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Index
Title Copyright Contents Preface 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
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
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
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 Libel on the Internet Identification Group Identification Defamation Crime Sexual References Personal Habits Ridicule Business Reputation Criticism of a Product Falsity SUMMARY
Bibliography
5 Libel: Proof of Fault
New York Times Co. v. Sullivan
The Rationale for the Ruling
Public Persons Versus Private Persons
Who is a Public Official? Job Description SUMMARY 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 Private Persons 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
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 Special Damages Presumed Damages Punitive Damages Retraction Statutes SUMMARY
Criminal Libel Bibliography
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
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 SUMMARY
False-Light Invasion of Privacy
Fictionalization Other Falsehoods Highly Offensive Material The Fault Requirement SUMMARY
Bibliography
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
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
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
12 Free Press–Fair Trial: Closed Judicial Proceedings
Closed Proceedings and Sealed Documents
Open Courts and the Constitution Open and Closed Trials 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
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 Online Speech Rights of Sex Offenders: The Packingham Case SUMMARY
Bibliography
14 Copyright and Trademark
Intellectual Property Law
Patents Trademarks
Roots of 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
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
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 Qualified 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 Federal Legislation Regulating Cable Television Purpose of the Law Jurisdiction and Franchises Must-Carry Rules Programming and Freedom of Expression SUMMARY
Bibliography
Glossary Index
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