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Articles 3811 - 3840 of 4057
Full-Text Articles in Communications Law
Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr.
Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Libel—New Standard For Liability For Media Defendants—Taskett V. King Broadcasting Co., 86 Wn. 2d 439, 546 P.2d 81 (1976), Allen D. Israel
Libel—New Standard For Liability For Media Defendants—Taskett V. King Broadcasting Co., 86 Wn. 2d 439, 546 P.2d 81 (1976), Allen D. Israel
Washington Law Review
William Taskett's advertising business had suffered serious financial setbacks which caused him to seek statutory corporate dissolution. Believing that his affairs had been put in order, he left the state for an extended vacation. Because his whereabouts were unknown to his unsatisfied creditors, which included several prominent Seattle businesses, KING Broadcasting Company decided that his "disappearance" was newsworthy, and made it the subject of a television news story. Taskett brought suit against KING for libel, alleging that its story had depicted him as a "thief and a swindler." Relying upon the controlling Washington authority of Miller v. Argus Publishing Co., …
The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review
The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review
Michigan Law Review
The controversy surrounding the FCC's Second Report and . Order, its appeal, and the subsequent decision in NCCB raises basic questions concerning the statutory authority of the FCC to promulgate rules concerning newspaper-broadcast cross-ownership. This Note suggests that the FCC, notwithstanding judicial affirmation in NCCB of the Commission's authority to adopt such rules, might well be exercising more authority than Congress intended it to possess under the Communications Act of 1934. This Note therefore concludes that, irrespective of the merits of the Second Report and Order, Congress should reexamine and clarify the scope of the FCC's power in this regard.
Militants And The Media: Partners In Terrorism?, William R. Catton Jr.
Militants And The Media: Partners In Terrorism?, William R. Catton Jr.
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium
Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer
Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer
UC Law SF Communications and Entertainment Journal
The author takes a careful look at the new Copyright Revision Act of 1976 from the perspective of writers and publishers of music. While finding much that is beneficial, the author concludes that further revision of the Copyright Act is necessary to fully protect performing artists.
Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell
Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell
UC Law SF Communications and Entertainment Journal
The author discusses the impact of the Farr and Fresno Four decisions on the California Newsmen's Shield Law, Evidence Code § 1070. First the author discusses the history of shield laws, tracing the competing concerns with the newsman's "right to know" and the fair administration' of justice. He uses this background as a means of analyzing the meaning and scope of § 1070. Then the author turns'to the specific decisions in Farr and the Fresno Four, analyzing their impact on the shield law. He concludes with a look at the proposed constitutional amendment to reverse the results in the two …
Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio
Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio
UC Law SF Communications and Entertainment Journal
The United Nations is now considering two proposals to limit direct station-to-station television broadcasting via satellite. The Soviet proposal, which seems to be the more popular, would impose strict requirements on the broadcasting country to control the content of satellite broadcasts. The United States proposal calls for a system of co-operation consistent with its First Amendment. The author analyzes these positions, discussing the effect that adoption of the Soviet proposal would have on international law, and whether the United States would be constitutionally prohibited from adhering to it.
The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton
The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton
UC Law SF Communications and Entertainment Journal
With the passage of the Tax Reform Act of 1976, Congress severely restricted many of the tax advantages that came with the ownership of a professional sports franchise. The authors analyze in detail the effect of the new law, first discussing the benefits that had existed under prior law, then describing the method in which the Act changed the "rules of the game," and conclude with an indication of some tax planning for the future.
Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish
Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish
UC Law SF Communications and Entertainment Journal
Daniel Schorr, a journalist long respected for his perceptivity and integrity, was recently the center of controversy when he made possible the publication of government documents not intended for public release. He discusses the continuing controversy between the public's right to know and the sixth amendment guarantee of the right to a fair trial, concluding that the courts have not adequately protected first amendment freedoms. Jesse Choper, noted constitutional scholar and author responds, illustrating case law highly protective of the freedom of the press. The authors agree that in special situations the public's right to know outbalances the right to …
The Unfairness Doctrine - Balance And Response Over The Airwaves, Steven J. Simmons
The Unfairness Doctrine - Balance And Response Over The Airwaves, Steven J. Simmons
UC Law SF Communications and Entertainment Journal
The "fairness doctrine" requires broadcast licensees to devote a reasonable percentage of their programming to controversial issues of public importance, and to present contrasting viewpoints when such issues are aired. The author concentrates on the requirement to present contrasting viewpoints, discussing the case law and policy guidelines that have emerged and concluding that in its present form the doctrine operates unfairly to both viewers and broadcasters. He suggests specific proposals for improvement.
The Equal Opportunities And Fairness Doctrines In Broadcasting: Should They Be Retained, Roscoe L. Barrow
The Equal Opportunities And Fairness Doctrines In Broadcasting: Should They Be Retained, Roscoe L. Barrow
UC Law SF Communications and Entertainment Journal
The author recently testified in the current hearings conducted by the U.S. House Subcommittee on Communications in which repeal of the Equal Opportunities and Fairness Doctrines is being considered. In this article the author discusses the constitutional bases of these doctrines, the governmental action issue in the event of their repeal, and whether the Fairness Doctrine inhibits broadcast journalism. He suggests a differential equality of access solution to the present problem of application of the Equal Opportunities Doctrine and argues that the need of the people to know should continue to be a right through the Fairness Doctrine.
Legal Restrictions On Ownership Of The Mass Media, Michael Botein
Legal Restrictions On Ownership Of The Mass Media, Michael Botein
Books
No abstract provided.
If We Can't Teach Our Students To Write... Let's Examine Some Alternatives That May Have A Chance To Work, Michael Botein
If We Can't Teach Our Students To Write... Let's Examine Some Alternatives That May Have A Chance To Work, Michael Botein
Articles & Chapters
No abstract provided.
Egypt's Policy Towards Foreign Investment, Adly Abdel-Meguid
Egypt's Policy Towards Foreign Investment, Adly Abdel-Meguid
Vanderbilt Journal of Transnational Law
Long before President Nasser took over in 1952, Egypt was considered a very attractive location for foreign investment, particularly from Europe. A large number of Italian, French, and British firms established their own subsidiaries and joint ventures to produce a variety of consumer products to meet domestic demand. Banking, tourism, and petroleum exploration and production were also among the favored sectors. Under the rule of President Nasser, however, foreign investors grew skeptical about Egypt's official policy of welcome. Their doubts were partially confirmed in 1956 when Nasser nationalized the Suez Canal. Their apprehensions were fully realized in 1961, when all …
New Copyright Act & Cable Television: A Signal Of Change, Michael Botein
New Copyright Act & Cable Television: A Signal Of Change, Michael Botein
Articles & Chapters
No abstract provided.
Injury To Reputation And The Constitution: Confusion Amid Conflicting Approaches, George C. Christie
Injury To Reputation And The Constitution: Confusion Amid Conflicting Approaches, George C. Christie
Michigan Law Review
It is the thesis of this article that the long-run implications of Firestone and Paul v. Davis will force a radical reformulation of the circumstances under which an individual may obtain legal redress for injury to his reputation brought about by falsehoods. The Court will eventually be obliged to abandon its fragmented treatment of the subject: At present, some injured persons have no chance of recovery; others are faced with requirements of proof that make recovery very difficult; still others can recover under significantly more relaxed standards of proof. The nature of the Court's likely reformulation will be developed later …
Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr.
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.
The Fairness Doctrine And Access To Reply To Product Commercials, Susan T. Edlavitch
The Fairness Doctrine And Access To Reply To Product Commercials, Susan T. Edlavitch
Indiana Law Journal
No abstract provided.
When Is A Performance Not A Performance?—Twentieth Century Music Corp. V. Aiken And Its Catv Precedents, Charlotte D. Roederer
When Is A Performance Not A Performance?—Twentieth Century Music Corp. V. Aiken And Its Catv Precedents, Charlotte D. Roederer
Buffalo Law Review
No abstract provided.
Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca
Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca
Fordham Urban Law Journal
This comment examines: (1) the history of the ascertainment procedures, including the function of the original Primer; (2) the effect of the Renewal Primer amendments on the ascertainment procedures; and (3) the significance of the Bamford cases in light of the treatment of badly-organized groups under prior ascertainment procedures, and in light of the issuance of the Renewal Primer. The comment argues that the Primer's purpose of increasing the responsiveness of a broadcast applicant to the needs of its proposed service area has improved the situation for the more organized significant groups, such as minority groups, but its effectiveness as …
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger Jr.
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger Jr.
Michigan Law Review
The purpose of this article is to examine critically these decisions and to explore whether there is any rational basis for limiting to one sector of the media the legislature's power to impose access regulation. The article takes the position that the Court has pursued the right path for the wrong reasons. There is a powerful rationality underlying the current decision to restrict regulatory authority to broadcasting, but it is not, as is commonly supposed, that broadcasting is somehow different in principle from the print media and that it therefore is not deserving of equivalent first amendment treatment. As will …
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger
Faculty Scholarship
During the past half century there have existed in this country two opposing constitutional traditions regarding the press. On the one hand, the Supreme Court has accorded the print media virtually complete constitutional protection from attempts by government to impose affirmative controls such as access regulation. On the other hand, the Court has held affirmative regulation of the broadcast media to be constitutionally permissible, and has even suggested that it may be constitutionally compelled. In interpreting the first amendment, the Court in one context has insisted on the historical right of the editor to be free from government scrutiny, but …
Book Review Of Cable Television And The Fcc: A Crisis In Media Control, Jacob W. Mayer
Book Review Of Cable Television And The Fcc: A Crisis In Media Control, Jacob W. Mayer
William & Mary Law Review
No abstract provided.
The Lot Is Cast Into The Lap: Federal Communications Commission Mistreatment Of State Lottery Broadcasts, Peter Petrakis
The Lot Is Cast Into The Lap: Federal Communications Commission Mistreatment Of State Lottery Broadcasts, Peter Petrakis
Loyola University Chicago Law Journal
No abstract provided.
Public Broadcasting And The Problem Of Government Influence: Towards A Legislative Solution, Oscar G. Chase
Public Broadcasting And The Problem Of Government Influence: Towards A Legislative Solution, Oscar G. Chase
University of Michigan Journal of Law Reform
This article will explore the problems raised by the emergence of the federal government as a television "sponsor." It will argue that fundamental structural reform is needed to promote the constitutional values at issue, that such reform will also promote the interests of local control sought by the Public Broadcasting Act of 1967, and that legislative action in furtherance of this structural solution is desirable. In this context this article will consider the proposed Public Broadcasting Financing Act of 1974 and will argue that any bill modeled on it would not eliminate the problems despite its salutary innovations. Not considered, …
Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah
Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah
Cleveland State Law Review
This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which recognizes …
The Constitutional Considerations Of Multiple Media Ownership Regulation By The Federal Communications Commission, Jon L. Mills, John Moynahan, Richard Perlini, George Mcclure
The Constitutional Considerations Of Multiple Media Ownership Regulation By The Federal Communications Commission, Jon L. Mills, John Moynahan, Richard Perlini, George Mcclure
UF Law Faculty Publications
Promoting the dissemination of diverse ideas with a minimum of governmental interference is the goal of the first amendment in protecting free press and free media. This goal is implicit in the public interest mandate of the Communications Act of 1934. A precise balance between restraint and diversity in first amendment policy appears impossible, but the process of decision should reflect both, with deference to restraint where possible. The Federal Communication Commission's Order in Docket 18110 failed to strike such a balance; any future action regarding cross-ownership of broadcast stations by newspapers would benefit by an increased recognition of the …
Shield Laws: Partial Solution To A Pervasive Problem, Robert M. O'Neil
Shield Laws: Partial Solution To A Pervasive Problem, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Citizen Participation In The Regulation Of Cable Television, Michael Botein
Citizen Participation In The Regulation Of Cable Television, Michael Botein
Articles & Chapters
No abstract provided.