Communications Law Commons^™

Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien

Michigan Telecommunications & Technology Law Review

Communications systems are now wide open and fully accessible, with no limits in range, scope or geography. Targeted audiences are accessible with pinpoint accuracy. Messages reach millions of readers with one click. There is a chat room for everyone. Most importantly, there is no limit on content. Therefore, employees can register their dissatisfaction by posting a message in a chat room. Moreover, the identity of the posting employee is not easily discoverable due to anonymous and pseudonymous communications capabilities. The nature of these online messages is qualitatively different from real-world communications. By way of example, newspapers have a responsibility regarding …

Does Censorship Really Protect Children?, Michael Grossberg

Federal Communications Law Journal

Book Review: Not In Front of the Children, “Indecency,” Censorship, and the Innocence of Youth, Marjorie Heins, New York: Hill and Wang, 2001, 402 pages.

Marjorie Heins spent much of her career as a lawyer battling censorship with the American Civil Liberties Union. Today, she continues the fight as Director of the Free Expression Policy Project of the National Coalition Against Censorship. In an effort to understand the people who work to constrict the free flow of information, she stepped out of the trenches and into the library to do some research. Not In Front of the Children is the …

Injunctive Relief In The Internet Age: The Battle Between Free Speech And Trade Secrets, Adam W. Johnson

Federal Communications Law Journal

The information revolution has led to technological innovations in the movement, storage, and dissemination of information. The Internet allows a person, with good or bad intent, to distribute information to millions of people. This ability raises serious implications when trade secret information is the subject of Internet postings. Once a trade secret becomes publicly available, it loses its legal secrecy, and special legal protection. Additionally, competitors and everyone else on the Internet can gain access to the information. For those who rely on trade secret protection to guard their inventions, this presents a growing concern.

This Note will illustrate the …

Smut On The Small Screen: The Future Of Cable-Based Adult Entertainment Following United States V. Playboy Entertainment Group, Bradley A. Skafish

Federal Communications Law Journal

This Note argues that the most important aspect of Playboy is the Court's determination that cable television is not analogous to broadcast media. Provided it withstands the test of time, this distinction allows the cable industry to avoid the more stringent regime placed upon broadcast media. The Playboy decision also shows the Court's willingness to invalidate laws even when they serve a compelling interest and impose less restrictions than a complete ban. Members of the Court differed on whether "signal bleed" actually constituted an influence harmful to children. This discrepancy evinces a significant disagreement on where lines should be drawn …

Content-Based Regulation Of Electronic Media: Indecent Speech On The Internet, 21 J. Marshall J. Computer & Info. L. 19 (2002), Kelly M. Slavitt, Matthew Knorr

UIC John Marshall Journal of Information Technology & Privacy Law

Using an airing of the Victoria Secret fashion show as an example, the author explores the definition of "indecency" in media. She first discusses the how FCC treats indecency in traditional media (radio, broadcast TV and cable). Then, she addresses numerous failed attempts of applying indecency on the Internet. Consequently, she compares and contrasts the different media. Lastly, she suggests a solution in this regard that would likely pass constitutional muster. The FCC can impose fines or prison sentences on radio and broadcasting licensees for "uttering any obscene, indecent or profane language by means of radio communications." As for cable …

Law And Information Platforms, Philip J. Weiser

Publications

No abstract provided.

Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont

Michigan Telecommunications & Technology Law Review

The question of whether a state or the federal government can create a narrowly tailored restriction on cyberspace anonymity without violating the First Amendment remains unresolved[...]The Supreme Court has not directly addressed the issue, but it may soon consider the constitutionality of criminalizing certain kinds of cyber-anonymity in light of the unique nature of cyberspace. This comment explores the various forms of anonymity, examines the First Amendment status of anonymity in and outside of cyberspace, analyzes relevant scholarly commentary, and concludes that a narrowly tailored legislative restriction on "true" anonymity in cyberspace would not violate the First Amendment.

Rewriting Near V. Minnesota: Creating A Complete Definition Of Prior Restraint, Michael I. Meyerson

All Faculty Scholarship

The decision in Near v. Minnesota, while establishing the prior restraint doctrine as a critical element for First Amendment analysis, failed to give a definition of prior restraint. The result has been inconsistent and unpredictable application of the doctrine as well as diminished protection of free expression. This article takes the next critical step in the journey begun by Near v. Minnesota; it attempts to create a comprehensive definition of prior restraint using the principles of separation of powers. Because all three branches can create 'prior restraints,' the prevention of unconstitutional restraints will necessitate different safeguards depending on which branch …

Filth, Filtering, And The First Amendment: Ruminations On Public Libraries’ Use Of Internet Filtering Software, Bernard W. Bell

Federal Communications Law Journal

Traditionally, whenever the government has sought to regulate speech, analysis of its action focused on conventional issues, such as the type of forum involved, whether the government acted in a regulatory or a proprietary role, and whether the regulation could be defined as a prior restraint. With the advent of the Internet and the opportunity for the widespread dissemination of viewpoints, however, new issues have arisen. This Article focuses on the complex questions public libraries face when filtering material, usually of a sexually explicit nature, from the public using filtering software. This Article contends that public libraries require a unique …

Reconsidering The Federal Journalist's Privilege For Non-Confidential Information: Gonzales V. Nbc, Anthony L. Fargo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker

Federal Communications Law Journal

In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and …

Proactive Legislation And The First Amendment, Stuart Minor Benjamin

Michigan Law Review

It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …

Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum

Michigan Telecommunications & Technology Law Review

The purpose of this comment is to analyze the potential First Amendment implications of the appearance of bomb-making instructions on the Web in the United States. Moreover, this comment will ultimately consider the notion that "because Brandenburg allows consideration of all the unique characteristics of the Web, there is no reason to formulate new jurisprudence merely because of new technology." Part II examines the seminal cases in the area of speech action, including Schenck v. United States, Hess v. Indiana, and Brandenburg v. Ohio, and the adulations and criticisms that resulted from these cases. Part III discusses the civil cases …

Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel

Federal Communications Law Journal

Book Review: Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages.

Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono

Federal Communications Law Journal

Section 230 of the Communications Act provides online service providers (OSPs) with immunity from liability for harms arising from third-party content that is made available through an OSP's services. Some courts have recently held that section 230 immunity covers not only defamation but any tort claim that would make an OSP liable for information originating from the OSP's users or commercial partners. This Article argues that section 230 has been properly interpreted by the courts and that, contrary to the claims of critics, those decisions have not created a disincentive for OSPs aggressively to monitor their sites for defamatory or …

Editorial Rights Of Public Broadcasting Stations Vs. Access For Minor Political Candidates To Television Debates, Kyu Ho Youm

Federal Communications Law Journal

In Arkansas Education Television Commission v. Forbes, the Supreme Court of the United States held that a state-owned public station did not violate the First Amendment in excluding a third-party candidate from a political debate organized and broadcast by the television station because the debate was a nonpublic forum. In this Article, Professor Youm examines the constitutional and statutory framework on the access for political candidates to TV debates, the judicial interpretations of the political candidates' claim for access to public television debates, and the Supreme Court's balancing in Forbes of the conflicts between the candidates' access rights and the …

Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman

Federal Communications Law Journal

No abstract provided.

Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi

Articles

No abstract provided.

Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Cable Internet Unbundling: Local Leadership In The Deployment High Speed Access, Marcus Maher

Federal Communications Law Journal

With the pending merger of TCI and AT&T and their promise of "one-stop" television, Internet, and telephone service, the cable Internet issues move to the forefront. The desire of traditional Internet Service Providers to gain access to new high-speed technologies for Internet access led to requests for unbundling or open access to cable systems. Despite the heated debate on the need for unbundling that has occurred at the federal level, local authorities have taken the lead in requiring open access to cable for competing ISPs. General anticompetitive concerns with cable Internet dominated by the cable company could be alleviated in …

The Constitutionality Of The Driver’S Privacy Protection Act: A Fork In The Information Access Road, Angela R. Karras

Federal Communications Law Journal

The Driver's Privacy Protection Act, instituted in 1997, regulates the disclosure of personal information in motor vehicle records. New controversy surrounds it today as the U.S. Supreme Court evaluates the arguments presented in November 1999 regarding its constitutionality. A split among circuit courts, coupled with the tremendous growth in technology and subsequent new in-roads for information access, draw increased attention toward the Act. The concern for information access in light of the Act, however, reaches beyond the courts' elucidated concerns about dual sovereignty and the public's right to privacy. This Note argues that there is a forgotten argument: the Act's …

Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick

Michigan Law Review

Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …

Equality In The Information Age, William E. Kennard

Federal Communications Law Journal

Forum: New Approaches to Minority Media Ownership, Columbia Institute for Tele-Information, Columbia University.

The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams

Federal Communications Law Journal

The Internet environment has presented copyright law with a development unlike any other this century. The illegal trading of copyrighted works has become easier than ever. Until recently, it was possible to hold online service providers strictly liable for the infringing actions of their users, regardless of whether the provider had knowledge of any infringing activity. While promoting the policy of copyright law, upholding such a standard had the potential to limit Internet speech and retard its growth. Seeing this, Congress began to debate on legislation that would protect innocent service providers from this liability. This Note argues that with …

The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon

Federal Communications Law Journal

This Comment argues that IP telephony, like handbills and traditional print media, deserves First Amendment protection against FCC regulatory authority. After briefly reviewing the IP telephony phenomenon within the larger context of "digital convergence," the Comment examines the FCC and Supreme Court’s technologically driven First Amendment jurisprudence—particularly, the First Amendment’s conspicuous absence from the IP telephony dialogue, and, correspondingly, the prominence of assurances of regulatory forbearance in Congress, the courts, and the FCC. In response, the Author offers First Amendment content-based and content-neutral arguments against the proposed telephony regulations. At the very least, the affordability and innovation IP telephony offers …

Betting On The Net: An Analysis Of The Government’S Role In Addressing Internet Gambling, Stevie A. Kish

Federal Communications Law Journal

The Internet Gambling Prohibition Act represents the U.S. Senate’s response to the development of a new online industry—Internet gambling. While this ban could arguably reduce the dangers associated with Internet gambling, such as fraud and addiction, it can only do so by exacting a substantial cost on principles of federalism. Rather than enacting this federal prohibition, Congress should instead leave the issue of whether Internet gambling should be legalized to the states.

Building Castles Made Of Glass—Security On The Internet, Joe Baladi

University of Arkansas at Little Rock Law Review

No abstract provided.

Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Voyeurism Value In First Amendment Jurisprudence, Clay Calvert

Cardozo Arts & Entertainment Law Journal

No abstract provided.