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Articles 661 - 690 of 798

Full-Text Articles in Communications Law

"Chilling" The Internet? Lessons From Fcc Regulation Of Radio Broadcasting , Thomas W. Hazlett, David W. Sosa Jun 1998

"Chilling" The Internet? Lessons From Fcc Regulation Of Radio Broadcasting , Thomas W. Hazlett, David W. Sosa

Michigan Telecommunications & Technology Law Review

Congress included the Communications Decency Act (CDA) in the Telecommunications Act signed into law on February 8, 1996. The bill seeks to outlaw the use of computers and phone lines to transmit "indecent" material with provisions of jail terms and heavy fines for violators. Proponents of the bill argue it is necessary to protect minors from undesirable speech on the Internet. The CDA was immediately challenged in court by the American Civil Liberties Union, and the special 3-judge federal panel established to hear the case recently declared the Act unconstitutional. Yet, its ultimate adjudication remains in doubt. Ominously, the federal …

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Moving Toward Neutrality: The National Telecommunications And Information Administration's New Stance On Sectarian Programming, Nancy L. Reynolds May 1998

Moving Toward Neutrality: The National Telecommunications And Information Administration's New Stance On Sectarian Programming, Nancy L. Reynolds

Federal Communications Law Journal

The National Telecommunications and Information Administration (NTIA) has recently reinterpreted its funding policy regarding religious programming to create a policy more consistent with the religion clauses of the First Amendment and more responsive to the goal of government neutrality toward religion. Until 1996, the NTIA categorically denied all funding to government programming that provided any incidental or attenuated benefit to religion. However, in light of recent Establishment Clause cases, the NTIA modified its interpretation of sectarian programming, allowing a radio station to receive government funding even if its programming provides an attenuated or incidental benefit to religion. The NTIA's new …

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Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll May 1998

Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll

Federal Communications Law Journal

In 1980 the Supreme Court decided Central Hudson and, in so doing, articulated the parameters of the modern commercial speech doctrine. In providing a four-part test to determine the validity of government efforts to restrict commercial speech, the Court engaged in "intermediate scrutiny" and created the expectation among free speech advocates that the Court was finally ready to provide higher measure of constitutional protection to commercial speech. In the nearly fifteen years after Central Hudson, these advocates have been disappointed as the Court has inconsistently weighed the factors that comprise the test. The opportunity to adopt a less- manipulative …

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First Amendment Trump?: The Uncertain Constitutionalization Of Structural Regulation Separating Telephone And Video, Susan Dente Ross Mar 1998

First Amendment Trump?: The Uncertain Constitutionalization Of Structural Regulation Separating Telephone And Video, Susan Dente Ross

Federal Communications Law Journal

The Cable Act of 1984 contained a "cross-ownership" ban, which prohibited telephone companies from entering the local cable video market. Although the ban was challenged by telephone carriers on numerous grounds, the First Amendment was not the basis of any challenge until the mid-1990s when telephone companies sought to characterize themselves not just as carriers but as content suppliers, or "speakers," who were deprived of their right to speak as a result of common carrier regulations that were intended merely to control the economic structure of the communications industry. Using the First Amendment as a new-found constitutional weapon to challenge …

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In Search Of A Smoking Gun: Tortious Interference With Nondisclosure Agreements As An Obstacle To Newsgathering, Mark J. Chasteen Mar 1998

In Search Of A Smoking Gun: Tortious Interference With Nondisclosure Agreements As An Obstacle To Newsgathering, Mark J. Chasteen

Federal Communications Law Journal

In November 1995, the prominent CBS newsmagazine 60 Minutes refrained from broadcasting an important interview with a former vice president of Brown & Williamson for fear of being liable for tortiously interfering with a confidentiality agreement between the employee and the tobacco company. This event illustrates a new concern facing media: specifically whether liability arises from broadcasting information that would be considered protected speech had the source not been a party to a nondisclosure agreement. It also illustrates an area of First Amendment jurisprudence that is as yet uncharted and for which there is no established standard that is easily …

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The Pentagon Papers - Victory For A Free Press, William R. Glendon Mar 1998

The Pentagon Papers - Victory For A Free Press, William R. Glendon

Cardozo Law Review

No abstract provided.

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Freedom Of The Press And The Business Of Journalism: The Myth Of Democratic Competition In The Marketplace Of Ideas, 67 Rev. Jur. U.P.R. 447 (1998), Alberto Bernabe Jan 1998

Freedom Of The Press And The Business Of Journalism: The Myth Of Democratic Competition In The Marketplace Of Ideas, 67 Rev. Jur. U.P.R. 447 (1998), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Public Interest Regulation In The Digital Tv Era, Henry Geller Jan 1998

Public Interest Regulation In The Digital Tv Era, Henry Geller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman Jan 1998

Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster Jun 1997

Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster

Michigan Telecommunications & Technology Law Review

National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …

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Combatting Slapps: Absolutism Is Not The Answer, Daniel O. Conkle Apr 1997

Combatting Slapps: Absolutism Is Not The Answer, Daniel O. Conkle

Federal Communications Law Journal

Book Review: SLAPPs: Getting Sued for Speaking Out, by George W. Pring and Penelope Canan, Temple University Press, 1996, 279 pages.

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How Far Is Too Far? The Line Between "Offensive" And "Indecent" Speech, Milagros Rivera-Sanchez Feb 1997

How Far Is Too Far? The Line Between "Offensive" And "Indecent" Speech, Milagros Rivera-Sanchez

Federal Communications Law Journal

Defining "indecency" in the context of radio broadcast seems quite a chore. While the Federal Communications Commission has struggled to set fbrth workable guidelines for "indecency," a great deal of uncertainty continues to surround broadcasters. Recognizing this confusion, the article surveys indecency complaints which were made to the FCC between 1989 and 1995 and eventually dismissed. An analysis of cases which the FCC fbund "not actionably indecent" helps delineate the FCC's decency standard. Dismissed cases are also compared and contrasted with cases in which the FCC took action against a broadcaster

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The Association Of American Law Schools, Section On Mass Communications Law 1997 Annual Conference Panel: Sex, Violence, Children & The Media: Legal, Historical &Empirical Perspectives, Lili Levi Jan 1997

The Association Of American Law Schools, Section On Mass Communications Law 1997 Annual Conference Panel: Sex, Violence, Children & The Media: Legal, Historical &Empirical; Perspectives, Lili Levi

Articles

No abstract provided.

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The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon Jan 1997

The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon

Richmond Journal of Law & Technology

On February 8, 1996, President Clinton signed the Telecommunications Act of 1996 into law and explained that the legislation would "stimulate investment, promote competition, [and] provide open access for all citizens to the Information Superhighway." However, contrary to the goal of "opening wide the door to the Information Age," provisions of the Act violate the Constitution's First Amendment guarantee of freedom of speech by imposing far-reaching new federal criminal liabilities on Americans who exercise their free speech rights on the Internet. In particular, a little-noticed provision of the Act, which expands an 1873 law banning abortion-related speech by criminalizing Internet …

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Foreword: The New Estates, Lance Liebman Jan 1997

Foreword: The New Estates, Lance Liebman

Faculty Scholarship

Telecommunications Law is under pressure from fast-paced technological advances and changes in the industry structure. As the high-stakes debates plays itself out in federal and state legislatures, agencies and courts, the academic study is struggling to catch up. The author poses provocative questions about the present and future of Telecommunications Law. Of paramount interest are the ill-fitting legal categories that continue to influence crucial determinations about the level of First Amendment protection accorded various communications media, and the reach of Constitutional Takings doctrine that pits incumbent regulated industries against government regulators and up-start competitors looking to shake-up the established order. …

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Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson Nov 1996

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.

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The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton Jun 1996

The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton

Michigan Law Review

This Note considers the constitutionality of the FCC's regulations implementing the no-recorded-message provision of the 1991 TCPA and concludes that they violate the First Amendment because they impermissibly distinguish between commercial and noncommercial speech. Part I explains the structure of the FCC's recorded-message regulations and demonstrates that the regulations explicitly distinguish commercial recorded messages from other recorded messages. Part II examines First Amendment protection for commercial speech in light of three 1993 Supreme Court decisions that restructured commercial speech doctrine by holding that the government can single out commercial speech for regulation only in response to a distinct harm arising …

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Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther Mar 1996

Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther

Cardozo Law Review

One of the doubts raised against discourse theory by many critics concerns the place of the individual. Liberals especially fear that the individual gets involved in a system of obligations which is derived from certain pragmatical presuppositions of communication and which forces the individual to participate in discourses whenever he or she pursues his or her own happiness in society. But Jacques Derrida too, who could scarcely be called a "liberal" in the traditional sense, characterizes those presuppositions of communication which entail an obligation for the speaker and the hearer as "violence." For these critics, it must now be a …

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Introduction - Safe Harbors And Stern Warnings: Fcc Regulation Of Indecent Broadcasting, Richard C. Turkington Jan 1996

Introduction - Safe Harbors And Stern Warnings: Fcc Regulation Of Indecent Broadcasting, Richard C. Turkington

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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The Influence Of The United States Court Of Appeals For The District Of Columbia Circuit On Broadcast Indecency Policy, Jeremy Harris Lipschultz Jan 1996

The Influence Of The United States Court Of Appeals For The District Of Columbia Circuit On Broadcast Indecency Policy, Jeremy Harris Lipschultz

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Vagueness And Indecency, Jonathan Weinberg Jan 1996

Vagueness And Indecency, Jonathan Weinberg

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe Jan 1996

Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson Jan 1996

Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson

Richmond Journal of Law & Technology

The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …

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The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller Jan 1996

The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller

University of Michigan Journal of Law Reform

In the wake of Philip Morris' multi-billion dollar libel suit against ABC, a Virginia court has sanctioned a new method of discovery that promises to have an unsettling impact on the reporter's privilege to protect confidential sources. In Philip Morris Cos. v. American Broadcasting Cos., the tobacco giant moved to compel disclosure of the identity of a former R.J. Reynolds manager who suggested on ABC's Day One news program that tobacco companies add nicotine to the cigarettes they manufacture. At the same time, Philip Morris issued subpoenas for the expense records of two ABC employees who wrote and produced …

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Telephone Companies, The First Amendment, And Technological Convergence, Fred H. Cate Jan 1996

Telephone Companies, The First Amendment, And Technological Convergence, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

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The Evening Hours During Pacifica Standard Time, C. Edwin Baker Jan 1996

The Evening Hours During Pacifica Standard Time, C. Edwin Baker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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A Historical Perspective On The Protection Of Children From Broadcasting Indecency, Edythe Wise Jan 1996

A Historical Perspective On The Protection Of Children From Broadcasting Indecency, Edythe Wise

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Indecent Proposals: Reason, Restraint And Responsibility In The Regulation Of Indecency, Allen S. Iv Hammond Jan 1996

Indecent Proposals: Reason, Restraint And Responsibility In The Regulation Of Indecency, Allen S. Iv Hammond

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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The Supreme Court Turns Its Back On The First Amendment, The 1992 Cable Act And The First Amendment: Turner Broadcasting System, Inc. V. Fcc, Holli K. Sands Jan 1996

The Supreme Court Turns Its Back On The First Amendment, The 1992 Cable Act And The First Amendment: Turner Broadcasting System, Inc. V. Fcc, Holli K. Sands

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi Jan 1996

The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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