Communications Law Commons^™

Information Law Overview, 18 J. Marshall L. Rev. 815 (1985), George B. Trubow

UIC Law Review

No abstract provided.

Cordless Telephones And The Fourth Amendment: A Trap For The Unwary Consumer, Mark S. Snell

Kentucky Law Journal

No abstract provided.

Public Access Channels In Cable Television: The Economic Scarcity Rationale Of Berkshire V. Burke, Laurel L.F. Garrett

Kentucky Law Journal

No abstract provided.

Cablespeech For Whom?, Mark S. Nadel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Defamation, Public Officialdom And The Rosenblatt V. Baer Criteria—A Proposal For Revivification: Two Decades After New York Times Co. V. Sullivan, David Elder

Buffalo Law Review

No abstract provided.

Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen

University of Michigan Journal of Law Reform

This Note advocates recognition of a constitutional right of press access to evidentiary recordings in criminal trials. It proposes methods for accommodating the competing rights of the news media to have access to evidentiary recordings used in criminal trials and the right of criminal defendants to a fair trial. Part I examines the source of controversy and sets forth the limitations inherent in the current common law presumption of press access to judicial records. Part II disusses the underlying values that require recognition of the constitutional right and suggests that such a right can be accommodated with a defendant's right …

A Free Press: The Forgotten Issue In Home Placement V. Providence Journal, Robert J. Curran

Seattle University Law Review

This Note demonstrates that the court's decision in Home Placement did infringe upon protected first amendment activity. Since free speech and free press guarantees were threatened by the government's action, the court should have balanced the competing interests and held in favor of Home Placement only upon a showing of a compelling state interest. After examining the interests of the advertiser, the reader, the government, and the newspaper, this Note concludes that the newspaper's right to control its message and to make editorial decisions free from the threat of governmental interference overbalance the antitrust claim made in this case. A …

Agudat Derekh Eretz V. Broadcasting Authority, Moshe Landau, Aharon Barak, Meir Shamgar, Moshe Bejski, Miriam Ben-Porat

Translated Opinions

The Elections (Modes of Propaganda) Law, 1959, provides free radio and television broadcasting time for each of the party lists participating in the Knesset elections. Until 1981, that Law provided that each such party shall receive 25 minutes on the radio and 10 minutes on television, and that each party represented in the outgoing Knesset shall receive an additional four minutes radio time and four minutes television time in respect of each of its members in the outgoing Knesset. An amendment of that Law in 1981 reduced the time allotted to each party participating in the election to 23 minutes …

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

All Faculty Scholarship

This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.

Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Federal Communications Commission - Fairness Doctrine - Requirement That A Fairness Doctrine Complaint Establish A Prima Facie Case Defining A Specific Issue, Doris Del Tosto

Villanova Law Review (1956 - )

No abstract provided.

Federal Communications Commission V. Midwest Video Corporation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison

Villanova Law Review (1956 - )

No abstract provided.

Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law—Freedom Of The Press—Newsman's Privilege To Refuse Disclosure Of Confidential Sources In Criminal Trial—Farr V. Pitchess, 522 F.2d 464 (9th Cir. 1975), Cert. Denied, 98 S. Ct. 3200 (1976), Brian A. Morrison

Washington Law Review

Although interpreting prior case law to create a limited constitutional newsman's privilege, the Farr court did not adequately weigh the appropriate competing interests in denying the reporter's privilege to protect the confidentiality of his sources. This note will suggest that the court's overreliance upon the fair trial interest and its failure to analyze the newsman's testimonial privilege precluded the court from effectively utilizing the balancing test it stated to be applicable. As will be demonstrated, evaluation of the first amendment interest, when weighed against the opposing need for disclosure, should have led to a contrary decision in Farr.

Constitutional Law - First Amendment - Freedom Of Speech And Press - New York Times Standard Is Inapplicable To A Defamed Individual Who Is Neither A Public Official Nor A Public Figure, And Only Actual Injury Is Compensable Absent Showing Of Actual Malice, William E. Molchen Ii

Villanova Law Review (1956 - )

No abstract provided.

Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review

Michigan Law Review

Gravel v. United States, which arose out of Senator Mike Gravel's attempt to publicize the Pentagon Papers, concerned the scope of the immunity conferred upon a legislator and his aide under article I, section 6, of the United States Constitution. This provision, commonly called the "speech or debate clause," provides that "for any Speech or Debate in either House, [United States Senators or Representatives] shall not be questioned in any other Place." Gravel is one of the few Supreme Court interpretations of this clause.

United States Civil Service Commission V. National Association Of Letter Carriers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Cbs V. Democratic National Committee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Further Limits On Libel Actions - Extension Of The New York Times Rule To Libels Arising From Discussion Of Public Issues, W. H. Flamm Jr.

Villanova Law Review (1956 - )

No abstract provided.

Federal Communications Commission's Fairness Regulations A First Steptowards Creation Of A Right Of Access To The Mass Media, Michael Botein

Articles & Chapters

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults

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Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition

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Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement

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Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Constitutional Law-Freedom Of The Press-Right Of News Media Personnel To Refuse To Disclose Confidenial Sources Of Information, Francis X. Beytagh Jr., S.Ed

Michigan Law Review

A former personnel director of a local Civil Service Commission instituted an action for reinstatement to that position, alleging that her recent ouster was illegal. In preparing for trial, defendant commission members took the deposition of a reporter for a local newspaper. Appellant reporter stated on direct examination that his suspicions regarding a contemplated attempt to fire plaintiff were in part based on certain information received from a confidential source. On pre-trial cross-examination appellant refused to disclose the source of this information, and plaintiff obtained a court order directing him to do so. On interlocutory appeal, held, order affirmed, …

Constitutional Law--Search And Seizure--Telecommunications, William Warren Upton

West Virginia Law Review

No abstract provided.

The Eavesdroppers, By Samuel Dash, Alfred Alvins

Indiana Law Journal

No abstract provided.

Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.

Michigan Law Review

Defendant, a West Virginia corporation, operated a television station in Huntington, West Virginia. Its telecasts regularly reached into Boyd County, Kentucky, where part of its customary viewing audience was located. During a twelve-month period in 1954-1955 the corporation derived $71,310.30 in advertising revenue from Kentucky firms, although the contracts for this advertising were made outside Kentucky. In the course of a newscast defendant published an alleged libel against plaintiff, and suit was brought in Boyd County Court. Substituted service of process was made on the Secretary of State in accordance with the Kentucky "doing business" statute, and defendant then removed …

Contempt By Publication

Indiana Law Journal

Constitutional Law Note