Details

Communication Law in America

4. Fourth Edition

von: Paul Siegel
109,99 €
Verlag:	Rowman & Littlefield Publishers
Format:	EPUB
Veröffentl.:	27.03.2014
ISBN/EAN:	9781442226234
Sprache:	englisch
Anzahl Seiten:	540

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Beschreibungen

Titelbeschreibung

Communication Law in America is a comprehensive, easy-to-follow overview of the complicated ways in which U.S. law determines who may say what to (and about) whom. It covers the usual content– libel, invasion of privacy, copyright and trademark, access to government information, advertising, electronic media– all the while giving readers a sense of how and why this country has come to weigh freedom of speech above competing freedoms far more often than in other Western democracies.
 

 
This fourth edition of the well-received text boasts over 300 new citations, including discussion of a dozen U. S. Supreme Court decisions handed down since the previous edition.
 
The nearly 200 still photos and over 80 videos on the author-maintained website – generally not images of litigants but of the actual artifacts (TV and movie scenes, advertisements, news reports) that led to the law suits– have always represented dramatic added value to students and professors alike. The new edition includes 35 new visual elements, including 20 videos.
 

 
The text also offers a new section on how the First Amendment applies to special populations, including students, government employees in general, and the military in particular.

Titelkurzbeschreibung

Inhaltsverzeichnis

Preface 1 Introducing the American Legal System An Overview of the American Judiciary A Three-Tiered Hierarchy The Scope of a Precedent The Current U.S. Supreme Court Going to Court: Civil or Criminal The Appeals Process Decisions and Opinions Legal Citations– How to Find the Cases Sources of Communication Law Constitutions The First Amendment Other Sources of Communication Law in the Federal Constitution State Constitutions and Communication Law Statutes Executive Orders Administrative Agency Decisions Common Law and the Law of Equity Chapter Summary 2The Development of Freedom of Speech Speech as the American Freedom? Freedom of Speech from the Colonial Period through World War I Freedom of Speech Doctrine Emerges The Early 20th Century Cases The Brandenburg Test: Imminent Lawless Action After 9/11 Theories of First Amendment Adjudication Free Speech as the Absence of Prior Restraint? First Amendment Absolutism Access Theory Balancing Theories The Value of Freedom of Expression Truth-Seeking Self-Governing Checking on Government Abuse Letting Off Steam Self-Fulfillment Is Freedom of Expression Overrated? Some Transcendent First Amendment Doctrines A Right to Hear (and Read) A Right not to Speak Symbolic Conduct Time, Place and Manner Restrictions Public Forum Analysis Quintessential Public Forums Limited Public Forums Nonpublic Forums Regulating the Business of Communication Antitrust Laws Taxation Workplace Law Communication Law in Special Settings Students Government Employees Soldiers Chapter Summary 3Defamation: Common Law Elements Elements of a Libel Suit Defamation Libel Per Se, Libel Per Quod, and Implied Libel Who Has to Believe? What Does It All Mean? Headlines and Captions Defaming People, Corporations, and Products How Much Does It Hurt? Publication Identification Naming and Identifying Identification in Fiction The Numbers Game Fault Some Common Law and Statutory Defenses to Libel Chapter Summary 4Defamation: First Amendment Limitations Introducing New York Times v. Sullivan The Birth of the Actual Malice Rule Applying the Rule Libel and Sedition Two Famous Metaphors Some Unanswered Questions from Sullivan Who is a “Public Official?” What is “Official Conduct?” Who Else Should Be Required to Prove Actual Malice? What Are Sullivan’s Implications for the Truth Defense? A Legal or Factual Question? What Journalistic Excesses Constitute Actual Malice? Is There Such a Thing as a Defamatory Opinion? Can Libel Plaintiffs Sue for Intentional Infliction of Emotional Distress? Is a Reporter’s “State of Mind” Relevant? In what other ways has the Court “Fine Tuned” the Actual Malice Rule? Gertz v. Robert Welch, Inc.: The Other Landmark Libel Decision A Reaffirmation of the “Who Is the Plaintiff?” Question Two Kinds of Public Figures The Fault Element and Private Plaintiffs Punitive or Presumed Damages and Actual Malice Proof of Damages Chapter Summary 5Invasion of Privacy A Tale of Two Law Review Articles Misappropriation Two Actions or One? What is a Likeness? Look-Alikes and Sound-Alikes The Political Figures Exception Newsworthiness The Booth Rule Consent Intrusion Ride-Along Intrusions Intrusions and Fraud Wiretapping False Light The Hill family Distortion Fictionalization Public Disclosure Publicly Disclosing Information Previously Private Information Highly Offensive Revelations A Defense Swallowing the Tort? The Supreme Court and Public Disclosure Chapter Summary 6Copyright and Trademark The Law of Copyright Scope Things that Can’t be Copyrighted Protecting Your Copyright Who Owns a Copyright? Elements of a Copyright Infringement Suit Originality Access Substantial Similarity Fair Use and the Supreme Court Home Videotapers Are Not Criminals Newsworthiness and Copyright Infringement A Pretty (Hairy) Decision Fair Use Inquiry #1: The Purpose and Character of the Use Fair Use Inquiry #2: The Nature of the Work Fair Use Inquiry #3: The Amount Taken Fair Use Inquiry #4: The Effect of the Taking on the Copyright’s Value The Law of Trademark Kinds of Marks What Makes a Mark Protectable Likelihood of Confusion Dilution Trademark Parody Use It or Lose It: The Fear of “Going Generic” Chapter Summary 7Access to Information A First Amendment Right to Receive Messages? Access to Public Information: The Statutory Framework The Federal Freedom of Information Act What is an “Agency?” What is a “Record?” What is an “Agency Record?” Making a FOIA Request Exemptions from Disclosure Exemption 1: National Security Exemption 2: Internal Agency Personnel Rules Exemption 3: Withholding Mandated by Other Federal Laws Exemption 4: Confidential Commercial Information Exemption 5: Internal Agency Policy Discussions and Memoranda Exemption 6: Personnel, Medical, and Similar Files Exemption 7: Law Enforcement Exemption 8: Financial Institutions Exemption 9: Geological and Geophysical Data The Government in the Sunshine Act The Federal Advisory Committee Act State Freedom of Information Acts State Open Meetings Laws The (Mixed) Value of Being Nice: A Final Thought on Getting Information Chapter Summary 8Reporting on the Judiciary A Clash of Rights The Contempt Power Trial Judges’ Burden of Proof The Supreme Court and the Fugitive Remedies That Do Not Infringe upon Freedom of the Press Continuance Change of Venue or Venire Sequestration of the Jury Voir Dire Preventing Prejudicial Publicity: Gag Orders Gag Orders Applied to the Press Gag Orders Applied to Trial Participants Attorneys Jurors and Witnesses Barring Reporters from the Courtroom Closing the Trial Itself Closing Pre-trial Hearings Suppression Hearings Voir Dire Hearings Preliminary Hearings Lower Courts Apply the Press-Enterprise II Test One-Sided Preliminary Hearings Hearing on a Motion to Disqualify Bail, Plea and Sentencing Hearings Competency Hearings Deportation Hearings Access to Judicial Documents TV Cameras in Court Chapter Summary 9Protecting News Sources The Dance of Confidentiality The First Amendment and Confidential Sources: Branzburg v. Hayes Counting the Votes The Lower Courts Apply Branzburg What Type of Judicial Proceeding? Criminal Trials Civil Proceedings Grand Jury Proceedings What Kind of Information? From Whom is the Information Sought? State Reporter Shield Laws What Type of Proceedings? What Kind of Information? Who is Protected? U.S. Department of Justice Guidelines Newsroom Searches No Constitutional Immunity: Zurcher v. Stanford Daily The Privacy Protection Act Betraying a Pledge of Confidentiality Chapter Summary 10Regulation of Advertising The Supreme Court and Commercial Speech Saying Yes to Advertising How Much Protection? The Central Hudson Test Smoking, Drinking, Gambling, and Making Whoopee Can’t Stop With Drugs: Advertising by Lawyers and Other Professionals Statutory and Regulatory Approaches State and Local Regulation The Federal Trade Commission Deceptive Advertising Finding the Meaning of the Ad “And I Can Prove It!” “More Than I Can Say” “Did I Hear That Right?” “Who Said That?” Deceptive to a “Reasonable” Consumer? “Material” Information Procedures and Powers of the FTC The Lanham Act: Suits by Competitors and Consumers Industry Self-Regulation Regulation of Political Advertising Chapter Summary 11Sexually Oriented Speech The Supreme Court Defines Obscenity– Miller v. California Fine-Tuning the Legal Definition of Obscenity What Kind of Sexual Conduct? Thematic Obscenity Smut at Home Variable Obscenity Child Pornography and “Sexting” Pornography as a Civil Rights Issue: “The” Feminist Response Other Means of Regulating Sexual Material Zoning Laws Public Nuisance Laws Racketeering Statutes Government Sponsorship of the Arts Chapter Summary 12Regulation of Electronic Media The Birth of Broadcast Regulation and the FCC Rulemaking and Enforcement Ancillary Powers Licensure and Ownership Requirements for Licensure How Much Can You Own? Consumers and Technology Regulation of Content Political Speech Candidate Access Rule Equal Time Rule “Legally Qualified” Candidates “Using” the Airwaves Equal Time Rule Exemptions Sexually Oriented Speech Children’s Television PBS and NPR Cable TV Congressional Action First Amendment Issues Direct Broadcast Satellite Services The Internet What Makes the Internet Different? Infinite Number of Information Sources Relative Lack of Gatekeepers Parity among Senders and Receivers Extraordinarily Low Cost Jurisdictional Ambiguity Tweaking Communication Law for the Internet Libel Online Trademark and Copyright Online “Copying” in a Digital World Trademark, URL Addresses, and Website Interactions Databases and Authors’ Rights Privacy Online Online Privacy at Work Online Privacy and the Government. Online Privacy and the Private Sector Advertising Online Sexual Messages Online Net Neutrality Chapter Summary Glossary Case Index Subject Index

Autorenportrait

Paul Siegel is professor of communication at the University of Hartford. He has been teaching course work in media law for over 30 years—at American University, Catholic University, Gallaudet University, George Mason University, Illinois State University, Keene State College, Tulane University, the University of Connecticut, the University of Missouri, and the University of North Carolina. He has also published dozens of book chapters and law review and communication journal articles on various subjects related to communication law. Siegel was the founding executive director of the American Civil Liberties Union of Kansas and Western Missouri.

Sonderbeitrag

Perhaps the most notable feature of the text is the author-maintained website (www.paulsiegelcommlaw.com), where readers will find some 200 photos and over 80 videos (20 new to this edition). Also on the website are Power Point slide shows that include full color versions of images and links to videos throughout. Because the law changes so rapidly, the website also offers updates several times each year, and these too often include new still images and videos. As one of this edition’s reviewers noted, so rich is the value added by the website’s visual elements that “paired with a reliable LCD projector, this book teaches itself.”