Law of Mass Communications 11th Edition : Freedom and Control of Print and Broadcast Media

by Teeter, Dwight L., Jr.; Loving, Bill

• ISBN13: 9781587787140
• ISBN10: 1587787148
• Edition: 11th
• Format: Hardcover
• Copyright: 2004-01-31
• Publisher: West Academic

Summary

The casebook examines the legal implications of changes in media systems and services. It traces both traces communications law issues to their sources and considers their future directions. Part of the University Casebook Seriesreg;, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Table of Contents

Preface to the Eleventh Edition	v
PART I. PHILOSOPHICAL AND CONSTITUTIONAL FOUNDATIONS OF FREE EXPRESSION
Foundations for Freedom	1	(30)
The Worth of Freedom	5	(11)
The Constitutional Guarantees	16	(11)
``The Intent of the Framers''	27	(4)
The First Amendment: Historical Background and Today's Law	31	(80)
Seditious Libel: Ancient Enemy of Freedom	31	(17)
Prior Restraint	48	(28)
Prior Restraint: Licensing	76	(7)
Forcing Communication to Occur	83	(3)
Criminal Libel	86	(14)
Taxation	100	(7)
The Contempt Power and Criticizing Courts	107	(4)
Testing the Boundaries of Constitutional Protection: Fighting Words, Incitement/Outrage and Obscenity	111	(70)
Fighting Words and Incitement	111	(15)
Obscenity and American Law	126	(1)
The Common Law Origins	127	(3)
The Roth Landmark	130	(4)
Monitoring Compliance: The Federal Review Era	134	(8)
Creating a New Consensus: The Miller Standard	142	(20)
Balancing Conflicting Societal Interests	162	(14)
Obscenity Law and the Internet	176	(5)
PART II. DEFAMATION, PRIVACY AND NEWSGATHERING TORTS
Defamation: Libel and Slander	181	(81)
Defamation Defined	181	(7)
The Five Elements of Libel	188	(1)
Publication	188	(21)
Identification	209	(8)
Defamation	217	(20)
Actual Injury	237	(7)
Fault	244	(7)
Discovery	251	(11)
The Constitutional Defense Against Libel Suits	262	(100)
The Public Principle	262	(1)
Defense Against Public Officials' Suits	263	(7)
Actual Malice	270	(22)
Public Officials and Figures	292	(9)
Defining ``Public Figure''	301	(14)
Summary Judgment	315	(7)
Qualified Privilege As a Defense	322	(14)
Truth As a Defense	336	(6)
Opinion and Fair Comment As Defenses	342	(20)
The Law of Privacy and the Media	362	(49)
Development of Privacy Law	362	(9)
``False Light:'' Communications Invading Privacy	371	(18)
Appropriation of Plaintiff's Name or Likeness	389	(4)
Appropriation's Cousin: ``The Right of Publicity''	393	(4)
Private Facts	397	(13)
Intrusion: An Introduction	410	(1)
Newsgathering Torts and Related Areas of Law	411	(54)
Newsgathering Torts: An Overview	411	(1)
The Privacy Tort of Intrusion	412	(7)
Intrusion: Nonconsensual Entry, Refusal to Leave	419	(11)
Problems With Hidden Cameras and Recorders	430	(9)
Cellular Telephones and Privacy	439	(5)
Fraud Claims and Undercover Reporting	444	(8)
Emotional Distress and Incitement	452	(7)
Contract Claims and Tortious Interference	459	(6)
PART III. ACCESS TO GOVERNMENT INFORMATION
Reporting the Legislative and Executive Branches	465	(83)
The Problem of Secrecy in Government	465	(10)
Access and the Constitution	475	(6)
Records and Meetings of Federal Government	481	(35)
Access to ``Security'' Information, Covering Wars	516	(18)
Records and Meetings in the States	534	(14)
Legal Problems in Reporting Courts	548	(88)
Access to Judicial Proceedings	548	(13)
Free Press Versus Fair Trial	561	(5)
Pre-Trial Publicity	566	(9)
Publicity During Trial: Cameras in the Courtroom	575	(9)
Notorious Cases: The Shadow of Sheppard	584	(8)
External Guidelines and Self-Regulatory Efforts	592	(4)
Restrictive Orders and Reporting the Judicial Process	596	(14)
Access to Criminal Trials and Civil Matters	610	(26)
Shielding Information From Disclosure	636	(61)
The Government Contempt Power	636	(7)
Refusing to Testify About Sources and Information	643	(44)
Protecting Newsrooms From Search and Telephone Records From Disclosure	687	(10)
PART IV. MASS COMMUNICATIONS AND GOVERNMENT
The First Amendment and Electronic Media	697	(18)
From Radiotelegraphy to Broadcasting	697	(5)
Spectrum Space: From Crisis to Control	702	(4)
Rationalizing Government Regulation	706	(5)
Spectrum Scarcity and Expanding New Media Channels	711	(4)
Obligations on Broadcasting and Cable	715	(63)
Licensing Broadcasters	715	(11)
Controlling Cable	726	(12)
Content Control	738	(17)
Political Access Rules	755	(9)
Fairness Doctrine Obligations	764	(6)
The End of the Personal Attack and Political Editorial Rules	770	(4)
Public Broadcasting	774	(4)
New Media and Regulation	778	(21)
Mass Media and the Common Carrier Connection	778	(3)
The Telephone Network Competitor	781	(7)
Communication Law and the Challenge of Change	788	(11)
Regulation of Advertising	799	(71)
From Caveat Emptor to Consumer Protection	799	(2)
Federal Administrative Controls: The Federal Trade Commission	801	(9)
Deceptiveness: The FTC's Definition	810	(4)
Corrective Advertising Orders of the FTC	814	(13)
Other Federal Administrative Controls	827	(4)
The Printers' Ink Statute	831	(1)
Lotteries	832	(4)
Self-Regulation	836	(2)
The Right to Refuse Service	838	(6)
Broadcast Advertising	844	(3)
Advertising and the Constitution	847	(23)
Copyright: Protection and Constraint	870	(141)
The Rationale of Copyright Law	870	(6)
Securing a Copyright	876	(29)
Originality and Creativity	905	(5)
Infringement and Remedies	910	(21)
Copyright, Unfair Competition, and the News	931	(10)
The Defense of Fair Use	941	(21)
Broadcast Music Licensing Rights	962	(7)
APPENDICES
A. Abbreviations	969	(3)
B. Selected Court and Pleading Terms	972	(6)
C. Some Notes on the Legal Process	978	(8)
D. Bibliography	986	(8)
E. Codes of Ethics and Principles of the SPJ, ASNE, PRSSA, and RTNDA	994	(17)
Table of Cases	1011	(26)
Index	1037