The Law of Public Communication 2006 Edition

Provides comprehensive and current information on the rapidly evolving field of communication law in a paperback format, updated annually. Public communication, the First Amendment, libel, political speech, obscenity and indecency, the media and judiciary, and protection of news sources, notes and tape. For anyone interested in finding out how laws have impacted and continue to shape the mass media.

Preface

viii

Public Communication and the Law

1

(23)

The Sources of Law

2

(7)

The Courts

9

(7)

The Litigation Process: Civil and Criminal

16

(4)

Working with the Law

20

(3)

Limitations of Law

23

(1)

The First Amendment

24

(43)

Theory of Freedom of Expression

25

(6)

Regulating Expression

31

(8)

Tests

39

(4)

Scope of the First Amendment: The Hierarchy of Protected Expression

43

(8)

Who Is Protected?

51

(16)

Methods of Control

67

(25)

Prior Restraints and Postpublication Punishment

68

(18)

Content-Neutral Regulations

86

(6)

Libel

92

(88)

Libel Terminology

95

(2)

The Plaintiff

97

(2)

The Plaintiff's Burden of Proof

99

(52)

The Defendant's Case

151

(24)

Preventing Libel Suits

175

(2)

Ideas for Reform

177

(3)

Privacy and Personal Security

180

(56)

Private Facts

182

(10)

Intrusion and Trespass

192

(15)

False Light

207

(7)

Commercialization

214

(11)

Emotional Distress and Personal Injury

225

(11)

Intellectual Property

236

(43)

Copyright

237

(31)

Unfair Competition

268

(11)

Political Speech

279

(38)

Referenda and Other Public Issues

280

(6)

Elections

286

(10)

Regulation of Political Candidate Broadcast Programming

296

(15)

Regulation of Public Issues Programming: The Fairness Doctrine

311

(3)

Lobbying: The Right to Petition

314

(3)

Commercial Speech

317

(71)

First Amendment and Advertising

318

(15)

Unfair and Deceptive Advertising

333

(13)

Federal Remedies

346

(11)

Other Federal Regulations

357

(7)

Media's Right to Refuse Advertising

364

(1)

Self-Regulation

365

(4)

Securities Transactions

369

(19)

Obscenity and Indecency

388

(47)

Obscenity

389

(14)

Indecency

403

(17)

Violent Pornography

420

(5)

Controlling Nonobscene Sexual Expression

425

(10)

The Media and the Judiciary

435

(58)

Defining Jury Bias

437

(7)

Remedies for Prejudicial Publicity

444

(6)

Controlling Conduct in Court

450

(7)

Controlling Prejudicial Publicity

457

(27)

Voluntary Cooperation

484

(3)

Contempt Power

487

(6)

Protection of News Sources, Notes, and Tape

493

(32)

Protection under the Common Law

495

(1)

Protection under the First Amendment

496

(12)

Protection under State Statutes

508

(8)

Protection under Federal Statutes and Regulations

516

(2)

Congressional Authority

518

(1)

Search Warrants

518

(4)

Breaching Confidentiality

522

(3)

Access to Information

525

(49)

Access and the Constitution

526

(6)

Access to Events

532

(4)

Access to Records

536

(30)

Access to Meetings

566

(6)

Obtaining Access: A Final Word

572

(2)

Appendix A: Finding and Reading the Law

574

(7)

Appendix B: The First Fourteen Amendments to the Constitution

581

(4)

Glossary

585

(8)

Case Index

593

(12)

Subject Index

605

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The Law of Public Communication 2006 Edition

Summary

Table of Contents

Supplemental Materials