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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

Cover -- Title Page -- Copyright Page -- Contents -- Preface -- 1. Very Modest Beginnings -- 2. The Court in a Two-Party Republic -- 3. The States and the Republic -- 4. The Sectional Crisis and the Jacksonian Court -- 5. Civil War and Reconstruction -- 6. Industrialization America -- 7. Progressivism, Normalcy, and Depression -- 8. After the New Deal Constitutional Revolution -- 9. Reforming America -- 10. An Uneasy Status Quo -- 11. An Imperial Court -- 12. The Kennedy Court -- 13. The Republican Dream Court -- Chronology -- Notes -- Bibliographic Essay -- Index of Cases -- General Index -- Back Cover.

Very modest beginnings -- The court in a two-party Republic -- The states and the Republic -- The sectional crisis and the Jacksonian Court -- Civil War and Reconstruction -- Industrializing America -- Progressivism, normalcy, and Depression -- After the new deal constitutional revolution -- Reforming America -- An uneasy status quo -- An imperial court -- The Kennedy Court -- The Republican dream court.

Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. Leading legal scholar and Supreme Court historian Lucas A. Powe, Jr., charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberties, this wide-ranging and eminently readable book provides a window into the relationship between constitutional litigation and ordinary politics at the Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas