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Book Electronic Media Regulation and the First Amendment

Download or read book Electronic Media Regulation and the First Amendment written by David Bollier and published by . This book was released on 1991 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suggesting future lines of inquiry for policymakers and others, this report attempts to distill the essential points of discussion and debate that occurred during a conference on electronic media regulation and the first amendment attended by 21 experts representing legislative, regulatory, business, judicial, academic, audience, and media interests. Sections of the report discuss: coping with the "paradigm" shift in communications; the old paradigms and how they work; broadcasting and scarcity: the Geller critique; reactions to Geller and alternative paradigms; the hybrid first amendment rights of cable television; is common carriage incompatible with the first amendment?; proposed theories of the first amendment in the era of electronic media; reactions to the 10 theories of the first amendment; and the question whether a single theory of the first amendment can embrace both print and electronic media? A partial list of referenced cases, a list of conference participants, and the Program on Communications and Society policy statement are attached. (RS)

Book Free Speech and the Regulation of Social Media Content

Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.

Book Scrambling for Protection

    Book Details:
  • Author : Patrick M. Garry
  • Publisher : University of Pittsburgh Pre
  • Release : 2010-11-23
  • ISBN : 0822974746
  • Pages : 209 pages

Download or read book Scrambling for Protection written by Patrick M. Garry and published by University of Pittsburgh Pre. This book was released on 2010-11-23 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our age of media revolutions, Patrick M. Garry offers guidelines for constitutionally redefining the press, and maintains that the First Amendment press clause must broaden the scope of its freedoms to include the communication activities of a much larger public.

Book Electronic Media Law

    Book Details:
  • Author : Roger L. Sadler
  • Publisher : SAGE
  • Release : 2005-03-10
  • ISBN : 9781412905886
  • Pages : 476 pages

Download or read book Electronic Media Law written by Roger L. Sadler and published by SAGE. This book was released on 2005-03-10 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though the First Amendment of the U.S. Constitution grants freedom of speech and freedom of the press, laws and regulations governing media frequently evolve as the media themselves do. As a result, it is often a challenge to keep pace with new laws and regulations.Electronic Media Law is a comprehensive, up-to-date textbook on the constantly changing and often complex world of electronic media law. Author Roger L. Sadler examines the laws, regulations, and court rulings affecting broadcasting, cable, satellite, and cyberspace. The book also looks at cases from the print media and general First Amendment law, because they often contain important concepts that are relevant to the electronic media. Electronic Media Law is written for mass media students, not for future lawyers, so the text is straightforward and explains "legalese." The author covers First Amendment law, political broadcasting rules, broadcast content regulations, FCC rules for station operations, cable regulation, media ownership rules, media liability lawsuits, intrusive newsgathering methods, media restrictions during wartime, libel, privacy, copyright, advertising law, freedom of information, cameras in the court, and privilege.Key Features Provides an easy-to-use format of chapter categories and sections that facilitate research on individual topics Frequently Asked Questions highlight important points from cases Explains complex, legal concepts in basic terms that give students the foundation for further studies in electronic media law Electronic Media Law provides an understanding of the First Amendment and the American legal system with an emphasis on the electronic media. It is an excellent textbook for undergraduate and graduate students studying broadcast law and media law.

Book Social Media and Democracy

Download or read book Social Media and Democracy written by Nathaniel Persily and published by Cambridge University Press. This book was released on 2020-09-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

Book The First Amendment and the Fourth Estate

Download or read book The First Amendment and the Fourth Estate written by Marc A. Franklin and published by . This book was released on 1985 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment & the Fourth Estate: The Law of Mass Media provides text, court opinions & other materials. Topics include an introduction to freedom of expression & the American legal system, defamation, privacy, liability for emotional & physical harm, obscenity, confidentiality, & press coverage of the administration of justice. Also included are copyright & trademark, national security, advertising regulation, & ownership. The book provides an introduction to broadcasting & broadcast programming, & cable & other new communication technologies. This edition includes edited court opinions of more than 25 principal cases & treatment of many more cases in note form.

Book Freeing the Presses

Download or read book Freeing the Presses written by Timothy E. Cook and published by LSU Press. This book was released on 2014-06-09 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Americans consider a free press essential to democratic society, either as an independent watchdog against governmental abuse of power or as a wide-open marketplace of ideas. But few understand that far-reaching public policies have shaped the news citizens receive. With contributions from leading scholars in the fields of history, legal scholarship, political science, and communications, this revised and updated edition of Freeing the Presses offers an in-depth inquiry into the theory and practice of journalistic freedom.

Book Electronic Media Law and Regulation

Download or read book Electronic Media Law and Regulation written by Kenneth C. Creech and published by Routledge. This book was released on 2013-07-24 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic Media Law and Regulation is a case-based law text that provides students with direct access to case law as well as the context in which to understand its meaning and impact. The text overviews the major legal and regulatory issues facing broadcasting, cable, and developing media in today's industry. Presenting information from major cases, rules, regulations, and legal documents in a concise and readable form, this book helps current and prospective media professsionals understand the complex realm of law and regulation. Students will learn how to avoid common legal pitfalls and anticipate situations that may have potential legal consequences. This sixth edition provides annotated cases with margin notes, and new chapters address such timely issues as media ownership, freedom of information, entertainment rights, and cyber law.

Book The Future of the First Amendment

Download or read book The Future of the First Amendment written by Kenneth Dautrich and published by Rowman & Littlefield. This book was released on 2008 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Findings from the high-profile John S. and James L. Knight Foundation-sponsored surveys of over 100,000 high school students in 2004 and 2006 provided a wake-up call to those interested in preserving the future of free expression rights in America. These studies documented the current lack of appreciation for free expression rights among the nation's high school students, and thus raised serious questions about the vitality of those rights as this generation reaches adulthood. In The Future of the First Amendment, the scholars who conducted the Knight studies identify a number of important connections and relationships that education reformers should account for as they seek to raise the status of the First Amendment among the nation's youth. This book documents and explores the ramifications of First Amendment education and student media activities--both traditional and digital--on student support for free expression rights. Linking these curricular and extra-curricular activities to the next generation's tolerance for free expression rights, it provides guidance to educators and policy-makers on methods of improving the next generation's appreciation for these rights which are so central to the health of American democracy.

Book Electronic Media Regulation and the First Amendment

Download or read book Electronic Media Regulation and the First Amendment written by Aspen Institute Program on Communications and Society and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Law for Advertising  Broadcasting  Journalism  and Public Relations

Download or read book Law for Advertising Broadcasting Journalism and Public Relations written by Michael G. Parkinson and published by Routledge. This book was released on 2013-03-07 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exceptional new text offers an up-to-date and integrated approach to communication law. Written by two practicing attorneys with extensive experience teaching the communication law course, Law for Advertising, Broadcasting, Journalism, and Public Relations covers the areas of communication law essential and most relevant for readers throughout the communication curriculum. Its integrated approach will serve students and practitioners in advertising and public relations as well as those in journalism and electronic media. Providing background to help readers understand legal concepts, this comprehensive communication law text includes an introduction to the legal system; covers legal procedures, structures, and jurisdictions; discusses the First Amendment and electronic media regulations; and considers issues of access. Additional material includes: *intellectual property law; *employment and agency law, with explanations of how these laws create obligations for mass communication professionals and their employees; *commercial communication laws; and *special laws and regulations that impact reporters, public relations practitioners, and advertisers who deal with stock sales. Special features of this text include: *Magic Words and Phrases--defining legal terms; *Cases--illustrating key points in each chapter; *Practice Notes--highlighting points of particular interest to professional media practices; *Instructions on finding and briefing cases, with a sample brief; and *Examples of legal documents and jury instructions. This text is intended as an introduction to communication law for students and practitioners in mass communication, journalism, advertising, broadcasting, telecommunications, and public relations.

Book Print and Electronic Media

Download or read book Print and Electronic Media written by and published by . This book was released on 1983 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Digital Media Law

    Book Details:
  • Author : Ashley Packard
  • Publisher : John Wiley & Sons
  • Release : 2010-04-22
  • ISBN : 1444318209
  • Pages : 366 pages

Download or read book Digital Media Law written by Ashley Packard and published by John Wiley & Sons. This book was released on 2010-04-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Front Matter -- Introduction to the Legal System -- Freedom of Expression -- Telecommunications Regulation -- Internet Regulation -- Conflict of Laws -- Information Access and Protection -- Intellectual Property: Copyright -- Intellectual Property: Patents, Trademarks, and Trade Secrets -- Defamation -- Invasion of Privacy -- Sex and Violence -- Commercial Speech and Antitrust Law -- Table of Cases -- Glossary -- Notes -- Index

Book Free Speech in the New Media

Download or read book Free Speech in the New Media written by Thomas Gibbons and published by Routledge. This book was released on 2017-03-02 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with questions of political and constitutional principle and theory that affect the law and regulation of content in new media that are based on digital technology. In the light of convergence between different forms of communication, it examines whether the justifications for government intervention in traditional analogue broadcasting and programme delivery continue to be persuasive. The essays examine in general whether new approaches to freedom of expression are required in the digital era and whether there is a continued role for public service broadcasting or its equivalent. They also explore content standards in more detail, discussing arguments for and against regulation in the areas of beliefs, indecency and advertising and whether there is a case for the European Union's measures to secure "Television without Frontiers".

Book Regulating Broadcast Programming

Download or read book Regulating Broadcast Programming written by Thomas G. Krattenmaker and published by American Enterprise Institute. This book was released on 1994 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors argue that TV regulation should be based on the same principles used for print media, for which control of editorial content lies in private hands rather than the government.

Book The Electronic Media and the Transformation of Law

Download or read book The Electronic Media and the Transformation of Law written by M. Ethan Katsh and published by Oxford University Press. This book was released on 1989-07-27 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly publicized legal cases, such as those involving libel verdicts, obscenity prosecutions, the First Amendment, and other areas of media law have focused attention on only one part of the media's impact on law. This study, the first to explore the broad influence of computers and television on the future of the legal process, explains the critical role of information and argues that the influence of the new modes of communication can be seen in changes occurring in many areas of the law. These areas include the goals and purposes of law, the doctrines and rules of law, the processes law uses to settle disputes and shape behavior, the legal profession, and the values and concepts that underlie our system of law.

Book Freedom of the Air and the Public Interest

Download or read book Freedom of the Air and the Public Interest written by Louise M. Benjamin and published by SIU Press. This book was released on 2006-08 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique and definitive study of freedom of expression rights in electronic media from the 1920s through the mid-1930s, Louise M. Benjamin' s Freedom of the Air and the Public Interest: First Amendment Rights in Broadcasting to 1935 examines the evolution of free speech rights in early radio. Drawing on primary resources from sixteen archives plus contemporary secondary sources, Benjamin analyzes interactions among the players involved and argues that First Amendment rights in radio evolved in the 1920s and 1930s through the interaction of many entities having social, political, or economic interests in radio. She shows how free speech and First Amendment rights were defined and perceived up to 1935. Focusing on the evolution of various electronic media rights, Benjamin looks at censorship, speakers' rights of access to the medium, broadcasters' rights to use radio as they desired, and listeners' rights to receive information via the airwaves. With many interested parties involved, conflict was inevitable, resulting in the establishment of industry policies and government legislation-- particularly the Radio Act of 1927. Further debate led to the Communications Act of 1934, which has provided the regulatory framework for broadcasting for over sixty years. Controversies caused by new technology today continue to rage over virtually the same rights and issues that Benjamin deals with.