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Articles 1 - 30 of 43
Full-Text Articles in Communications Law
Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal
Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal
West Chester University Master’s Theses
Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …
Developing A Fact-Checking Model For Election Disinformation, Kenneth Kiunga
Developing A Fact-Checking Model For Election Disinformation, Kenneth Kiunga
Theses & Dissertations
Disinformation poses an increasing threat to the integrity of electoral processes. This research endeavoured to design a fact-checking model that can be used in an electoral cycle in Kenya. Through interviews and document analysis, the study first sought to analyze the efficacy and challenges of the strategies that media organizations in Kenya used to fact-check digital content during the August 2022 elections. The critical examination of the framework used by the African Infodemic Response Alliance informed the development of an electoral fact-checking model. The study found that the strategies that the media organizations used to verify online information in the …
The “End” Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli
The “End” Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli
Faculty Scholarship
This essay has observed that, when times are tumultuous, third parties who intend to be neutral may need some mooring beyond the norms that are shifting. It argues that neutrality is an unsatisfying value in such times and suggests that neutrals look to the deeper values of their field. It proposes human dignity as a good place to begin, and it invites others to explore whether an initial commitment to the inherent worth of every person would make a helpful difference in practice.
The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin
The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin
Open Educational Resources
Using episodes from the show Black Mirror as a study tool - a show that features tales that explore techno-paranoia - the course analyzes legal and policy considerations of futuristic or hypothetical case studies. The case studies tap into the collective unease about the modern world and bring up a variety of fascinating key philosophical, legal, and economic-based questions.
“Opening The Door” To Presidential Press Conferences: A Framework For The Right Of Press Access, Alexandria R. Taylor
“Opening The Door” To Presidential Press Conferences: A Framework For The Right Of Press Access, Alexandria R. Taylor
Washington and Lee Journal of Civil Rights and Social Justice
Since President Donald Trump took office in 2017, there has been tension between the White House and the press. While this tension has been present in prior presidencies, its current manifestation raises important First Amendment issues. This Note discusses the limitations of the President to restrict the press’s right of First Amendment access to presidential press conferences. After delving into the Supreme Court’s development and recognition of the press’s right of access and how the lower courts have interpreted this right, this Note proposes a framework to analyze the press’s right of access and addresses the question of when and …
The Government Has Information Foia (For Ya): An Analysis Of Requesting Police Records In Collegedale, Tennessee And Athens, Georgia, Tierra Hayes
Senior Research Projects
The Freedom of Information Act first went into effect in 1967 and was intended to give the general public of the United States more access to information and documents held by government entities. Since enactment, this act has given specifically journalists a means of approach to request previously undisclosed or hard to access materials including, but not limited to, police reports, body camera footage, court filings, budgets, salaries, and other documents held by various government offices. While there are restrictions with considerations such as national security, this access can be seen on national, state, and, as assessed in this research, …
Extending The Roberts Court’S Affirmation Of Individual Expressive Rights To The First Amendment Claim In Masterpiece Cakeshop, Nancy J. Whitmore
Extending The Roberts Court’S Affirmation Of Individual Expressive Rights To The First Amendment Claim In Masterpiece Cakeshop, Nancy J. Whitmore
Scholarship and Professional Work - Communication
No abstract provided.
Does The Press Have A Right To Be Wrong?: Fake News, Press Freedom, And Defamation Law In 2021, Nathan T. Danielson
Does The Press Have A Right To Be Wrong?: Fake News, Press Freedom, And Defamation Law In 2021, Nathan T. Danielson
Journalism
The following study analyzes defamation lawsuits filed against Fox News and its on-air personalities by companies that manufactured and maintained voting machines used in the 2020 US presidential election. Smartmatic and Dominion accused Fox in court of broadcasting debunked allegations that the companies had rigged the election against incumbent president (and longtime Fox viewer) Donald Trump. The size of the sought-after damages, and the size of Fox itself, make this the largest “fake news suit” in history. This study explores the merits of the suits, defenses to defamation (particularly opinion, political speech, and retraction) and the potential ramifications of a …
Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan
Florida’S Public Records Law: Its Role In A Tragedy During Hurricane Irma, Patrick Sheehan
College of Journalism and Mass Communications: Theses
The Facts:On September 10, 2017, Hurricane Irma made landfall in Florida, and wreaked havoc across the state causing structural damage, flooding, and power outages. Among those effected by the power outage was the Hollywood Hills Rehabilitation Center, a nursing home in Hollywood, Florida. In preparation of the impending storm, the governor of Florida, Rick Scott, held “teleconference calls (Spencer, Kennedy, Licon, & Associated Press, 2018),”with nursing home and hospital officials, as well as emergency managers. During these conference calls, Scott gave top nursing home executives his personal cell phone number and told these executives should they experience any issues, they …
Syrian Crisis Representation In The Media: The Cnn Effect, Framing, And Tone, Savannah S. Day
Syrian Crisis Representation In The Media: The Cnn Effect, Framing, And Tone, Savannah S. Day
Venture: The University of Mississippi Undergraduate Research Journal
Over the past seven years of the Syrian Civil War, Syrian refugees have been painted in a negative light by news media outlets around the world. History of media coverage regarding global humanitarian crises shows that with various tools and processes, media can shape public opinion and policy in whichever direction it desires, and oftentimes policymakers and the public are quick, as well as emotional, to react. In this paper, my objectives are to analyze specific examples of this CNN Effect phenomena within news coverage of the Syrian refugee crisis, as well as generally explain the negatively correlating relationship between …
Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker
Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker
UNO Student Research and Creative Activity Fair
An important issue in modern communication law and policy is the emergence of harassment via the Internet and social media. One form of such harassment is revenge pornography, the sharing of sexual images or videos without the consent of the individual depicted, usually at the hands of an ex-lover. In punishing the posters and purveyors of revenge pornography, perpetrators are often convicted of unrelated crimes such as identify theft or fraud, furthering the silence of revenge pornography. This new challenge in law raises some serious questions about the intersections of obscenity, privacy and the First Amendment in the effort to …
The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson
The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson
Journalism
The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …
Confidential Sources: The Public Interest In Keeping Secrets, Brian Rogers, Kevin Donovan, Gail C. Cove, Jamie Cameron, Julian Sher
Confidential Sources: The Public Interest In Keeping Secrets, Brian Rogers, Kevin Donovan, Gail C. Cove, Jamie Cameron, Julian Sher
Jamie Cameron
"Confidential sources: The public interest in keeping secrets What is different about confidential newsgathering sources? Why is it in the public interest to protect these sources, and when is it more important to know who they are? How do shield laws work in the US, and who should set the rules for confidential sources -- the courts or the legislatures?"
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh
All Faculty Scholarship
This is a follow-up piece to Professor Balganesh's 'Hot News': The Enduring Myth of Property in News, 111 COLUM. L. REV. 419 (2011), based on the Second Circuit's decision in Barclays Capital Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011).
Privacy Law And The Internet Using Facebook.Com As A Case Study, Amelia D. Grubbs
Privacy Law And The Internet Using Facebook.Com As A Case Study, Amelia D. Grubbs
Chancellor’s Honors Program Projects
No abstract provided.
Can Google-Tv Help Liberate Cable-Tv?, Erik Ugland
Australia’S Media Climate:Time To Renegotiate Control, Jane Johnston, Mark Pearson
Australia’S Media Climate:Time To Renegotiate Control, Jane Johnston, Mark Pearson
Jane Johnston
In 2007, Australia was rated by two international media bodies as well down the chain in media freedom. Within its own borders, internal media groups—in particular the Australian Press Council and the Media Entertainment and Arts Alliance, as well as a consortium of major employer groups—have recently released reports investigating the position of media freedoms. This article examines a select few of these shrinking freedoms which range from the passive restrictions on access to documents to the overt threat of imprisonment for publishing sensitive material. In particular, it considers laws relating to freedom of information, camera access to courts, shield …
The Reporter's Privilege Goes Incognito In Wisconsin, Erik Ugland
The Reporter's Privilege Goes Incognito In Wisconsin, Erik Ugland
Erik Ugland
No abstract provided.
'My Little Genius' And The Role Of The Fcc, Erik Ugland
'My Little Genius' And The Role Of The Fcc, Erik Ugland
Erik Ugland
No abstract provided.
The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland
The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland
Erik Ugland
No abstract provided.
Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe
Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe
Erik Ugland
One of the most common yet understudied means of suppressing free expression on college and university campuses is the theft of freely-distributed student publications, particularly newspapers. This study examines news accounts of nearly 300 newspaper theft incidents at colleges and universities between 1995 and 2008 in order to identify the manifestations and consequences of this peculiar form of censorship, and to augment existing research on censorship and tolerance by looking not at what people say about free expression but at what they do when they have the power of censorship in their own hands. Among the key findings is that …
Viewpoint Diversity And Media Consolidation: An Empirical Study, Daniel E. Ho, Kevin M. Quinn
Viewpoint Diversity And Media Consolidation: An Empirical Study, Daniel E. Ho, Kevin M. Quinn
Faculty Articles
One of the central predicates of legal regulation of media ownership is that ownership consolidation reduces substantive viewpoint diversity. Appellate courts and, in turn, the Federal Communications Commission have increasingly demanded evidence for this convergence hypothesis, but extant empirical measures of viewpoint diversity sidestep the problem, ignoring diversity, viewpoints, or both. Our Article develops and offers a finely tuned, time-varying statistical measure of editorial viewpoint diversity, based on a new database of over 1600 editorial positions in twenty-five top newspapers from 1988-2004. Using this new measure, we assess the validity of the convergence hypothesis by examining the evolution of editorial …
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Faculty Scholarship
Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …
Fcc Should Get With The Times, Erik Ugland
Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Andersen Jones
Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Andersen Jones
Faculty Scholarship
For more than thirty years, proponents and opponents of a federal reporter’s shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived “avalanche” of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …
Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland
Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland
Erik Ugland
The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader legal framework that governs newsgathering. Resolving these conflicts has grown more urgent with the democratization of media and the emergence of bloggers and other news providers who have challenged traditional conceptions of “journalists” and “the press.” To settle these controversies, this Article moves past the courts’ desultory analyses, focuses on core principles, and …
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
Donald J. Kochan
The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker
All Faculty Scholarship
The paper argues that only the assumption that the Press Clause has a meaning independent of the Speech Clause could explain either different First Amendment treatment of individuals and the press or different First Amendment treatment of the press and other businesses. Suggesting an interpretation of the Press Clause as protecting the institutional integrity of the Fourth Estate, it then examines fifteen areas of law and finds that in each area the press receives different treatment – precisely the different treatment that the Fourth Estate theory predicts. Moreover, no area of law is found to be inconsistent with this independent …
Keeping The Promise, Erik Ugland, Karen Slattery