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Law of Mass Communications 11th Edition : Freedom and Control of Print and Broadcast Media

by: Teeter, Dwight L., Jr.; Loving, Bill

Law of Mass Communications 11th Edition : Freedom and Control of Print and Broadcast Media

by: Teeter, Dwight L., Jr.; Loving, Bill

ISBN 13:
9781587787140
ISBN 10:
1587787148
Edition: 11th
Format: Hardcover
Copyright: 01/31/2004
Publisher: West Academic

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Summary

The casebook examines the legal implications of changes in media systems and services. It traces both traces communications law issues to their sources and considers their future directions. Part of the University Casebook Seriesreg;, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Preface to the Eleventh Edition

PART I. PHILOSOPHICAL AND CONSTITUTIONAL FOUNDATIONS OF FREE EXPRESSION

Foundations for Freedom

(30)

The Worth of Freedom

(11)

The Constitutional Guarantees

(11)

``The Intent of the Framers''

(4)

The First Amendment: Historical Background and Today's Law

(80)

Seditious Libel: Ancient Enemy of Freedom

(17)

Prior Restraint

(28)

Prior Restraint: Licensing

(7)

Forcing Communication to Occur

(3)

Criminal Libel

(14)

Taxation

100

(7)

The Contempt Power and Criticizing Courts

107

(4)

Testing the Boundaries of Constitutional Protection: Fighting Words, Incitement/Outrage and Obscenity

111

(70)

Fighting Words and Incitement

111

(15)

Obscenity and American Law

126

(1)

The Common Law Origins

127

(3)

The Roth Landmark

130

(4)

Monitoring Compliance: The Federal Review Era

134

(8)

Creating a New Consensus: The Miller Standard

142

(20)

Balancing Conflicting Societal Interests

162

(14)

Obscenity Law and the Internet

176

(5)

PART II. DEFAMATION, PRIVACY AND NEWSGATHERING TORTS

Defamation: Libel and Slander

181

(81)

Defamation Defined

181

(7)

The Five Elements of Libel

188

(1)

Publication

188

(21)

Identification

209

(8)

Defamation

217

(20)

Actual Injury

237

(7)

Fault

244

(7)

Discovery

251

(11)

The Constitutional Defense Against Libel Suits

262

(100)

The Public Principle

262

(1)

Defense Against Public Officials' Suits

263

(7)

Actual Malice

270

(22)

Public Officials and Figures

292

(9)

Defining ``Public Figure''

301

(14)

Summary Judgment

315

(7)

Qualified Privilege As a Defense

322

(14)

Truth As a Defense

336

(6)

Opinion and Fair Comment As Defenses

342

(20)

The Law of Privacy and the Media

362

(49)

Development of Privacy Law

362

(9)

``False Light:'' Communications Invading Privacy

371

(18)

Appropriation of Plaintiff's Name or Likeness

389

(4)

Appropriation's Cousin: ``The Right of Publicity''

393

(4)

Private Facts

397

(13)

Intrusion: An Introduction

410

(1)

Newsgathering Torts and Related Areas of Law

411

(54)

Newsgathering Torts: An Overview

411

(1)

The Privacy Tort of Intrusion

412

(7)

Intrusion: Nonconsensual Entry, Refusal to Leave

419

(11)

Problems With Hidden Cameras and Recorders

430

(9)

Cellular Telephones and Privacy

439

(5)

Fraud Claims and Undercover Reporting

444

(8)

Emotional Distress and Incitement

452

(7)

Contract Claims and Tortious Interference

459

(6)

PART III. ACCESS TO GOVERNMENT INFORMATION

Reporting the Legislative and Executive Branches

465

(83)

The Problem of Secrecy in Government

465

(10)

Access and the Constitution

475

(6)

Records and Meetings of Federal Government

481

(35)

Access to ``Security'' Information, Covering Wars

516

(18)

Records and Meetings in the States

534

(14)

Legal Problems in Reporting Courts

548

(88)

Access to Judicial Proceedings

548

(13)

Free Press Versus Fair Trial

561

(5)

Pre-Trial Publicity

566

(9)

Publicity During Trial: Cameras in the Courtroom

575

(9)

Notorious Cases: The Shadow of Sheppard

584

(8)

External Guidelines and Self-Regulatory Efforts

592

(4)

Restrictive Orders and Reporting the Judicial Process

596

(14)

Access to Criminal Trials and Civil Matters

610

(26)

Shielding Information From Disclosure

636

(61)

The Government Contempt Power

636

(7)

Refusing to Testify About Sources and Information

643

(44)

Protecting Newsrooms From Search and Telephone Records From Disclosure

687

(10)

PART IV. MASS COMMUNICATIONS AND GOVERNMENT

The First Amendment and Electronic Media

697

(18)

From Radiotelegraphy to Broadcasting

697

(5)

Spectrum Space: From Crisis to Control

702

(4)

Rationalizing Government Regulation

706

(5)

Spectrum Scarcity and Expanding New Media Channels

711

(4)

Obligations on Broadcasting and Cable

715

(63)

Licensing Broadcasters

715

(11)

Controlling Cable

726

(12)

Content Control

738

(17)

Political Access Rules

755

(9)

Fairness Doctrine Obligations

764

(6)

The End of the Personal Attack and Political Editorial Rules

770

(4)

Public Broadcasting

774

(4)

New Media and Regulation

778

(21)

Mass Media and the Common Carrier Connection

778

(3)

The Telephone Network Competitor

781

(7)

Communication Law and the Challenge of Change

788

(11)

Regulation of Advertising

799

(71)

From Caveat Emptor to Consumer Protection

799

(2)

Federal Administrative Controls: The Federal Trade Commission

801

(9)

Deceptiveness: The FTC's Definition

810

(4)

Corrective Advertising Orders of the FTC

814

(13)

Other Federal Administrative Controls

827

(4)

The Printers' Ink Statute

831

(1)

Lotteries

832

(4)

Self-Regulation

836

(2)

The Right to Refuse Service

838

(6)

Broadcast Advertising

844

(3)

Advertising and the Constitution

847

(23)

870

(141)

The Rationale of Copyright Law

870

(6)

Securing a Copyright

876

(29)

Originality and Creativity

905

(5)

Infringement and Remedies

910

(21)

931

(10)

The Defense of Fair Use

941

(21)

Broadcast Music Licensing Rights

962

(7)

APPENDICES

A. Abbreviations

969

(3)

B. Selected Court and Pleading Terms

972

(6)

C. Some Notes on the Legal Process

978

(8)

D. Bibliography

986

(8)

E. Codes of Ethics and Principles of the SPJ, ASNE, PRSSA, and RTNDA

994

(17)

Table of Cases

1011

(26)

Index

1037

Amazon no longer offers textbook rentals. We do!

Law of Mass Communications 11th Edition : Freedom and Control of Print and Broadcast Media

Law of Mass Communications 11th Edition : Freedom and Control of Print and Broadcast Media

9781587787140

1587787148

Summary

Table of Contents

Supplemental Materials

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