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 …

The U.S. Supreme Court’S Characterizations Of The Press: An Empirical Study, Ronnell Anderson Jones, Sonja R. West

Utah Law Faculty Scholarship

The erosion of constitutional norms in the United States is at the center of an urgent national debate. Among the most crucial of these issues is the fragile and deteriorating relationship between the press and the government. While scholars have responded with sophisticated examinations of legislators’ and the President’s characterizations of the news media, one branch of government has received little scrutiny—the U.S. Supreme Court. This gap in the scholarship is remarkable in light of the Court’s role as the very institution entrusted with safeguarding the rights of the press. This paper presents the findings of the first comprehensive empirical …

Promoting Journalism As Method, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The marketplace of ideas has been a centerpiece of free speech jurisprudence for a century. According to the marketplace theory, the vigorous competition of ideas, free from government interference, is the surest path to truth. As our metaphorical marketplace has moved online, the competition has never been so heated. We should be drowning in truth. Yet, in reality, truth has perhaps never been more elusive.

As we struggle to promote democratic debate and surface truth in our chaotic networked public sphere, we are understandably drawn to familiar frames and tools. These include the source of the marketplace of ideas theory—the …

The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk

Pepperdine Dispute Resolution Law Journal

This article will survey: (1) the intended role of the media in a democracy; (2) the current polarized political climate in the United States; (3) the challenges facing the twenty-first century with the growth of technology, cable news, and online platforms; (4) the media's role in perpetuating conflict; and (5) propose that media professionals use Alternative Dispute Resolution (ADR) tools and processes to increase the public’s understanding of differing perspectives in our conflict-laden political discourse.

Syrian Crisis Representation In The Media: The Cnn Effect, Framing, And Tone, Savannah S. Day

Venture: The University of Mississippi Undergraduate Research Journal

Over the past seven years of the Syrian Civil War, Syrian refugees have been painted in a negative light by news media outlets around the world. History of media coverage regarding global humanitarian crises shows that with various tools and processes, media can shape public opinion and policy in whichever direction it desires, and oftentimes policymakers and the public are quick, as well as emotional, to react. In this paper, my objectives are to analyze specific examples of this CNN Effect phenomena within news coverage of the Syrian refugee crisis, as well as generally explain the negatively correlating relationship between …

Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan

Life of the Law School (1993- )

No abstract provided.

In Re Akhbar Beirut & Al Amin, Monica Hakimi

Articles

On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist's freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.

Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell

Georgetown Law Faculty Publications and Other Works

This article describes major changes in how video content and advertising is delivered to consumers. Digital technologies such as broadband allow consumers to stream or download programming. Smart phones and tablets allow consumers to view screen content virtually anywhere at any time. Advertising has become personalized and integrated with other content.

Despite these major changes in the media markets, the framework for regulating advertising to children has not changed very much since the 1990s. This article argues that the existing regulatory framework must be reinvented to protect children in the digital age. It uses Google’s recently introduced YouTube Kids app …

Cuba: Open For Business, But Media Beware, Jodi Benassi

Jodi Benassi

No abstract provided.

Media Ownership Regulations: A Comparative Perspective, Enrique Armijo

Georgia Journal of International & Comparative Law

No abstract provided.

Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper

Casey J Cooper

The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …

Fifteen Minutes Of Infamy: Privileged Reporting And The Problem Of Perpetual Reputational Harm, Richard J. Peltz-Steele

Richard J. Peltz-Steele

This Article provides an overview of the labyrinth of media tort defenses, specifically the four privileges – fair comment, fair report, neutral reportage, and wire service – that come into play when the media republish defamatory content about criminal suspects and defendants without specific intent to injure. The Article then discusses these privileges in light of a hypothetical case involving a highly publicized crime and an indicted suspect, against whom charges are later dropped, but who suffers perpetual reputational harm from the out-of-context republication online of news related to his indictment. The Article demonstrates how the four privileges would operate …

Overwhelmed By Big Consolidation: Bringing Back Regulation To Increase Diversity In Programming That Serves Minority Audiences, Caridad Austin

Federal Communications Law Journal

This Note addresses diversity in the media and the need for regulation that will enhance programming so that it is inclusive of minority audiences. It begins by analyzing the historical development of diversity in the media through landmark cases, such as Metro Broadcasting, Inc. v. Federal Communications Commission, and it addresses the consolidating effects of the Telecommunications Act of 1996 and the FCC's 2003 Report and Order. It argues that despite technological growth, the FCC's open market regulatory approach of the last three decades has resulted in a lack of diverse perspectives in the media and that the FCC needs …

Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble

Michigan Telecommunications & Technology Law Review

The Federal Communications Commission (FCC) recently proposed an Internet nondiscrimination rule: "Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner." Among other requests, the FCC sought comment on whether the proposed nondiscrimination rule would "promote free speech, civic participation, and democratic engagement," and whether it would "impose any burdens on access providers' speech that would be cognizable for purposes of the First Amendment." The purpose of this Article is to suggest that a wide range of responses to these First Amendment questions, offered by telecommunications providers …

Internet Governance And Democratic Legitimacy, Olivier Sylvain

Faculty Scholarship

Even as the Internet goes pop, federal policymakers continue to surrender their statutory obligation to regulate communications in the first instance to extralegal nongovernmental organizations comprised of technical experts. The Federal Communications Commission’s conclusion that a major broadband service provider's network management practices were unreasonable is a case in point. There, in the absence of any decisive legislative or even regulatory guidance, the FCC turned principally to the engineering principles on which the Internet Engineering Task Force bases transmission standards: to wit, (1) decentralization, (2) interoperability, and (3) user empowerment. This impulse to defer as a matter of course to …

The Failure Of Sexting Criminalization: A Plea For The Exercise Of Prosecutorial Restraint, Robert H. Wood

Michigan Telecommunications & Technology Law Review

The purpose of this Essay is to explore the various legal approaches to the sexting phenomenon through an analysis of a decision by the United States District Court for the Middle District of Pennsylvania, which granted a temporary restraining order enjoining the prosecution of sexting teens on constitutional grounds, and an examination of current and pending legislative attempts to deal with the sexting phenomenon. Section I describes the facts leading up to the district court decision and its subsequent holding. Section II examines the approaches to sexting prosecution and legislation taken by other states. Section III analyzes the legal issues …

Toward A Broadband Public Interest Standard, Anthony E. Varona

Articles in Law Reviews & Other Academic Journals

Although they emerged seven decades apart, commercial broadcasting and the Internet were greeted with similar excited declarations of their potential to transform American democracy by hosting an electronic free marketplace of ideas that would inform and enlighten citizens and catalyze discussion on issues of public importance. The federal government played a central role in the initial development and proliferation of both technologies, but then assumed very different regulatory orientations to the two industries once they were commercialized. In broadcasting, the government took on an interventionist posture promoting civic republican First Amendment values by means of a variety of public interest …

Fifteen Minutes Of Infamy: Privileged Reporting And The Problem Of Perpetual Reputational Harm, Richard J. Peltz-Steele

Faculty Publications

This Article provides an overview of the labyrinth of media tort defenses, specifically the four privileges – fair comment, fair report, neutral reportage, and wire service – that come into play when the media republish defamatory content about criminal suspects and defendants without specific intent to injure. The Article then discusses these privileges in light of a hypothetical case involving a highly publicized crime and an indicted suspect, against whom charges are later dropped, but who suffers perpetual reputational harm from the out-of-context republication online of news related to his indictment. The Article demonstrates how the four privileges would operate …

Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland

Erik Ugland

The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader legal framework that governs newsgathering. Resolving these conflicts has grown more urgent with the democratization of media and the emergence of bloggers and other news providers who have challenged traditional conceptions of “journalists” and “the press.” To settle these controversies, this Article moves past the courts’ desultory analyses, focuses on core principles, and …

Conflict, Terrorism And The Media In Asia, Rebekah L. Bina

Federal Communications Law Journal

Book Review: Conflict, Terrorism and the Media in Asia (Benjamin Cole ed., RoutledgeCurzon 2006) [hereinafter Cole].

The fourth and latest release in a series of publications on the impact of media and changes in societal culture in Asia, this book provides a study of the subnational conflicts across Asia and the global "War on Terror." The authors examine the condition of free press, access to media, and diversity in news reporting to explore how media is used as a tool to facilitate ideological coalition, shelter populations, and maintain political stability.

C-Span's Long And Winding Road To A Still Un-Televised Supreme Court, Bruce D. Collins

Michigan Law Review First Impressions

In 2005 when Senator Arlen Specter (R-PA) first proposed legislation requiring the Supreme Court of the United States to televise its oral arguments, he resuscitated a twenty-plus-years long effort by several news organizations to achieve the same goal. For at least that long, C-SPAN has been ready to provide the same kind of video coverage of the federal judiciary as it has been providing of the Congress and the president. If cameras are ever permitted in the high Court’s chamber, C-SPAN will televise every minute of every oral argument, frequently on a live basis, and will do so in its …

Will It Make My Job Easier, Or What's In It For Me?, Kenneth N. Flaxman

Michigan Law Review First Impressions

Putting aside philosophical questions about public access to government proceedings—what we now call “transparency”—and without regard to whether televising Supreme Court arguments is a logical extension of the common law’s “absolute personal right of reasonable access to court files” as described in 1977 by the Seventh Circuit in Rush v. United States, my real concern about whether Supreme Court arguments should be televised is somewhat narcissistic. Will it make my job—as a plaintiff’s civil rights lawyer who dabbles in criminal defense and post-conviction matters and who has had five adventures as “arguing counsel” in the Supreme Court—easier? I explain below …

Constitutional Etiquette And The Fate Of "Supreme Court Tv", Bruce Peabody

Michigan Law Review First Impressions

In traditional media outlets, on the Internet, and throughout the halls of Congress, debate about whether the Supreme Court should be required to televise its public proceedings is becoming more audible and focused. To date, these discussions have included such topics as the potential effects of broadcasting the Court, the constitutionality of Senator Arlen Specter’s current congressional initiative, S. 344, and how the public would use or abuse televised sessions of our highest tribunal.

The Right Legislation For The Wrong Reasons, Tony Mauro

Michigan Law Review First Impressions

Senator Arlen Specter took a bold and long-overdue step on January 22, 2007, when he introduced legislation that would require the Supreme Court to allow television coverage of its proceedings. But instead of making his case with a straightforward appeal to the public’s right to know, Specter has introduced arguments in favor of his bill that seem destined to antagonize the Court, drive it into the shadows, or both. Chances of passage might improve if Specter adjusts his tactics.

Gee Whiz, The Sky Is Falling!, Boyce F. Martin Jr.

Michigan Law Review First Impressions

I am reminded of Chicken Little’s famous mantra as I listen to some Supreme Court Justices’ reactions to the prospect of televising oral arguments. Their fears—such as Justice Kennedy’s warning that allowing cameras in the courtroom may change the Court’s dynamics—are, in my opinion, overblown. And some comments, most notably Justice Souter’s famous exclamation in a 1996 House subcommittee hearing that “the day you see a camera come into our courtroom, it’s going to roll over my dead body,” make it sound as if the Justices have forgotten that our nation’s court system belongs to the public, not merely the …

The Media And National Security, Robert A. Sedler

Law Faculty Research Publications

In our discussion of the media and national security, we begin with the First Amendment, not only with its legal doctrines and principles, but also with the values of the First Amendment and its function in a free and democratic society. We will first discuss how the First Amendment protects the media with respect to its disclosure of information purportedly affecting national security. We will then discuss the process by which the media voluntarily refuses to publish information on the ground that the disclosure of the information will seriously harm the national security. We will finally discuss the relationship between …

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 …

Granting Certiorari To Video Recording But Not To Televising, Scott C. Wilcox

Michigan Law Review First Impressions

Cameras are an understandable yet inapt target for Supreme Court Justices apprehensive about televising the high Court’s proceedings. Notwithstanding Justice Souter’s declaration to a congressional subcommittee in 1996 that cameras will have to roll over his dead body to enter the Court, the Justices’ public statements suggest that their objections are to televising—not to cameras. In fact, welcoming cameras to video record Court proceedings for archival purposes will serve the Justices’ interests well. Video recording can forestall legislation recently introduced in both houses of Congress that would require the Court to televise its proceedings. The Court’s desired result—the legislation disappearing …

Televising The Court: A Category Mistake (Symposium On Televising The Supreme Court), Christina B. Whitman

Articles

The idea of televising Supreme Court oral arguments is undeniably appealing. Consequently, it is not surprising that reporters and politicians have been pressuring the Court to take this step. The other branches have been media-friendly for years, and Supreme Court arguments are already open to the public. Why should those of us who neither reside in Washington, D.C. nor have the time to attend Court proceedings be asked to depend on reporters for descriptions of the event? Even lower courts permit cameras. There is an understandable hunger for anything that will help us understand these nine individuals who have so …

The Press As Interest Group: Mainstream Media In The United States Supreme Court, Eric B. Easton

ExpressO

This study explores the influence that news media organizations exert on the United States Supreme Court as parties and amici curiae. The study found, inter alia, that the media succeed more often than not, although by a relatively small margin, with far greater success in content-related than in newsgathering cases. Media organizations have been more successful as parties than as amici, and more successful against state and local government entities than against the federal government.