Teeter and Loving's Law of Mass Communications: Freedom and Control of Print and Broadcast Media, 11th (University Casebook Series) Book

Part I Philosophical and Constitutional Foundations of Free Expression

Foundations for Freedom 1

The Worth of Freedom 5

The Constitutional Guarantees 16

"The Intent of the Framers" 27

The First Amendment: Historical Background and Today's Law 31

Seditious Libel: Ancient Enemy of Freedom 31

Prior Restraint 48

Prior Restraint: Licensing 76

Forcing Communication to Occur 83

Criminal Libel 86

Taxation 100

The Contempt Power and Criticizing Courts 107

Testing the Boundaries of Constitutional Protection: Fighting Words, Incitement/Outrage and Obscenity 111

Fighting Words and Incitement 111

Obscenity and American Law 126

The Common Law Origins 127

The Roth Landmark 130

Monitoring Compliance: The Federal Review Era 134

Creating a New Consensus: The Miller Standard 142

Balancing Conflicting Societal Interests 162

Obscenity Law and the Internet 176

Part II Defamation, Privacy and Newsgathering Torts

Defamation: Libel and Slander 181

Defamation Defined 181

The Five Elements of Libel 188

Publication 188

Identification 209

Defamation 217

Actual Injury 237

Fault 244

Discovery 251

The Constitutional Defense Against Libel Suits 262

The Public Principle 262

Defense Against Public Officials' Suits 263

Actual Malice 270

Public Officials and Figures 292

Defining "Public Figure" 301

Summary Judgment 315

Qualified Privilege As a Defense 322

Truth As a Defense 336

Opinion and Fair Comment As Defenses 342

The Law of Privacy and the Media 362

Development of Privacy Law 362

"False Light:" Communications Invading Privacy 371

Appropriation of Plaintiff's Name or Likeness 389

Appropriation's Cousin: "The Right of Publicity" 393

Private Facts 397

Intrusion: An Introduction 410

Newsgathering Torts and Related Areas of Law 411

Newsgathering Torts: An Overview 411

The Privacy Tort of Intrusion 412

Intrusion: Nonconsensual Entry, Refusal to Leave 419

Problems With Hidden Cameras and Recorders 430

Cellular Telephones and Privacy 439

Fraud Claims and Undercover Reporting 444

Emotional Distress and Incitement 452

Contract Claims and Tortious Interference 459

Part III Access to Government Information

Reporting the Legislative and Executive Branches 465

The Problem of Secrecy in Government 465

Access and the Constitution 475

Records and Meetings of Federal Government 481

Access to "Security" Information, Covering Wars 516

Records and Meetings in the States 534

Legal Problems in Reporting Courts 548

Access to Judicial Proceedings 548

Free Press Versus Fair Trial 561

Pre-Trial Publicity 566

Publicity During Trial: Cameras in the Courtroom 575

Notorious Cases: The Shadow of Sheppard 584

External Guidelines and Self-Regulatory Efforts 592

Restrictive Orders and Reporting the Judicial Process 596

Access to Criminal Trials and Civil Matters 610

Shielding Information From Disclosure 636

The Government Contempt Power 636

Refusing to Testify About Sources and Information 643

Protecting Newsrooms From Search and Telephone Records From Disclosure 687

Part IV Mass Communications and Government

The First Amendment and Electronic Media 697

From Radiotelegraphy to Broadcasting 697

Spectrum Space: From Crisis to Control 702

Rationalizing Government Regulation 706

Spectrum Scarcity and Expanding New Media Channels 711

Obligations on Broadcasting and Cable 715

Licensing Broadcasters 715

Controlling Cable 726

Content Control 738

Political Access Rules 755

Fairness Doctrine Obligations 764

The End of the Personal Attack and Political Editorial Rules 770

Public Broadcasting 774

New Media and Regulation 778

Mass Media and the Common Carrier Connection 778

The Telephone Network Competitor 781

Communication Law and the Challenge of Change 788

Regulation of Advertising 799

From Caveat Emptor to Consumer Protection 799

Federal Administrative Controls: The Federal Trade Commission 801

Deceptiveness: The FTC's Definition 810

Corrective Advertising Orders of the FTC 814

Other Federal Administrative Controls 827

The Printers' Ink Statute 831

Lotteries 832

Self-Regulation 836

The Right to Refuse Service 838

Broadcast Advertising 844

Advertising and the Constitution 847

Copyright: Protection and Constraint 870

The Rationale of Copyright Law 870

Securing a Copyright 876

Originality and Creativity 905

Infringement and Remedies 910

Copyright, Unfair Competition, and the News 931

The Defense of Fair Use 941

Broadcast Music Licensing Rights 962

Appendices

A Abbreviations 969

B Selected Court and Pleading Terms 972

C Some Notes on the Legal Process 978

D Bibliography 986

E Codes of Ethics and Principles of the SPJ, ASNE, PRSSA, and RTNDA 994

Table of Cases 1011

Index 1037