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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: Lucas A. Powe
Publisher: Univ of California Press
ISBN: 0520377133
Category : Performing Arts
Languages : en
Pages : 309
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Book Description
Why have radio and television never been granted the same First Amendment freedoms that we have always accorded the printed word? In this fascinating work, Lucas A. Powe, Jr., examines the strange paradox governing our treatment of the two types of media. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1987.
Author: Lucas A. Powe
Publisher: Univ of California Press
ISBN: 0520413903
Category : Performing Arts
Languages : en
Pages : 308
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Book Description
Why have radio and television never been granted the same First Amendment freedoms that we have always accorded the printed word? In this fascinating work, Lucas A. Powe, Jr., examines the strange paradox governing our treatment of the two types of media. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1987.
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: Newton Minow
Publisher: Macmillan
ISBN: 0809015897
Category : Performing Arts
Languages : en
Pages : 254
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Book Description
Broadcasters, parents, public officials, and teachers have all abandoned our children to a wasteland of vacuous, often violent television programing. In this eloquent book, Newton Minow and Craig LaMay persuasively demonstrate that this is a false application of the First Amendment. Broadcasters are required by law to serve the public interest, and the Supreme Court and Congress have said that service to children is a broadcaster's obligation under law, they remind us; the First Amendment can be used on behalf of children, to help make television a force that will nurture and not harm them.
Author: David S. Allen
Publisher: NYU Press
ISBN: 9780814706381
Category : Law
Languages : en
Pages : 312
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Book Description
In a society that prides itself on the most expansive legal guarantees of free speech in history, why are so many individuals and groups frustrated by the American system of freedom of expression? As the public sphere continues to be redefined by advances in technology, and new debates about this technology crop up daily, the time has come to move from reflexive discussions about the value of more speech to a detailed assessment of the real power and limits of speech.Why, this volume asks, does the First Amendment--the very document intended to ensure the freedom of U.S. citizens--need to be freed? And from what?Long an icon in American law, politics, and journalism, the First Amendment--and the potential and real dilemmas with which it presents us--have only recently begun to be scrutinized. Challenging the idea that the only champions of free speech are traditional liberal theorists who oppose alternatives to the mainstream interpretation of the First Amendment, the contributors to this volume, among them such prominent thinkers as Frederick Schauer, Owen Fiss, and Cass Sunstein, explore new and provocative ways to think about freedom of expression. By reformulating traditional liberal and libertarian approaches to the First Amendment, this volume convincingly disputes the notion that those who question an unwavering reliance on free- and-open competition between individuals to produce free expression are necessarily enemies of free speech. It argues instead that these alleged enemies can in fact be champions as well.
Author: Marc A. Franklin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 764
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Book Description
The First Amendment & the Fourth Estate: The Law of Mass Media provides text, court opinions & other materials. Topics include an introduction to freedom of expression & the American legal system, defamation, privacy, liability for emotional & physical harm, obscenity, confidentiality, & press coverage of the administration of justice. Also included are copyright & trademark, national security, advertising regulation, & ownership. The book provides an introduction to broadcasting & broadcast programming, & cable & other new communication technologies. This edition includes edited court opinions of more than 25 principal cases & treatment of many more cases in note form.
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: 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: Henry Cohen
Publisher: DIANE Publishing
ISBN: 1437925553
Category : Political Science
Languages : en
Pages : 39
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Book Description
This report provides an overview of the major exceptions to the First Amendment ¿ of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. Contents: Intro.; Obscenity; Child Pornography; Content-Based Restrictions; Non-Content-Based Restrictions; Prior Restraint; Commercial Speech; Defamation; Speech Harmful to Children; Children¿s First Amend. Rights; Time, Place, and Manner Restrictions; Incidental Restrictions; Symbolic Speech; Compelled Speech; Radio and TV; Freedom of Speech and Gov¿t. Funding; Free Speech Rights of Gov¿t. Employees and Gov¿t. Contractors; and Public Forum Doctrine.
