9781259913907

MASS MEDIA LAW

by ;
  • ISBN13:

    9781259913907

  • ISBN10:

    1259913902

  • Edition: 20th
  • Format: Paperback
  • Copyright: 2017-10-17
  • Publisher: McGraw-Hill Education

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Supplemental Materials

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Table of Contents

Chapter 1         The American Legal System

 

Sources of the Law

Common Law

The Role of Precedent

Finding Common-Law Cases

Equity Law

Statutory Law

Constitutional Law

Executive Orders and Administrative Rules

SUMMARY

The Judicial System

Facts versus the Law

The Federal Court System

The Supreme Court

Other Federal Courts

Federal Judges

The State Court System

Judicial Review

SUMMARY

Lawsuits

SUMMARY

Bibliography

 

 

Chapter 2         The First Amendment: The Meaning of Freedom

 

Historical Development

Freedom of the Press in England

Freedom of the Press in Colonial America

Community Censorship, Then and Now

SUMMARY

The First Amendment

The New Constitution

Freedom of Expression in the 18th Century

Freedom of Expression Today

SUMMARY

The Meaning of Freedom

Seditious Libel and the Right to Criticize the Government

Alien and Sedition Acts

Sedition in World War I

The Smith Act

Defining the Limits of Freedom of Expression

Real-Life Violence: Blaming Movies, Video Games and Books

The Gitlow Ruling and the Incorporation Doctrine

SUMMARY

Prior Restraint

Near v. Minnesota

Pentagon Papers Case

Progressive Magazine Case

United States v. Bell

SUMMARY

Bibliography

 

 

 

 

 

 

 

Chapter 3         The First Amendment: Contemporary Problems

 

The First Amendment in Schools

Censorship of Expression in Public High Schools

The Hazelwood Case

The Bethel Case

The Morse Case

Censorship of College

Newspapers

Problems for College Journalists

Alcohol Advertisements and the College Press

Book Banning

SUMMARY

Time, Place and Manner Restrictions

Forum Analysis

SUMMARY

Other Prior Restraints

Son of Sam Laws

Prior Restraint and Protests

SUMMARY

Hate Speech/Fighting Words

SUMMARY

The First Amendment and Election Campaigns

SUMMARY

The First Amendment and the Information Superhighway

Net Neutrality

Bibliography

 

 

Chapter 4         Libel: Establishing a Case

 

The Libel Landscape

Damage Claims

Time and Money

Time and the Law

The Lawsuit as a Weapon

Resolving the Problem

SUMMARY

Law of Defamation

Elements of Libel

Publication

Publishers and Vendors

Libel on the Internet

Identification

Group Identification

Defamation

Crime

Sexual References

Personal Habits

Ridicule

Business Reputation

Criticism of a Product

Falsity

SUMMARY

Bibliography

 

 

 

 

 

 

 

 

Chapter 5         Libel: Proof of Fault

 

New York Times v. Sullivan

The Rationale for the Ruling

Public Persons versus Private Persons

Who Is a Public Official?

Job Description

The Nature of the Story

All-Purpose Public Figures

Limited-Purpose Public Figures

Lower-Court Rulings

The Nature of the Controversy

The Plaintiff ’s Role

Businesses as Public Figures

Public Persons Over Time

Involuntary Public Figures

SUMMARY

The Meaning of Fault

Negligence

Actual Malice

Knowledge of Falsity

Reckless Disregard for the Truth

Applying the Actual Malice Standard

SUMMARY

Intentional Infliction of Emotional Distress

SUMMARY

Bibliography

 

 

Chapter 6         Libel: Defenses and Damages

Summary Judgment/Statute of Limitations

Statute of Limitations

Jurisdiction

Jurisdiction and the Internet

SUMMARY

Truth

Privileged Communications

Absolute Privilege

Qualified Privilege

Neutral Reportage

Abuse of Privilege

SUMMARY

Protection of Opinion

Rhetorical Hyperbole

The First Amendment

The Ollman Test

Fair Comment and Criticism

SUMMARY

Defenses and Damages

Consent

Right of Reply /Self-Defense

Damages

Compensatory Damages

General or Actual Damages

www.mhhe.com

 

 

Special Damages

Presumed Damages

Punitive Damages

Retraction Statutes

SUMMARY

Criminal Libel

Bibliography

 

 

Chapter 7         Invasion of Privacy: Appropriation and Intrusion

 

Conceptions and Sources of Privacy in the United States

Invasion of Privacy

The Growth of Privacy Laws

Appropriation

Right of Publicity

Use of Name or Likeness

Advertising and Trade Purposes

News and Public Interest Exception

Other Exceptions

Booth Rule

Consent as a Defense

When Consent Might Not Work

Life After Death: Post-Mortem Publicity Rights

SUMMARY

Intrusion

Intrusion and the Press

No Privacy in Public

The Use of Hidden Recording Devices

Intrusion by Drones

Intrusion and the Publication of Information Obtained Illegally

SUMMARY

Bibliography

 

 

Chapter 8         Invasion of Privacy: Publication of Private Information and False Light

 

Public Disclosure of Private Facts

Publicity

Private Facts

Naming Rape Victims

Highly Offensive Publicity

Legitimate Public Concern and Newsworthiness

Ethics and Privacy

Recounting the Past

Private Facts on the Internet

SUMMARY

False-Light Invasion of Privacy

Fictionalization

Other Falsehoods

Highly Offensive Material

The Fault Requirement

SUMMARY

Bibliography

 

 

Chapter 9         Gathering Information: Records and Meetings

 

News Gathering and the Law

The Constitution and News Gathering

Access to Government Officials: A Right to Interview?

The First Amendment Protection of News Gathering

SUMMARY

The Freedom of Information Act

Recent FOIA Reforms

Agency Records

What Is an Agency?

What Is a Record?

What Is an Agency Record?

FOIA Exemptions

National Security

Housekeeping Practices

Statutory Exemption

Trade Secrets

Working Papers/Discovery

Personal Privacy

Law Enforcement

Financial Records

Geological Data

Handling FOIA Requests

Federal Open-Meetings Law

SUMMARY

State Laws on Meetings and Records

State Open-Meetings Laws

State Open-Records Laws

The Privatization of Public Government

SUMMARY

Laws That Restrict Access to Information

School Records

Health and Medical Records

The Federal Privacy Law

Criminal History Privacy Laws

State Statutes That Limit Access to Information

SUMMARY

Bibliography

 

 

Chapter 10       Protection of News Sources/Contempt Power

 

Journalists, Jail and Confidential Sources

News and News Sources

The Failure to Keep a Promise

Constitutional Protection of News Sources

Lower-Court Rulings

Civil Cases

Criminal Cases

Grand Jury Proceedings

Nonconfidential Information and Waiver of the Privilege

Who Is a Journalist?

Telephone Records

SUMMARY

Legislative and Executive Protection of News Sources

Shield Laws

Federal Guidelines

Newsroom Searches

How to Respond to a Subpoena

SUMMARY

The Contempt Power

Kinds of Contempt

Contempt and the Press

Collateral Bar Rule

SUMMARY

Bibliography

 

 

Chapter 11       Free Press–Fair Trial: Trial-Level Remedies and Restrictive Orders

 

Prejudicial Crime Reporting

Impact on Jurors

The Law and Prejudicial News

SUMMARY

Traditional Judicial Remedies

Voir Dire

Change of Venue

Continuance

Admonition to the Jury

Sequestration of the Jury

SUMMARY

Restrictive Orders to Control Publicity

Restrictive Orders Aimed at the Press

Restrictive Orders Aimed at Trial Participants

Contact with Jurors

SUMMARY

Bibliography

 

 

Chapter 12       Free Press–Fair Trial: Closed Judicial Proceedings

 

Closed Proceedings and Sealed Documents

Open Courts and the Constitution

Open and Closed Trials

Suspected Terrorists, Enemy Combatants, Et Al.

SUMMARY

Closure of Other Hearings

Accessible and Inaccessible Documents

Access and the Broadcast Journalist

Access to Evidence

Recording and Televising Judicial Proceedings

SUMMARY

Bench-Bar-Press Guidelines

SUMMARY

Bibliography

 

 

Chapter 13       Regulation of Obscene and Other Erotic Material

 

The Law of Obscenity

Early Obscenity Law

Defining Obscenity

SUMMARY

Contemporary Obscenity Law

The Miller Test

An Average Person

Community Standards

Patent Offensiveness

Serious Value

Other Standards

Variable Obscenity

Child Pornography

Children as Child Pornographers and Sexting

Obscenity and Women

SUMMARY

Regulation of Nonobscene Erotic Material

Sexually Oriented Businesses

Attacks on the Arts and Popular Culture

Erotic Materials in Cyberspace

The Communications Decency Act

The Child Online Protection Act

The Children’s Internet Protection Act

Current Issues Online: The New “Dot XXX” Domain

SUMMARY

Bibliography

 

 

 

 

 

Chapter 14       Copyright and Trademark

 

Intellectual Property Law

Patents

Trademarks

Roots Copyright

What May Be Copyrighted

Copyright and Facts

Telephone Books and Databases

News Events

Research Findings and History

Misappropriation

Duration of Copyright Protection

SUMMARY

Fair Use

Purpose and Character of Use

Nature of the Copyrighted Work

The Portion or Percentage of a Work Used

Effect of Use on Market

Application of the Criteria

SUMMARY

Copyright Protection and Infringement

Copyright Notice

Registration

Infringement

Originality of the Plaintiff ’s Work

Access

Copying and Substantial Similarity

Copyright Infringement and the Internet

Digital Millennium Copyright Act

File Sharing

Film and Television

SUMMARY

Freelancing and Copyright

Damages

Bibliography

 

 

Chapter 15       15 Regulation of Advertising

 

Advertising and the First Amendment

Commercial Speech Doctrine

Compelled Advertising Subsidies and Government Speech

SUMMARY

The Regulation of Advertising

Self-Regulation

Lawsuits by Competitors and Consumers

State and Local Laws

Federal Regulation

Telemarketing

Regulating Junk E-Mail and Spam

SUMMARY

Federal Trade Commission

False Advertising Defined

Means to Police Deceptive Advertising

Guides and the Children’s Online Privacy Protection Act Voluntary Compliance

Consent Agreement

Litigated Order

Substantiation

Corrective Advertising

Injunctions

Trade Regulation Rules

SUMMARY

The Regulatory Process

Procedures

Special Cases of Deceptive Advertising

Testimonials

Bait-and-Switch Advertising

Defenses

Advertising Agency/Publisher Liability

SUMMARY

Bibliography

 

 

Chapter 16       Telecommunications Regulation

A Prologue to the Present

History of Regulation

The Changing Philosophy of Broadcast Regulation

The Prometheus Decision and Continuing Fallout

SUMMARY

Basic Broadcast Regulation

Federal Communications Commission

Powers

Censorship Powers

Licensing

Multiple Ownership Rules

License Renewal

The Public’s Role and Online Public Inspection Files

SUMMARY

Regulation of Program Content

Sanctions

Regulation of Children’s Programming

Obscene, Indecent and Profane Material

Violence on Television

SUMMARY

Regulation of Political Programming

Candidate Access Rule

Equal Opportunity/Equal Time Rule

Use of the Airwaves

Legally Qualifi ed Candidates

SUMMARY

News and Public Affairs

Video News Releases, Sponsorship Identification and the FCC

The First Amendment

SUMMARY

Regulation of New Technology

Satellite Radio

Internet and Broadband

Cable Television 679

Federal Legislation Regulating

Cable Television

Purpose of the Law

Jurisdiction and Franchises

Must-Carry Rules

Programming and Freedom of Expression

SUMMARY

Bibliography

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