The Nations First Shield Law

 For over two hundred years in the United States of America, the struggles of journalists have brought several ethical issues to the governments feet. In attempts to stun their struggles, state by state legislature made shield laws(specifically in Maryland) were brought to the discussion. The development of this shield law is worth note in understanding how it effects first amendment laws.

The way in which ordinary American citizens interpret and react to law outside of the courts while forcing an amendment in the judicial system, is defined as Popular Constitutionalism. The concept that legislators affect the interpretation of the Constitution comes for a Jeffersonian idea known as departmentalism, simply put meaning that all branches of the government must uphold fidelity of the Constitution. The combination of citizen and law plays a big role in comprehending the judicial system of the nation.

A recurring theme between the courts and legislatures has been their exchanges. Legislative selection from judge made ideas of constitutional law aids in shrinking the risk of falsehoods on constitutional premises. In other words, it prevents legislative action from doing anything that would by law, deemed unconstitutional.

Legal scholar Robert Post has an interesting take on the difference between constitutional law and constitutional structure, referring to the gap between the two as legislature made law and court made law. As previously mentioned, a massive factor in the courts decisions are those who hold no official political positions. This is because constitutional law could not exist without considering the core values of the citizens it exists for.

In modern America, the way the constitution is interpreted is at the peak of legal scholarship. Statutory law scholar Peter Shane explains that the reason behind this "a one way understanding", in that non judicial actors invent the interpretation of our Constitution, then relate it bigger threat affecting the U.S constitutional theorist, who for the most part work for legal amendments. The label "constitutional culture" to define how citizens partake in the developments and legal terms surrounding it.

Proceeding onto the framework of non judicial precedents, it is time to investigate the wide range of social actors that play a role. Activists, journalist, and industry leaders to name a few, control a certain area of constitutional matters, that is unless they are managed by the courts. In which case they plug holes in improving the doctrine, as defined by Micheal Gerdharts model.

One method that non judicial actors often use to have their voices heard in the courts and political offices is the initiation of a constitutional concept dialogue. These dialogues are intended to make a point, and a appeal to constituents, which is an incentive for state legislators to follow suit. They send a notice to the courts about how the public will or see's an issue.

To conclude, the events leading up to the creation of the Maryland shield law would not had been possible without the influence of suitors outside of the courts. For journalist specifically, laws previously set in place did not consider the nature of their industry, thus a push for amendments and developments to the law were made not just by those in the press but those effected by it as well.