Law Commons^™

Mass Communication Law And Policy Research And The Values Of Free Expression, Edward L. Carter

Faculty Publications

Mass communication law and policy research, including on values and theory of freedom of expression, has played an important role in Journalism & Mass Communication Quarterly for decades. Mass communication law research in Quarterly reached a high point with a special issue on the First Amendment in 1992 and numerous articles in the decade that followed. A relationship is explored between First Amendment theory and structural archetypes of constitutional argument. Future research could focus on international law and contemporary challenges involving technology, surveillance and changes in democratic citizenship.

U.S. Media Law Update, Lyrissa Lidsky, Racheal Jones

Faculty Publications

In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is content-based …

Abc V. Aereo And The Humble Judge, James Y. Stern

Faculty Publications

No abstract provided.

Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin

Faculty Publications

No abstract provided.

Not A Free Press Court?, Lyrissa Lidsky

Faculty Publications

The last decade has been tumultuous for print and broadcast media. Daily newspaper circulation continues to fall precipitously, magazines struggle to survive, and network television audiences keep shrinking. In the meanwhile, cable news is prospering, mobile devices are contributing to increased news consumption, and many new media outlets appear to be thriving. Despite the dynamism in the media industry, the Supreme Court under Chief Justice John Roberts has taken up relatively few First Amendment cases directly involving the media. The Court has addressed a number of important free speech cases since 2005, but thus far the only Roberts Court decisions …

Plurality Of Political Opinion And The Concentration Of Media In The United States, William B. Fisch

Faculty Publications

This paper reviews regulatory efforts of the U.S. federal govern- ment to promote viewpoint diversity in broadcast media (radio, television, cable, and satellite) in the face of increasing concentration of ownership of such media, and the impact on such efforts of the free- doms of speech and press embodied in the First Amendment to the federal constitution. With respect to this issue, the regulatory work has been done overwhelmingly by the Federal Communications Commis- sion, operating under an act of Congress which has been amended from time to time to push the FCC in particular directions. The anti- trust laws …

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 …

Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv

Faculty Publications

Affordable access to telecommunications networks is extremely important to all Americans. The federal universal service policy is critical to ensuring affordable access for low income Americans and those living in rural and high cost areas, and on tribal lands. Consequently the nation’s commitment to preserving universal service has been longstanding and continues to this day.

While reform of the telecommunications universal service policy is clearly warranted, ignoring the impact of IP-enabled intermodal competition is counterproductive. In an era of IP-enabled convergence, ultimately, proposals and policies that solely focus on one technology platform will be less successful. Too often they will …

Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski

Faculty Publications

Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik

Faculty Publications

With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a …

Media Law & Ethics Enter The 21st Century, Introduction To Symposium, Richard J. Peltz-Steele

Faculty Publications

We stand now on the verge of the twenty-first century: an artificial construct yes, but a culturally significant time nonetheless. We are the world the Hutchins Commission foresaw: the world of nations seeking understanding, seeking destiny. We will not predict the future with perfect accuracy, though we will try, because that is out nature. In our effort, we must be mindful that the questions we are asking are not new; they have been asked before and will be asked again. But let us see what we have to say about them today.

The Culture Of Regulation, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Telecommunications Act Of 1996, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

Responses, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

Converging First Amendment Principles For Converging Communications Media, Thomas G. Krattenmaker, L. A. Powe Jr.

Faculty Publications

No abstract provided.

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Faculty Publications

No abstract provided.

Metro Broadcasting, Inc. V. Fcc: Requiem For A Heavyweight, Neal Devins

Faculty Publications

No abstract provided.

The Local Service Concept In Broadcasting: An Evaluation And Recommendation For Change, Tom A. Collins

Faculty Publications

No abstract provided.