Law of Public Communication 2012 Update

Preface

 

Chapter 1 Public Communication and the Law

The Sources of Law

The Courts

The Litigation Process:  Civil and Criminal

Working with the Law

Limitations of Law

 

Chapter 2 The First Amendment

Theory of Freedom of Expression

Regulating Expression

Tests

Scope of the First Amendment: The Hierarchy of Protected Expression

Who Is Protected?

 

Chapter 3 Methods of Control

Prior Restraints and Post-publication Punishment

Content-Neutral Regulations

 

Chapter 4 Libel

Libel Terminology

The Plaintiff

The Plaintiff’s Burden of Proof

The Defendant’s Case

Preventing Libel Suits

Ideas for Reform

 

Chapter 5 Privacy and Personal Security

Private Facts

Intrusion and Trespass

False Light

Commercialization

Emotional Distress and Personal Injury

 

Chapter 6 Intellectual Property

Copyright

Unfair Competition

 

Chapter 7 Political Speech

Referenda and Other Public Issues

Elections

Regulation of Political Candidate Broadcast Programming

Regulation of Public Issue Programming: The Fairness Doctrine

Lobbying: The Right to Petition

 

Chapter 8 Commercial Speech

First Amendment and Advertising

Unfair and Deceptive Advertising

Federal Remedies

Other Federal Regulations

Media’s Right to Refuse Advertising

Self-Regulation

Securities Transactions

 

Chapter 9 Obscenity and Indecency

Obscenity

Indecency

Violent Pornography

Controlling Non-obscene Sexual Expression

 

Chapter 10 The Media and the Judiciary

Defining Jury Bias

Remedies for Prejudicial Publicity

Controlling Conduct in Court

Controlling Prejudicial Publicity

Voluntary Cooperation

Contempt Power

 

Chapter 11 Protection of News Sources, Notes, and Tape

Protection under the Common Law

Protection under the First Amendment

Protection under State Statutes

Protection under Federal Statutes and Regulations

Congressional Authority

Search Warrants

Breaching Confidentiality

 

Chapter 12 Access to Information

Access and the Constitution

Access to Events

Access to Records

Access to Meetings

Obtaining Access: A Final Word

 

Appendix A Finding and Reading the Law

Appendix B The First Fourteen Amendments to the Constitution

 

Glossary

Case Index

Subject Index