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| Preface | |
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| The U.S. Legal System | |
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| Studying the Law | |
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| Sources of Law | |
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| Constitutional Law | |
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| Statutory Law | |
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| Administrative Law | |
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| Case Law | |
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| Other Ways to Categorize Law | |
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| Civil Law Versus Criminal Law | |
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| Contracts Versus Torts | |
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| Court Systems and Jurisdiction | |
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| Federal Jurisdiction | |
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| State Jurisdiction | |
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| Special Problem: Cyberspace | |
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| The Judicial Process | |
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| Justiciable Controversy | |
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| Pretrial Procedure | |
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| Trial Procedure | |
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| Appellate Procedure | |
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| Administrative Proceedings | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| The First Amendment | |
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| Background: A Short History of Free Speech | |
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| Reasons for Freedom of Speech | |
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| Social Reasons | |
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| Individualistic Reasons | |
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| Rebuttal | |
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| Adoption of the First Amendment | |
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| Nature of the Guarantee | |
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| Liberty Versus Government Power | |
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| Expression Versus Conduct | |
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| Gathering and Distributing | |
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| Suspect Restrictions | |
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| Prior Restraints | |
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| Punishment After the Fact | |
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| Financial Burdens | |
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| Compelled Speech | |
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| Time, Place, and Manner Restrictions | |
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| Resolving Conflicts | |
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| Rights not Absolute | |
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| Unprotected Speech | |
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| The Balancing Approach | |
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| Special Problem: Government Facilities and Media | |
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| The Forum Theory | |
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| The Student Press | |
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| Special Problem: Corporate Speech | |
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| Protecting Investment Markets | |
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| Protecting the Political Process | |
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| Waiver of Free Speech Rights | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Risks to Public Safety | |
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| When to Censor? | |
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| Law and Order | |
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| Clear and Present Danger | |
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| The Incitement Standard | |
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| National Security | |
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| The Pentagon Papers Case | |
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| The H-Bomb Case | |
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| Wartime Access Restrictions | |
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| Personal Injury | |
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| Negligence Versus Incitement | |
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| Harm Through Imitation | |
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| Harm From Advice or Instructions | |
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| Harm Through Advertising | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Damage to Reputation | |
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| Evolution of Defamation Law | |
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| Development by the States | |
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| The Constitution Intervenes | |
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| Ingredients for a Lawsuit | |
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| Defamatory Content | |
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| The Meaning of Defamatory | |
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| Interpreting the Statements | |
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| Thoughts, not Mere Words | |
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| Falsity | |
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| Burden of Proof | |
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| How False Must It Be? | |
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| Special Problem: Fact Versus Opinion | |
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| Publication | |
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| Identification | |
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| Special Problem: Group Defamation | |
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| Fault | |
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| New York Times Co. V. Sullivan | |
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| The Meaning of Actual Malice | |
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| Gertz and the Negligence Standard | |
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| Categorizing the Plaintiff | |
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| Harm to Plaintiff | |
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| Awarding Damages | |
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| Limits on Damages | |
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| Matters of Private Concern | |
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| Privileges, Defenses, and Other Protections | |
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| Reports of Official Proceedings | |
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| Neutral Reporting | |
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| The Wire Service Defense | |
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| Retractions | |
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| Summary Judgment | |
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| Counterattacks by the Media | |
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| Anti-Slapp Statutes | |
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| Libel Insurance | |
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| Statutes of Limitations | |
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| Defamation in Cyberspace | |
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| ISP Liability | |
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| User Liability | |
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| Libel Reform Efforts | |
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| Reasons for Change | |
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| The Uniform Correction Act | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Invasion of Privacy | |
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| Origins of Privacy Law | |
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| Four Distinct Torts | |
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| Appropriation | |
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| Commercial Use | |
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| Name or Likeness | |
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| Consent | |
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| Special Problem: Deceased Celebrities | |
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| First Amendment Issues | |
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| Disclosure of Private Facts | |
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| The Private Facts Standard | |
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| The Highly Offensive Disclosure Standard | |
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| The Newsworthiness Standard | |
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| False Light | |
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| False Light Situations | |
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| The Elements and Privileges | |
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| Intrusion | |
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| Expectation of Privacy | |
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| Offensiveness | |
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| Use of Subterfuge | |
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| Public Places | |
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| Companion Torts | |
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| Fraud | |
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| Emotional Distress | |
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| Trespass | |
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| Criminal Statutes | |
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| Photo Stalking | |
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| Identity Betrayal | |
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| Wiretapping | |
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| Privacy in Cyberspace | |
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| E-Mail and Websites | |
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| Data Collection | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Access to Places and Information | |
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| Access to Places | |
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| Trespass on Private Property | |
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| Accident, Crime, and Disaster Scenes | |
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| Polling Places | |
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| Government Property | |
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| Government Proceedings | |
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| State Open Meeting Laws | |
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| The Federal Statute | |
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| Government Records | |
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| The Freedom of Information Act | |
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| State Open Records Laws | |
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| Selective Access by Government | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Media and the Justice System | |
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| Media and Courts: A Unique Relationship | |
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| The Quest for Fair Trials | |
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| The Sixth Amendment Guarantee | |
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| The First Amendment Conflict | |
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| Warnings from the Supreme Court | |
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| The True Effect of Publicity | |
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| The Aftermath of Sheppard | |
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| Gag Orders and the First Amendment | |
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| Gagging the Media | |
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| Gagging Trial Participants | |
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| Access to Proceedings | |
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| Criminal Trials | |
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| Pretrial Proceedings | |
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| Executions | |
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| Civil Proceedings | |
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| Deportation Hearings | |
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| Special Problem: Cameras in the Courtroom | |
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| Special Problem: Juvenile Court | |
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| Ethics and Etiquette of Court Coverage | |
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| Access to Evidence and Records | |
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| Keeping Media Secrets | |
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| Forced Disclosure and the First Amendment | |
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| State Shield Laws | |
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| Legal Obligation to Sources | |
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| Police Searches | |
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| Contempt of Court | |
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| The Penalties for Contempt | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Creative Property | |
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| A Special Kind of Property | |
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| Copyright | |
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| Protected Works | |
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| Ownership | |
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| Formalities | |
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| Infringement | |
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| Licensing Agreements | |
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| Music Licensing | |
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| Special Problem: Cable Retransmissions | |
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| International Protection | |
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| The Fair Use Defense | |
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| Applying the Factors | |
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| Freedom for Parody | |
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| Copyrights in Cyberspace | |
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| Exclusive Rights in a Digital World | |
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| DMCA Immunity | |
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| Peer-to-Peer Piracy | |
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| Trademarks | |
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| Creation of Trademarks | |
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| Trademark Registration | |
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| Infringement | |
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| Dilution | |
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| Trademarks and Domain Names | |
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| Unfair Competition | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| The FCC and Broadcast Licensing | |
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| Controlling Electronic Media | |
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| The Rudiments of Broadcast Regulation | |
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| Use of the Spectrum | |
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| The Communications Act of 1934 | |
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| Limited First Amendment Status | |
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| The FCC | |
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| Jurisdiction and Powers | |
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| Practice and Procedure | |
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| Station Licensing | |
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| The Initial License | |
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| License Renewals | |
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| Transfer of Licenses | |
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| Ownership Limitations | |
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| Contrast: Cable Franchising | |
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| EEO Rules | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Electronic Media Content | |
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| Controls on Free Expression | |
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| Broadcast Content Controls | |
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| Political Broadcasting | |
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| The Fairness Doctrine Saga | |
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| Children's Television | |
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| Other Broadcast Content Controls | |
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| Cable Television Controls | |
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| First Amendment Status | |
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| The Cable Acts | |
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| Access Channels | |
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| Must-Carry | |
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| Other Cable Content Controls | |
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| Direct Broadcast Satellite | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Obscenity and Indecency | |
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| A Touchy Subject | |
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| History of Pornography | |
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| Early American Obscenity Law | |
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| Obscenity and the Constitution | |
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| The Rationale for Controls | |
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| The Presidential Commissions | |
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| Defining Obscenity | |
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| Prurient Interest | |
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| Patent Offensiveness | |
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| Lack of Serious Value | |
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| Exception: Child Pornography | |
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| Attacking Obscenity | |
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| State Statutes | |
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| Federal Statutes | |
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| The Knowledge Requirement | |
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| Private Possession | |
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| Prior Restraint | |
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| Curbing Nonobscene Material | |
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| Postal Controls | |
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| Local Zoning | |
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| Funding Conditions | |
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| Women's Rights | |
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| Indecency | |
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| The Public Airwaves | |
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| Cable TV | |
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| Telephone | |
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| The Internet | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Commercial Speech | |
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| Seller Beware? | |
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| Commercial Speech and the First Amendment | |
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| The Rise to Protection | |
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| The Central Hudson Test | |
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| Ad Bans for Disfavored Products | |
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| Required Disclosures | |
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| Deceptive Ads and the FTC | |
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| Authority of the FTC | |
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| Deception: The Basic Elements | |
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| Prior Substantiation | |
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| FTC Rules and Guides | |
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| FTC Enforcement Devices | |
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| Deception on the NET | |
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| Lanham Act Lawsuits | |
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| Elements of a Claim | |
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| Sample Cases | |
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| Plaintiff's Remedies | |
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| State Advertising Laws | |
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| Government Prosecution | |
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| Private Lawsuits | |
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| Federal Preemption | |
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| Special Problems of the Internet | |
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| Spamming | |
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| Traffic Diversion | |
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| Liability for Illegal Ads | |
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| Rejection of Advertising | |
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| Summary Points | |
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| Discussion Questions | |
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| Key Terms | |
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| Glossary | |
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| Web Resources | |
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| Notes | |
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| Case Index | |
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| Subject Index | |