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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.

Tabla de contenidos provista por Syndetics

• Part 1 Intentions and Interpretations
• 1 War, Autocracy, and the Constitution(p. 3)
• 2 The Purpose of the Press Clause(p. 27)
• 3 Suspending the Press Clause(p. 45)
• Part 2 "Higher Law" in Practice
• 4 The Federalists and the French Revolution(p. 75)
• 5 The Rise of Presidential Prerogatives(p. 921)
• 6 The Bureaucratization of Wartime Censorship(p. 127)
• 7 The Long, Cold War(p. 169)
• Part 3 The Risks of Repression
• 8 The Mass Media: Scapegoats and Sycophants(p. 197)
• Conclusion(p. 221)
• Notes(p. 229)
• Index(p. 313)

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CHOICE Review

Smith (Univ. of Iowa), a recognized academic authority, presents an outstanding study of the struggle for press freedom from suppression by executive-military action and prerogative power. He discusses the political and constitutional foundation of freedom of the press, the growth of suppression through 13 wars and military actions as well as the Cold War, and how the military "use" the media during war. Smith places heavy emphasis on the folly and danger of suppression and notes that the most restrictive administrations were those of Abraham Lincoln, Woodrow Wilson, and Franklin D. Roosevelt. The concluding chapter elaborates on how and why executive-military power and free press need to work together to have the least amount of restricted press freedom during such emergencies. Written from a journalistic perspective, this detailed history offers an illuminating, insightful, readable, and critical evaluation of the struggle for press freedom during wartime. Smith shows impeccable scholarship in 83 pages of massive but sensible documentation. Highly recommended for high school, public, college, and university libraries. L. E. Noble Jr.; Clark Atlanta University

Notas de autor provistas por Syndetics

Jeffery A. Smith is a professor of journalism and mass communication at the University of Iowa.