Communications Law Liberties, Restraints, and the Modern Media

ISBN-10: 0495050296

ISBN-13: 9780495050292

Edition: 5th 2007

Authors: John D. Zelezny

List price: $246.95
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Description:

The new edition of COMMUNICATIONS LAW continues with the reviewer-praised readability, coverage of core topics, and currency that have been its consistent strengths. The author's interesting, hypothetical exercises have been a favorite among both professors and students. As in previous editions, the Fifth Edition includes a thorough update of cases and information to keep the text current.
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Book details

List price: $246.95
Edition: 5th
Copyright year: 2007
Publisher: Wadsworth
Publication date: 5/15/2006
Binding: Paperback
Pages: 576
Size: 7.50" wide x 9.25" long x 0.75" tall
Weight: 1.848
Language: English

John D. Zelezny, an attorney and senior public relations executive, has extensive experience in both academia and the professional world of communications. His varied career began as a small-town newspaper reporter in the 1970s, later encompassed 15 years as a professor of media law and journalism at three West Coast universities, and eventually led to his employment as a corporate executive and strategic communications adviser to CEOs and boards of directors. He is a member of the State Bar of California, and currently serves as senior vice president and chief communications officer for Community Medical Centers in Fresno, Calif. He is a frequent lecturer on communications law and the author of complex First Amendment problems for law-school advocacy competitions. Mr. Zelezny holds degrees from Humboldt State University and the University of the Pacific's McGeorge School of Law.

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