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COMMUNICATION LAWCARISTI D. DAVIE W. CAVANAUGH M.wydawnictwo: PEARSON, 2011, wydanie Icena netto: Debuting in its first edition, Communication Law is 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. Table of Contents
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: 21st 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 20th 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 432 pages, Paperback
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