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Author: L. A. Scot Powe
Publisher: Univ of California Press
ISBN: 9780520059184
Category : Law
Languages : en
Pages : 306
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Book Description
Argues that broadcasting should be accorded the same first amendment rights as the print media, shows how regulation has led to abuse, and suggests a different approach for the future
Author: L. A. Scot Powe
Publisher: Univ of California Press
ISBN: 9780520059184
Category : Law
Languages : en
Pages : 306
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Book Description
Argues that broadcasting should be accorded the same first amendment rights as the print media, shows how regulation has led to abuse, and suggests a different approach for the future
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Nathaniel Persily
Publisher: Cambridge University Press
ISBN: 1108835554
Category : Business & Economics
Languages : en
Pages : 365
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Book Description
A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
Author: Thomas G. Krattenmaker
Publisher: American Enterprise Institute
ISBN: 9780844740577
Category : Business & Economics
Languages : en
Pages : 400
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Book Description
The authors argue that TV regulation should be based on the same principles used for print media, for which control of editorial content lies in private hands rather than the government.
Author: Roger L. Sadler
Publisher: SAGE Publications
ISBN: 1506320651
Category : Language Arts & Disciplines
Languages : en
Pages : 476
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Book Description
Even though the First Amendment of the U.S. Constitution grants freedom of speech and freedom of the press, laws and regulations governing media frequently evolve as the media themselves do. As a result, it is often a challenge to keep pace with new laws and regulations. Electronic Media Law is a comprehensive, up-to-date textbook on the constantly changing and often complex world of electronic media law. Author Roger L. Sadler examines the laws, regulations, and court rulings affecting broadcasting, cable, satellite, and cyberspace. The book also looks at cases from the print media and general First Amendment law, because they often contain important concepts that are relevant to the electronic media. Electronic Media Law is written for mass media students, not for future lawyers, so the text is straightforward and explains "legalese." The author covers First Amendment law, political broadcasting rules, broadcast content regulations, FCC rules for station operations, cable regulation, media ownership rules, media liability lawsuits, intrusive newsgathering methods, media restrictions during wartime, libel, privacy, copyright, advertising law, freedom of information, cameras in the court, and privilege. Key Features Provides an easy-to-use format of chapter categories and sections that facilitate research on individual topics Frequently Asked Questions highlight important points from cases Explains complex, legal concepts in basic terms that give students the foundation for further studies in electronic media law Electronic Media Law provides an understanding of the First Amendment and the American legal system with an emphasis on the electronic media. It is an excellent textbook for undergraduate and graduate students studying broadcast law and media law.
Author: Tamara Piety
Publisher: University of Michigan Press
ISBN: 0472117920
Category : Law
Languages : en
Pages : 341
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Book Description
Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.
Author: Catherine J. Ross
Publisher: Harvard University Press
ISBN: 0674915771
Category : Law
Languages : en
Pages : 489
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Book Description
American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.
Author: David M. O'Brien
Publisher: Rowman & Littlefield Publishers
ISBN: 1442205121
Category : Political Science
Languages : en
Pages : 152
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Book Description
The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.
Author: John Vile
Publisher: CQ Press
ISBN: 9780872893115
Category : Reference
Languages : en
Pages : 1464
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Book Description
In the first work of its kind, this new and exciting two-volume reference comprehensively examines all the freedoms in the First Amendment, including free speech, press, assembly, petition, and religion. Encyclopedia of the First Amendment covers the political, historical, and cultural significance of the First Amendment. It provides exclusive, singular focus on what most people consider the essential elements of the Bill of Rights and the basic liberties that Americans enjoy.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Broadcasting
Languages : en
Pages : 120
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Book Description
