What is Wrong with the First Amendment? PDF Download
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Author: Steven H. Shiffrin
Publisher: Cambridge University Press
ISBN: 1107160960
Category : Law
Languages : en
Pages : 241
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Book Description
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
Author: Robert N. Spicer
Publisher: Springer
ISBN: 3319698206
Category : Social Science
Languages : en
Pages : 159
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Book Description
This book examines the history of the legal discourse around political falsehood and its future in the wake of the 2012 US Supreme Court decision in US v. Alvarez through communication law, political philosophy, and communication theory perspectives. As US v. Alvarez confirmed First Amendment protection for lies, Robert N. Spicer addresses how the ramifications of that decision function by looking at statutory and judicial handling of First Amendment protection for political deception. Illustrating how commercial speech is regulated but political speech is not, Spicer evaluates the role of deception in politics and its consequences for democracy in a contemporary political environment where political personalities, partisan media, and dark money donors bend the truth and abuse the virtue of free expression.
Author: United States. Federal Trade Commission. Bureau of Consumer Protection
Publisher:
ISBN:
Category : Advertising
Languages : en
Pages : 32
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Book Description
Author: Dean K. Fueroghne
Publisher: Rowman & Littlefield
ISBN: 1442244895
Category : Business & Economics
Languages : en
Pages : 398
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Book Description
In this lively, entertaining, and informative book, Dean K. Fueroghne guides readers through the complex laws governing the creation of advertising, illuminating a heavily regulated arena at the intersection of free enterprise and consumer protection. Is it acceptable to use images of real people, famous or not? Can Nike talk about Adidas in its promotional campaign? When can money be shown? What constitutes puffery, or deceptive truth, or bait-and-switch advertising? What are the specific rules pertaining to professional businesses, political advertising, or the marketing of alcohol or tobacco? What is the difference between copyright and trademark? Fueroghne answers these questions and more as he covers the complex laws relevant to advertising in all its guises. In addition to discussing specific cases, he explains the reasoning behind the court’s decisions and how it affects the business of advertising. Students of strategic communication as well as advertising professionals—from agency account executives and copywriters to art directors and freelance designers—will learn to anticipate when proposed advertising may cause legal problems and how to avoid costly mistakes. Advertising lawyers will also appreciate the book as a handy reference that gathers in one place the many disparate laws affecting marketing and promotion in the United States today.
Author: Martin H. Redish
Publisher: Cambridge University Press
ISBN: 110841740X
Category : Law
Languages : en
Pages : 189
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Book Description
A bold, controversial advance in the theory of free expression, grounded in a new underlying theoretical perspective, for a dramatic extension of commercial speech protection.
Author: United States. Congress. House. Committee on Government Operations
Publisher:
ISBN:
Category : Advertising
Languages : en
Pages : 242
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Book Description
Author: Anne Barnhill
Publisher: Oxford University Press
ISBN: 0190699248
Category : Social Science
Languages : en
Pages : 817
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Book Description
Academic food ethics incorporates work from philosophy but also anthropology, economics, the environmental sciences and other natural sciences, geography, law, and sociology. Scholars from these fields have been producing work for decades on the food system, and on ethical, social, and policy issues connected to the food system. Yet in the last several years, there has been a notable increase in philosophical work on these issues-work that draws on multiple literatures within practical ethics, normative ethics and political philosophy. This handbook provides a sample of that philosophical work across multiple areas of food ethics: conventional agriculture and alternatives to it; animals; consumption; food justice; food politics; food workers; and, food and identity.
Author: Gabriele Siegert
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110416832
Category : Social Science
Languages : de
Pages : 387
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Book Description
In today’s digital age, online and mobile advertising are of growing importance, with advertising no longer bound to the traditional media industry. Although the advertising industry still has broader access to the different measures and channels, users and consumers today have more possibilities to publish, get informed or communicate – to “co-create” –, and to reach a bigger audience. There is a good chance thus that users and consumers are better informed about the objectives and persuasive tricks of the advertising industry than ever before. At the same time, advertisers can inform about products and services without the limitations of time and place faced by traditional mass media. But will there really be a time when advertisers and consumers have equal power, or does tracking users online and offline lead to a situation where advertisers have more information about the consumers than ever before? The volume discusses these questions and related issues.
Author: Jennifer Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170
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Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Author: Lyle Dean MacWilliam
Publisher:
ISBN: 9780981284019
Category : Dietary supplements
Languages : en
Pages :
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Book Description
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.
