Open Access. Powered by Scholars. Published by Universities.®

Communications Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3391 - 3420 of 4057

Full-Text Articles in Communications Law

Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood Jan 1989

Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood

UC Law SF Communications and Entertainment Journal

The Equal Opportunities Doctrine requires that broadcasters providing exposure to candidates make comparable time available to all other candidates for the same elective office. Unfortunately, the Doctrine has been emasculated by exemptions that provide the Republican and Democratic candidates with free air time while denying time to minor party candidates, thus frustrating the Doctrine's goal of informing the public of a wide array of political thought. This Note argues that the exemptions from the Doctrine should be narrowed and also advocates a system of mandatory access for political candidates based upon their showing in the polls.

Go to article

The Money Of Color: Film Colorization And The 100th Congress, Dan Renberg Jan 1989

The Money Of Color: Film Colorization And The 100th Congress, Dan Renberg

UC Law SF Communications and Entertainment Journal

This Article examines the legal and legislative history of the National Film Preservation Act of 1988, the first federal legislation dealing with the controversial issue of film colorization. It analyzes the arguments advanced by some members of the motion picture industry in favor of banning all colorization performed without the author's consent. The Article concludes with a forecast of how the 101st Congress will handle further requests for legislation that would protect the integrity of black-and-white films and their creators.

Go to article

Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester Jan 1989

Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester

UC Law SF Communications and Entertainment Journal

Post-employment non-compete covenants are problematic on both economic policy and individual rights bases. Such convenants are prevalent in the broadcast news industry, where enforcement is inconsistent and unpredictable largely because of the "unique services" rationale. The author argues that the problem of enforceability should be addressed statutorily.

Go to article

Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach Jan 1989

Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach

UC Law SF Communications and Entertainment Journal

Both the California Constitution and Evidence Code provide journalists with "shield" law protection that allows them to avoid contempt citations for failing to answer subpoenas. This protection allows them to ensure source confidentiality and is integral to the newsgathering process. However, it clashes with the federal constitutional guarantee that criminal defendants may subpoena information for their defense. This Note examines the controversy that arises when a criminal defendant seeks access via subpoena to the same information a reporter seeks to protect. The author proposes a revised approach to supplant currently inadequate standards for resolving such controversies.

Go to article

Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz Jan 1989

Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz

UC Law SF Communications and Entertainment Journal

Dial-a-Porn continues to be a multimillion dollar industry in this country. Amendments in 1988 to the federal statute governing Dial-a-Porn resulted in a complete prohibition of all obscene and indecent recorded phone messages. The Supreme Court is expected to rule on the constitutionality of this statute for the first time in July 1989 in Sable Communicatios v. FCC. This Note discusses the statute in its current and pre-amendment forms and analyzes Second and Ninth Circuit decisions attempting to balance the competing interests concerning Dial-a- Porn. The author argues that the current statute is unconstitutional and should be struck down in …

Go to article

A Suggested Approach To The First Amendment Issues Involved In Broadcast Regulation, Jonathan D. Blake, Debora L. Osgood Jan 1989

A Suggested Approach To The First Amendment Issues Involved In Broadcast Regulation, Jonathan D. Blake, Debora L. Osgood

UC Law SF Communications and Entertainment Journal

The debate over the first amendment justification for broadcast regulation has become heatedly polarized between the print-model, "look, Ma, no hands" theory of broadcast regulation and the public ownership/ public trustee model. This debate has assumed an even greater urgency this year because of the appointment of Alfred Sikes as the new Chairman of the Federal Communications Commission (FCC) and because of Congress' heightened interest in, and intense scrutiny of, the FCC's treatment of broadcast regulatory issues. In this article, the authors suggest that the FCC's traditional spectrum allocation responsibilities provide an appropriate and constitutionally defensible starting point for developing …

Go to article

Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson Jan 1989

Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson

UC Law SF Communications and Entertainment Journal

The award of punitive damages in libel cases has been a topic of constitutional debate ever since the United States Supreme Court imposed first amendment restrictions on state libel laws in 1964. More recently, the constitutionality of punitive damages has been challenged in non-libel cases under the eighth and fourteenth amendments. Last year, in Browning-Ferris Industries of Vermont v. Kelco Disposal, Inc., the Supreme Court held that punitive damages are not prohibited by the eighth amendment but expressly reserved the fourteenth amendment issue for later consideration. This Article examines Browning- Ferris in light of the Court's prior treatment of punitive …

Go to article

The Suppression Sanction Under The Electronic Communications Privacy Act For Violations Of The Private One-Party Consent Exception, Thomas M. Smith Jan 1989

The Suppression Sanction Under The Electronic Communications Privacy Act For Violations Of The Private One-Party Consent Exception, Thomas M. Smith

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Judicial Intrusion Into Cable Television Regulation: The Misuse Of O'Brien In Reviewing Compulsory Carriage Rules, Jonathan Mallamud Jan 1989

Judicial Intrusion Into Cable Television Regulation: The Misuse Of O'Brien In Reviewing Compulsory Carriage Rules, Jonathan Mallamud

Villanova Law Review (1956 - )

No abstract provided.

Go to article

The Fcc And Five Years Of The Cable Communications Policy Act Of 1984: Tuning Out The Consumer?, Mark R. Herring Jan 1989

The Fcc And Five Years Of The Cable Communications Policy Act Of 1984: Tuning Out The Consumer?, Mark R. Herring

University of Richmond Law Review

The Cable Communications Policy Act of 1984 (the "Cable Act") was a comprehensive amendment to the Communications Act of 1934. The Cable Act established the national policy for the regulation of the cable television industry. The focus of the Cable Act and the administrative rules implementing the act has been on the relationship between franchising municipal authorities and cable television operators. Congress addressed some consumer issues in the Cable Act such as subscriber privacy, commercial access channels, and public, educational, and governmental ("PEG") channels.

Go to article

Transborder Data Flows: Do We Mean Freedom Or Business?, Michael Bothe Jan 1989

Transborder Data Flows: Do We Mean Freedom Or Business?, Michael Bothe

Michigan Journal of International Law

The growth of the modem "information society" is a phenomenon transcending national borders, characterized by tremendous progress in both telecommunications and computer technology - a technology called collectively "telematics." Telematics have not only become the vital nervous system of our domestic economies and begun to play an increasing role in our private lifestyles, but have grown to link the nations of the world in constant, instantaneous, and complex ways. These communications and the data conveyed through them (whether their raw material is written text, tables, numbers, pictures, or voices), due to their importance, are in many respects a matter of …

Go to article

Resurrecting The Fairness Doctrine: The Quandary Of Enforcement Continues, Robert D. Richards Jan 1989

Resurrecting The Fairness Doctrine: The Quandary Of Enforcement Continues, Robert D. Richards

Cleveland State Law Review

Despite its repeal in 1987, the fairness doctrine remains one of the most controversial issues in broadcast regulation today. Since the doctrine's demise, Congress has tried twice unsuccessfully to revive this content-specific regulation which required broadcasters to actively search for controversial issues of importance and present a balance of viewpoints in programming exploring those issues. This article suggests a new standard of reviewing fairness complaints at renewal time which creates a strong presumption in favor of the broadcaster. Part I of the article focuses on the development of the fairness doctrine throughout its short history. In particular, it traces the …

Go to article

Adam Smith Assaults Ma Bell With His Invisible Hands: Divesture, Deregulation, And The Need For A New Telecommunications Policy, Paul Stephen Dempsey Jan 1989

Adam Smith Assaults Ma Bell With His Invisible Hands: Divesture, Deregulation, And The Need For A New Telecommunications Policy, Paul Stephen Dempsey

UC Law SF Communications and Entertainment Journal

In this article, the author provides a comprehensive legal, political, economic, and social analysis of the divestiture and partial deregulation of America's communications giant, AT&T. He reviews the three legal regimes that now oversee the telecommunications industry-the Federal Communications Commission, the state regulatory commissions, and Judge Harold Greene. After analyzing the costs and benefits of divestiture and deregulation, the author proposes congressional adoption of specific statutory solutions to the problems that have emerged. It is argued that the Federal Communications Act of 1934 should be updated to address contemporary social and economic needs.

Go to article

Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt Jan 1989

Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt

UC Law SF Communications and Entertainment Journal

Late last year, President Reagan surprised many when he vetoed the Children's Television Act of 1988, which would have limited the time available for commercials broadcast during children's programming. His veto message referred to "freedom of expression," but did not elaborate on first amendment concerns raised by the legislation. The author evaluates these and other issues and concludes that President Reagan's veto was consistent with a sensitive approach to first amendment issues in the area of children's advertising.

Go to article

Sobering News For The Alcohol Industry, Amanda Grove Jan 1989

Sobering News For The Alcohol Industry, Amanda Grove

UC Law SF Communications and Entertainment Journal

On November 18, 1989, the Alcoholic Beverage Labeling Act of 1988 will become operative. As a result of this new federal law, all alcoholic beverage containers will be required to bear a government warning label. This note focuses on the past, present, and future of alcohol warning label legislation. First, the author traces the history and development of state and federal alcohol warning label legislation, analyzing key factors which led to passage of the Alcoholic Beverage Labeling Act of 1988. Next, the author critically examines the Act, highlighting omissions and proposing improvements. Finally, the author explores sources of continuing pressure …

Go to article

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Russell L. Weaver, Geoffrey Bennett Jan 1989

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Russell L. Weaver, Geoffrey Bennett

Vanderbilt Journal of Transnational Law

This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …

Go to article

The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer Jan 1989

The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver Jan 1989

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver

Journal Articles

This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …

Go to article

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen Jan 1989

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen

LLM Theses and Essays

Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …

Go to article

Fairness Regulation: An Idea Whose Time Has Gone, Donald E. Lively Sep 1988

Fairness Regulation: An Idea Whose Time Has Gone, Donald E. Lively

Washington and Lee Law Review

No abstract provided.

Go to article

The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey Jun 1988

The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey

Michigan Law Review

The first three parts of this article discuss in detail the relationship between the Supreme Court's obscenity rulings and the academic theories that have been offered to bolster the conclusions reached by the Court in this area. Part IV of the article considers a contrary theory of free expression that requires constitutional protection for the dissemination and possession of pornography. In this section I argue that the present efforts to ban pornography are directly linked to a tolerance model of free expression. The tolerance model, which is usually contrasted with an analytical approach characterized by Holmesian skepticism, necessarily relies upon …

Go to article

Censorship In Secondary School Newspapers: Hazelwood School District V. Kuhlmeier, James E. Ellsworth May 1988

Censorship In Secondary School Newspapers: Hazelwood School District V. Kuhlmeier, James E. Ellsworth

Brigham Young University Journal of Public Law

No abstract provided.

Go to article

Questioning Broadcast Regulation, Jonathan Weinberg May 1988

Questioning Broadcast Regulation, Jonathan Weinberg

Michigan Law Review

A Review of Seven Dirty Words and Six Other Stories: Controlling the Content of Print and Broadcast by Matthew L. Spitzer

Go to article

Federal Preemption Of Amateur Radio Antenna Height Regulation: Should The Sky Be The Limit?, Alice J. Schwartz Apr 1988

Federal Preemption Of Amateur Radio Antenna Height Regulation: Should The Sky Be The Limit?, Alice J. Schwartz

Cardozo Law Review

No abstract provided.

Go to article

Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson Mar 1988

Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson

Cardozo Law Review

No abstract provided.

Go to article

Attention K Mart Shoppers: In K Mart Corp. V. Cartier, Inc. The Supreme Court Granted District Courts Jurisdiction In Gray Market Disputes, Thomas H. Wolfe Jan 1988

Attention K Mart Shoppers: In K Mart Corp. V. Cartier, Inc. The Supreme Court Granted District Courts Jurisdiction In Gray Market Disputes, Thomas H. Wolfe

UC Law SF Communications and Entertainment Journal

Overshadowed by the more controversial substantive questions raised by the gray market problem has been the issue of jurisdiction over gray market cases. In K Mart Corp. v. Cartier, Inc, the U.S. Supreme Court decided that the federal district courts, and not the Court of International Trade, have jurisdiction over gray market cases. The Court held that the statute controlling gray market importation cannot be considered an embargo, as that word was intended to be used by Congress. The author argues that the Supreme Court misinterpreted Congress' intent when Congress granted the Court of International Trade jurisdiction over cases involving …

Go to article

Cable Franchising And The First Amendment: Preferred Problems, Undesirable Solutions, Daniel L. Brenner Jan 1988

Cable Franchising And The First Amendment: Preferred Problems, Undesirable Solutions, Daniel L. Brenner

UC Law SF Communications and Entertainment Journal

The right to construct a cable system has usually been granted to a sole franchisee based on competitive bidding. A series of lawsuits in the 1980's has argued that exclusive grants violate the first amendment rights of excluded, would-be operators. This Article examines the issue as framed by the U.S. Supreme Court's decision in City qf Los Angeles v. Preferred Communications, Inc., concluding that its instruction for a factual examination of a city's justification for exclusive licensing will be mostly unproductive. It concludes that exclusive franchising provided for by Congress in the 1984 Cable Act does not generally violate the …

Go to article

The Supreme Court's Decision In Hustler Magazine V. Falwell: The Demise Of Intentional Infliction Of Emotional Distress For Public Figures, Hollie Their Jan 1988

The Supreme Court's Decision In Hustler Magazine V. Falwell: The Demise Of Intentional Infliction Of Emotional Distress For Public Figures, Hollie Their

UC Law SF Communications and Entertainment Journal

The author analyzes both the Fourth Circuit and the U.S. Supreme Court decisions in Hustler Magazine v. Falwell. After comparing and contrasting both decisions, the author concludes that the courts should apply the actual malice standard to claims of intentional infliction of emotional distress when a public figure brings an independent cause of action.

Go to article

Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen Jan 1988

Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen

UC Law SF Communications and Entertainment Journal

The abolition of the Fairness Doctrine by the Federal Communications Commission provides an opportunity to reexamine the way in which broadcasters are encouraged to offer programming on controversial issues of public importance. The author outlines alternatives to the Fairness Doctrine and subjects each to a Fair Treatment Test, which requires that the alternative 1) guarantee that the public will receive programming on controversials of importance to it, and 2) provide full first amendment rights to broadcasters. The author concludes that a structural approach to broadcast regulation, under which stricter crossownership limits than presently exist are imposed on broadcasters, offers the …

Go to article

The Privacy Act And The Freedom Of Information Act: Conflict And Resolution, 21 J. Marshall L. Rev. 703 (1988), Thomas M. Susman Jan 1988

The Privacy Act And The Freedom Of Information Act: Conflict And Resolution, 21 J. Marshall L. Rev. 703 (1988), Thomas M. Susman

UIC Law Review

No abstract provided.

Go to article

First Prev Next Last