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Full-Text Articles in Intellectual Property Law
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.