9780205504169

Debuting in its first edition, Communication Lawis an engaging and accessible text that brings a fresh approach to the fundamentals of mass media law. Unique in its approach and its visually attractive design, this text differentiates itself from other current texts on the market while presenting students with key principles and landmark cases that establish and define communication law and regulation, providing a hands-on learning experience.

PREFACE

CHAPTER ONE: SOURCES OF LAW & SYSTEMS OF JUSTICE

Learning Objectives

Flag burning and the First Amendment

Sources of Law

Up Close: “Party Politics in Early America”

Statutory Acts

Hierarchy of Law

The Common Law

Actions in Equity

Executive Orders

Up Close: “Ordering Freedom of Access”

Administrative Agencies

Systems of Justice

Criminal Procedures

Pre-trial Phase.

Trial Phase.

Post-trial phase

Civil Procedures.

Pre-trial phase

Trial Phase

Post-trial Phase

Up Close: Elements in a Criminal Cases and Civil Actions

Court System

The Appeals Process

Supreme Courts

Granting Certiorari

Oral Arguments and Opinions

Scholarship in Law

Research procedures

Case Law Sources

Briefing the Case

Citation.

Facts

Issue

Decision

Explanation

Rule of Law

Concurrences & Dissents

Summary

Unsolved Case: Divided Circuits?

CHAPTER TWO: FIRST AMENDMENT IN PRINCIPLE AND PRACTICE

Learning Objectives

Drawing the Line

Up Close: Free Expression versus Fear

The Value of Free Expression

Discovery of Truth

Up Close: John Milton’s Areopagitica

Democracy

Stability of Society

Self-Fulfillment

So then, Which Value is the Important One?

The First Amendment Restricts Government Action

Words ≠ Speech

Speaker Rights versus Listener Rights

Up Close: Measuring the Climate for Free Expression

Reviewing the First Amendment

Who is Congress

The Meaning of No Law

Abridging Freedom

Compelling Speech

Speech and Press

Right of Assembly

Right of Petition

Summary

Unsolved Case: 21^st Century Terrorism

CHAPTER THREE: FORUMS OF FREEDOM

Learning Objectives

The Umbrella of Free Expression

The Origin of Forums

Student Expression Lessons

History Matters

Speaker’s Impact Matters

Symbolic Speech

Disruption Test

Speaker’s Medium Matters

Who controls the channel?

Who owns the content?

Compatible Use of the Form?

Workplace Rules an Expression

Shopping Malls

Freedom of Expression for Employees

Disruptions to the Workplace

Levels of Scrutiny

Intermediate Scrutiny

The Open Forum Test

Up-Close: “Free Speech Zones”

Protesting on Principle

Viewpoint Discrimination

Pro-Life Protests

Up-Close “Nuremberg Files”

Inflicting Harms

Dangerous Speech

Up-Close: “The Heckler’s Veto”

Revisiting the “Fighting Words” Doctrine

Modern Hate-Crime Controls

Flames of Racism

Summary

Unsolved Case: Student Web sites — How far can they go?

CHAPTER FOUR: CENSORSHIP AND SEDITION

Learning Objectives

Crackdown on Dissent

Seeds of Sedition

The American Experience

Up Close: “A Great Noise in the World”

Alien & Sedition Acts

Sedition During Times of War

The Espionage & Sedition Cases

The Schenck Case

Abrams v. United States

Up Close: The American Civil Liberties Union

Bad Tendency or Clear & Present Danger?

Gitlow v. New York

Up Close: Doctrine of Incorporation

Whitney v. California

The Smith Act

Dennis v. United States

Yates v. United States

Brandenburg v. Ohio

Theories of Prior Restraint

Twentieth Century Landmarks

Up Close: “Anti-Semitism in Print”

A Taxing Question

Prior Restraint by Injunction

Pentagon Papers Case

Banning the Bomb

Free Speech for Spies?

Panic-peddling Flyers

Up Close: Judicial Temperament

Restraint in the Age of Terrorism

Hezbollah Television

Coffin Coverage

Arguments for Free Expression

Summary

Unsolved Case: Treason

CHAPTER FIVE: LIBEL

Learning Objectives

Defining Libel

Civil Versus Criminal Libel

Making a Case for Libel

1. Identification

2. Defamatory Language

Up Close: Celebrity Justice

3. Falsity

4. Publication

Up Close: Blogging Perils

5. Fault

Categorizing Plaintiffs

Other Defenses

Privilege

Fair Comment

Up Close: Vaudeville Fair Comment

Neutral Reportage

Retractions

Damages

The Process of Libel

Summary

Unsolved Case: Forum Shopping

CHAPTER SIX: THE RIGHT TO PRIVACY

Learning Objectives

Cell Phone Privacy or Piracy?

Defining the Right to Privacy

Constitutional Privacy

State Laws Vary

Original Scholarship on Privacy

Privacy Defined

Intrusion

Visual Intrusions

Up Close: Video Voyeurism

Public v. Private Property

Privacy and the Paparazzi

Data Snooping

Up Close: One Nation Under Surveillance

Digital Privacy

Is Surreptitious Recording an Intrusion?

Up Close: Food Lion Case

Commercial Appropriation

Right to Publicity

Up Close: Is that You in the Video Game?

Celebrity Publicity Rights

Celebrity Impersonators

Privacy After Death? .

Public Disclosure of Private Facts

Defenses to Private Fact Claims

The Florida Star Case

Sex and Violence Cases.

Up Close Box: HIPAA Rules

False Light Invasion of Privacy

Journalistic Embellishments

Actual Malice Test

Summary

Unsolved Case: The Hurt Locker

CHAPTER SEVEN: OBSCENITY AND INDECENCY

Learning Objectives

Unresolved Questions of Content and Context

Colonial Controls

Comstockery

Early 20^th Century Changes

Literary Test Case

Roth-Memoirs Test

Sexual Orientation and Perversion

Pandering Erotic Works

Variable Obscenity

Miller v. California

Privacy and Pornography

Community Standards

Jenkins v. Georgia

Social Values

Child Pornography

Congressional Acts

Child Pornography Prevention Act

Communications Decency Act

Child Online Protection Act

Children’s Internet Protection Act

PROTECT Act

Cinema Censorship

The Miracle Case

Times Film Corp. Case

Freedman Rules

Ratings System

Legion of Decency

Production Code’s Demise

Up Close: “What the Ratings Mean”

Feminist Mystique

Nude Dancing

Up Close: The Show Me Less State

Broadcast and Cable Indecency

Cable Television

Fleeting Exposures and Expletives

Fox v. FCC

Nipplegate

Broadcast Indecency Act

Dial-a-Porn Law

Indecent Violence

Video Game Ratings

Summary

Unsolved Case: “Sexting” Crimes

CHAPTER EIGHT: MEDIA AND COURTS

Learning Objectives

The Trial of the Century…At the Time

Up Close: The Supreme Court’s Sheppard Decision

Pretrial Publicity

Protecting Fair Trial Rights

Change of Venue

Continuance

Sequestration

Voir Dire

Judicial Admonition

Control of Courtroom

Contempt of Court

Gag Orders

Compelling Reporters to Testify

The Branzburg Test

Up Close: The Grand Jury Process

Shield Laws

Up Close: Privilege

From the Trenches: Federal Shield Law, By Congressman Mike Pence

Newsroom Searches

Cameras in the Courtroom

Must Courtrooms Be Open?

Up Close: Closing Criminal Court

Summary

Unsolved Case: Texting in the Courtroom

CHAPTER NINE: FREEDOM OF ACCESS

Learning Objectives

Access Denied

The Origins of Access

The Constitution and the Common Law

The Freedom of Information Act

Electronic - FOIA

Policy Shifts

FOIA Steps to Access

From the Trenches: Chas. N. Davis

Using the FOIA

FOIA Initiatives

FOIA Responses

Accelerating the FOIA

FOIA Assessment of Fees

Up Close: The Price of Sunshine

FOIA Exemptions

Up Close: Pictures of Shame

Removing FOIA Barriers

Up Close: Presidential Records

Sunshine in Government Meetings

Up Close: Emails and Text Messages

State Government Access

Laws that Restrict Access

State Driver’s License Records

Family Educational Rights & Privacy Act

Privacy of Health Records

Press Freedoms to Gather Information

Summary

Unsolved Case: “Discount Window”

CHAPTER TEN: BROADCAST REGULATION

Learning Objectives

Radio’s Regulatory Roots

Wireless Ship Act of 1910

Radio Act of 1912

Washington Radio Conferences

Trial Balloons

The Federal Radio Commission (1927)

Federal Jurisdiction

Rationale for Regulation

Competing Theories

Precedents of Punishment

The Federal Communications Commission (FCC)

The Commissioners

Rule-Making Process

Licensing Stations

Licensing Process

Licensing Requirements

Public Inspection File

Infractions

Licensing Renewal

Deregulation

The Telecommunications Act

FCC Analysis of Competition

Television Ownership Limits

Radio Ownership Limits

Duopoly Rule

Cross-Ownership

Rethinking Cross-Ownership

Spectrum Auctions

Localism & Diversity

Up Close: Enhanced Disclosure Forms

Minority Ownership

Minority Employment

Programming Issues

Children’s Content

Core Programming

Defining Children’s Programs

Embedded Advertising

Product Placement

TV Violence & Children

Political Content

Fairness Doctrine

Fairness Origins

Equal Opportunities

Who is a Legally Qualified Candidate?

Reasonable Access

Exemptions

Newscasts

News Interviews

News Documentaries

Spot News Coverage

Debates

Fine Points of Equal Opportunities

Public Broadcasting

Up Close: Public Television’s Heroine

Broadcasting’s Other Obligations

Hoaxes and Distortions

Up Close: The Holy Grail

Station and Sponsor Identification

Summary

Unsolved Case: Performance Tax

CHAPTER ELEVEN: TELECOMMUNICATIONS

Learning Outcomes

A Level Playing Field

In the Beginning

Defining the Messenger

FCC Jurisdiction

Early Competitors

Natural Monopoly

Pendulum of Cable Regulation

Copyright Issues

Syndicated Exclusivity

Must Carry Regulation

Turner I & II

Retransmission Consent

Up Close: “Dallas and its Cable Dilemma”

Cable Act of 1984

Cable Consumer Act of 1992

Registration and Requirements

Public Access Obligations

Midwest Video Cases

A la carte channels

The 70/70 Rule

Satellite Television Regulation

Open Sky Policy

Direct to Home Satellite

Alternative Subscription Services

Wireless Cable (MMDS)

Digital Delivery Options

The Telecommunications Act of 1996

Effective Communication

Vertical and Horizontal Integration

Telephone Competition

Triple or Quadruple Play

Voice-Over Internet Protocol

IPTV Regulation

Summary

Unsolved Case: Universal Service

CHAPTER TWELVE: ADVERTISING LAW

Learning Objectives

Paternalistic Approaches to Regulating Advertising

Roots of Advertising Regulation

The Central Hudson Test

Deceptive Advertising

Likely to Mislead

Reasonable Consumer

Material to Purchasing Decision

Factual Claims

Up Close: Legitimate Evidence

What About Statements of Opinion?

Up Close: The Special Case of Testimonials

Actions

Other Agencies and Advertising

Self Regulation

Summary

Unsolved Case: Is it Advertising or Isn’t It?

CHAPTER THIRTEEN: MEDIA BUSINESS LAW

Learning Objectives

Contracts

Elements of a Contract

Releases as a Contract

Labor Contracts

Hold-Harmless Clauses

Media and Antitrust

Labor Laws

Child Actors

Equal Employment Opportunities

Labor Unions

Up Close: Media Labor Organizations

Corporate Speech

Investing in Media

Insider Trading

Merger Mania

Summary

Unsolved Case: Tiger Woods

CHAPTER FOURTEEN: INTELLECTUAL PROPERTY

Learning Objectives

A Constitutional Right? Really?

What is Copyright?

Licensing Performance Rights

Up Close: The Unusual Case of Happy Birthday

Up Close: Production Music

Derivative Works

An Exception to Distribution Rights

Copyright-able Works

Copyright Registration

The Duration of a Copyright

Up Close: Works for Hire

The Doctrine of Fair Use

Purpose and Character of the Use

Nature of the Copyrighted Work

The Amount and Substantiality of the Use

Effect on the Market

Trying to Do the Right Thing

Devices that Facilitate Infringement

Trademarks

Up Close: Comparing Apples to Apples

The Red Light at 3 a.m.

Summary

Unsolved Case: Fan Fiction

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Communication Law

Communication Law

0205504167

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