Mass communication law : cases and comment

목차 (Table of Contents)

• CONTENTS
• TABLE OF CASES = ⅸ
• PREFACE = xvii
• UNDERSTANDING THE LEGAL SYSTEM AND FINDING THE LAW = xxi
• CHAPTER 1 THE HISTORY AND RATIONALE OF THE FIRST AMENDMENT = 1
• The First Amendment and the Evolution of Its Meaning = 1
• First Amendment Models = 5
• Problems of First Amendment Interpretation = 11
• First Amendment Doctrine in the Supreme Court : A Rationale for Limiting the Regulation of Speech = 13
• CHAPTER 2 FIRST AMENDMENT METHODOLOGY = 39
• The Doctrine of Prior Restraint = 40
• Civil and Criminal Sanctions Against Expressive Activity = 60
• Taxation of the Press and Censorship = 67
• Content-Based versus Content-Neutral Regulation = 76
• Symbolic Speech = 80
• Public Facilities and the Public Forum = 91
• CHAPTER 3 CATEGORIES OF EXPRESSION AND THE SCOPE OF FIRST AMENDMENT PROTECTION = 100
• Categorizing Expression = 100
• Commercial Speech = 101
• Fighting Words = 122
• Offensive Speech = 126
• Hate Speech = 130
• CHAPTER 4 LIBEL AND THE MASS MEDIA = 145
• What Is Label? = 145
• Publication = 158
• Identification = 163
• Falsity = 164
• Actual Injury = 167
• Fault : Common Law Libel and the Origins of the Constitutional Defense = 167
• Actual Malice = 196
• Negligence = 206
• Summary Judgment = 207
• Damages = 208
• Public or Private Plaintiff? = 210
• The Common Law or Statutory Defenses = 221
• Secondary and Technical Defenses = 235
• Protecting Sources = 244
• Alternatives to Libel Suits = 245
• Problems of Libel Law = 247
• Rules of Avoidance and Damage Control = 248
• CHAPTER 5 PRIVACY AND THE PRESS = 250
• What Is Privacy? = 250
• "Pure" Privacy : Disclosure of Embarrassing Private Facts = 254
• "Spatial" Privacy : The Offense of Intrusion = 275
• "Implicative" Privacy : Portrayal in a False Light = 290
• Persona as Property : Appropriation and the Right of Publicity = 302
• Alternative Media Liability : Emotional Distress, Foreseeable Harms, and Outrageous Behavior = 316
• CHAPTER 6 NEWSGATHERING RIGHTS = 326
• Parallel Rights - Journalist's Privilege and Access to the Judicial System = 326
• Journalist's Privilege = 327
• Access to the Judicial System = 371
• CHAPTER 7 FREEDOM OF INFORMATION : ACCESS TO NEWS OF GOVERNMENT = 423
• Government versus Press and Public? = 423
• Computer Data = 426
• First Amendment Implications : Papers and Places = 434
• Using the FOIA = 435
• Exemptions = 447
• The Federal Privacy Act = 455
• The Federal Open Meetings Law = 456
• Access to Legislatures = 457
• Open Records and Meetings in the States = 458
• CHAPTER 8 PUBLIC ACCESS TO THE MEDIA = 461
• A Right of Access to the Press? = 461
• Access for Advertising to the Privately Owned Daily Press = 447
• A Right of Access to the Public Press - The Case of the State-Supported Campus Press = 480
• The First Amendment and Access to the Broadcast Media = 482
• Access to Cable = 492
• CHAPTER 9 BUSINESS ISSUES = 504
• Advertising and the Law = 504
• Monopoly, Diversity, and Antitrust Law = 529
• The Media and Labor Laws = 554
• Taxation and Licensing of the Press = 565
• Copyright, Fair Use, and Unfair Competition = 575
• CHAPTER 10 SELECTED PROBLEMS OF MEDIA LAW = 603
• Obscenity and Indecency : An Overview = 603
• Student Press Rights = 650
• CHAPTER 11 THE REGULATION OF BROADCASTING : SOME PROBLEMS OF LAW, TECHNOLOGY, AND POLICY = 668
• Introduction : The Rationale for Broadcast Regulation = 669
• The Emergence of "New" Technologies : Regulating Nonbroadcast Services = 685
• Problems of Broadcast Licensing and License Renewal = 692
• Programming, the Public Interest, and Deregulation = 712
• Children's Television = 723
• Broadcast Lottery Regulation = 729
• Public Broadcasting = 733
• Religious Broadcasting = 745
• Problems of Diversification of Ownership = 751
• CHAPTER 12 LEGAL CONTROLS ON POLITICAL AND PUBLIC ISSUE PROGRAMMING = 764
• "Broadcasting and Political Debate" Section 315 and the "Equal Time" Requirement = 764
• Section 312(a)(7) and "Reasonable Access" for Federal Political Candidates = 790
• The Fairness Doctrine : Anachronism or Protector of Public First Amendment Rights? = 804
• CHAPTER 13 REGULATING OBSCENITY AND INDECENCY IN BROADCASTING BEFORE THE FCC AND THE FEDERAL COURTS = 825
• The Basis for Regulation = 825
• Profanity = 826
• Obscenity = 827
• Indecency = 830
• CHAPTER 14 REGULATORY AND FIRST AMENDMENT ISSUES IN CABLE TELEVISION = 847
• A Brief History of Cable Television = 847
• The "Must-Carry" Rules = 861
• The Regulation of Cable Television Content = 877
• The Regulation of Cable Television Ownership = 892
• THE CONSTITUTION OF THE UNITED STATES = 899
• GLOSSARY = 908
• INDEX = 917