Focusing on the implications of the law for practitioners, this annually updated text examines legal issues affecting traditional journalism, political speech, and commercial and electronic media. The Sixth Edition of this top-selling media law text includes the most current information available, explaining the law as it applies to the daily work of writers, broadcasters, advertisers, cable operators, Internet service providers, public relations practitioners, photographers, and other public communicators. By presenting statutes and cases in a cohesive manner that is understandable even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media.
1. Public Communication and the Law.
The Sources of Law.
The Litigation Process: Civil and Criminal.
Working with the Law.
Limitations of Law.
2. The First Amendment.
Theory of Freedom of Expression.
Scope of the First Amendment: The Hierarchy of Protected Expression.
Who Is Protected?
3. Methods of Control.
Prior Restraints and Postpublication Punishment.
The Plaintiff's Burden of Proof.
The Defendant's Case.
Preventing Libel Suits.
Ideas for Reform.
5. Privacy and Personal Security.
Intrusion and Trespass.
Emotional Distress and Personal Injury.
6. Intellectual Property.
7. Political Speech.
Referenda and Other Public Issues.
Regulation of Political Candidate Broadcast Programming.
Regulation of Public Issues: The Fairness Doctrine.
Lobbying: The Right to Petition.
First Amendment and Advertising.
Unfair and Deceptive Advertising.
Other Federal Regulations.
Media's Right to Refuse Advertising.
9. Obscenity and Indecency.
Controlling Non-Obscene Sexual Expression.
10. The Media and the Judiciary.
Defining Jury Bias.
Remedies for Prejudicial Publicity.
Controlling Conduct in Court.
Controlling Prejudicial Publicity.
11. Protection of News Sources, Notes, and Tape.
Protection Under the Common Law.
Protection Under the First Amendment.
Protection Under State Statutes.
Protection Under Federal Statutes and Regulations.
12. Access to Information.
Access and the Constitution.
Access to Events.
Access to Records.
Access to Meetings.
Obtaining Access: A Final Word.
Appendix A: Finding and Reading the Law.
Appendix B: The First Fourteen Amendments to the Constitution.