Law Commons^™

À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando

Catholic University Journal of Law and Technology

Although “fake news” is as old as mass media itself, concerns over disinformation have reached a fever pitch in our current media environment. Online media outlets’ heavy reliance on user-generated content has altered the traditional gatekeeping functions and professional standards associated with traditional news organizations. The idea of objectivity-focused informational content has primarily been substituted for a realist acceptance of the power and popularity of opinion-driven “news.” This shift is starkly visible now: mainstream news media outlets knowingly spread hoaxes, conspiracy theories, and the like.

This current state of affairs is not some freak accident. The Supreme Court’s First Amendment …

Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen

St. Mary's Law Journal

Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment of changes to key …

To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Fair Use Of Foul Balls: Major League Baseball Advanced Media And Its Counterproductive Takedown Notices To Fans, Andrew Rissler

Marquette Sports Law Review

No abstract provided.

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

University of Richmond Law Review

No abstract provided.

Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …

The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From Habermas To "Get Rich Or Die Tryin": Hip Hop, The Telecommunications Act Of 1996, And The Black Public Sphere, Akilah N. Folami

Michigan Journal of Race and Law

This Article explores the manner in which gangsta rappers, who are primarily young urban Black men, navigate the mass media and rap's commercialization of the gangsta image to continue to provide seeds of political expression and resistance to that image. While other scholars have considered the political nature of rap in the context of the First Amendment, this Article's approach is unique in that it is the first to explore such concepts through the lenses of Habermas' ideal public sphere and those of his critics. While many have written gangsta rap off as being commercially co-opted or useless given its …

Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Marketing, Protection And Enforcement Of Ncaa Marks, Scott A. Bearby

Marquette Sports Law Review

No abstract provided.

Media Leagues: Australia Suggests New Professional Sports Leagues For The Twenty-First Century, James B. Perrine

Marquette Sports Law Review

No abstract provided.

Sports Heroes, Sexual Assault And The Unnamed Victim, Shirley A. Wiegand

Marquette Sports Law Review

No abstract provided.

Athletes In Troublewith The Law: Journalistic Accounts For The Resentful Fan, David Ray Papke

Marquette Sports Law Review

No abstract provided.

Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Food Lion And The Media’S Liability For Newsgathering Torts: A Symposium Preview , Andrew B. Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Accountability Of The Media In Investigations, Gregg Jarrett, Charles E. Rose, Randall J. Turk, L. Lin Wood

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Case Of David V. Goliath: Richard Jewell V. Nbc And The Basics Of Defamacast In Georgia, L. Lin Wood

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Status Of Certain Recent Copyright Developments In The European Community, Joachim Fleury

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright In The European Economic Community, Jean-Francois Verstrynge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel On The Indecency Standard And Regulation Of And By The Media, William J. Small, Irving Gastfreund, Carlton Long, Robert W. Peters, Judith P. Phil[Ips

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Impact Of The Media On Fair Trial Rights: Panel On Protection Of Reporters’ Sources, Hugh C. Hansen, Martin B. Adelman, Mark A. Conrad, George Freeman, Nicholas J. Jollymore, Arnold H. Lubasch, William A. Rome

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Drug Songs And The Federal Communications Commission, Sammuel Bufford

University of Michigan Journal of Law Reform

A "public notice" concerning the broadcasting of drug-related popular songs by radio stations issued from the Federal Communications Commission on March 5, 1971. While this notice could be generally taken to prohibit the playing of such songs, its actual message, upon further analysis, is more complex and less direct. This article will examine the notice to ascertain its likely meaning, determine its legal status, and examine three constitutional issues it raises: whether the songs are protected as speech under the first amendment; whether the statement of the prohibition (if that be the import of the notice) is sufficiently precise to …