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Full-Text Articles in Law
Fast Forward 50 Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy Sanders
Fast Forward 50 Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy Sanders
Amy Kristin Sanders
Our ability to communicate instantly across geographic borders and to connect with old friends using social media has changed the way we think about community, moving us from a simple geographic analysis to a much more difficult determination. The speed with which messages travel can amplify the amount of damage to reputation by increasing the number of people who come into contact with defamatory speech. As a result, the traditional rules of defamation law must change to accommodate changes in how we communicate. The Internet has complicated the distinction between public and private figures in modern defamation law—a distinction critical …
Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders
Bloggers As Limited-Purpose Public Figures: New Standards For A New Media Platform, Amy Sanders
Amy Kristin Sanders
The traditional public-figure doctrine must be adapted to the new faces of online media and the ever-changing conversation outlets available to news consumers on the Internet. After reviewing the traditional tests for plaintiff status determinations in defamation cases, this article establishes a legal standard that American courts should use to determine plaintiff status in cases involving bloggers who sue for defamation. It establishes the proper level of notoriety bloggers must attain before they are considered limited-purpose public figures. Using specific examples from relevant jurisprudence involving both traditional media defamation cases and online defamation cases, this article outlines a three-part test …
When Is Enough Too Much? The Broadcast Decency Enforcement Act Of 2005 And The Eighth Amendment’S Prohibition On Excessive Fines, Amy Sanders
Amy Kristin Sanders
The next slip of the tongue or of the blouse will hit broadcasters where it hurts: their wallet. With the recent passage of the Broadcast Decency Enforcement Act of 2005 ("BDEA"), Congress raised potential fines ten-fold in an attempt to clean up the airwaves and prevent the televised snafus that have occurred with increasing frequency during the past five years. From the broadcast of a barely covered breast during the 2004 Super Bowl to the on-air announcement of a four-letter expletive on a prime-time awards show, indecent expression has attracted the attention of the general public, advocacy groups, the Federal …
Market Definition, Merger Review, And Media Monopolization: Congressional Approval Of The Corporate Voice Through The Newspaper Preservation Act, Amy Sanders
Amy Kristin Sanders
In this Article, the Author examines the Newspaper Preservation Act, a federal antitrust exemption for newspapers, in light of the changing landscape of media ownership. After doing so, she argues that federal merger review for media companies should be revised to include a broader definition of 'geographic market' and a more restrictive definition of 'failing firm' to discourage the corporatization of the media.