 pages. Seller Inventory # 15945
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