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Author: Daniel L Brenner
Publisher: Routledge
ISBN: 0429967853
Category : Social Science
Languages : en
Pages : 368
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Book Description
This revised casebook-plus-commentary offers a basic introduction to the traditional regulation of telephone companies as well as the new lines of businesses they have entered. Drawing on historical and contemporary court decisions as well as on FCC and legislative materials, Brenner documents and evaluates the past twenty years of regulation of the telecommunications industry. In particular, he traces the major regulatory changes from the time of AT&T's single-firm dominance to the increasingly competitive marketplace of today. The law and literature necessary to understand the development and trends in telecommunications are voluminous and, up until now, have been difficult to locate in one place. This book presents the critical concepts and shifts in communications policy coherently and concisely. In this revised and expanded edition, Brenner provides excerpts and comments upon the key decisions in the field, ordering them in a readily accessible manner. He assumes no specialized background in technology, law, or economics. Brenner provides an ideal introduction to this increasingly important field for professionals as well as for scholars and students interested in communications and communications policy.
Author: Daniel L Brenner
Publisher: Routledge
ISBN: 0429967853
Category : Social Science
Languages : en
Pages : 368
Get Book Here
Book Description
This revised casebook-plus-commentary offers a basic introduction to the traditional regulation of telephone companies as well as the new lines of businesses they have entered. Drawing on historical and contemporary court decisions as well as on FCC and legislative materials, Brenner documents and evaluates the past twenty years of regulation of the telecommunications industry. In particular, he traces the major regulatory changes from the time of AT&T's single-firm dominance to the increasingly competitive marketplace of today. The law and literature necessary to understand the development and trends in telecommunications are voluminous and, up until now, have been difficult to locate in one place. This book presents the critical concepts and shifts in communications policy coherently and concisely. In this revised and expanded edition, Brenner provides excerpts and comments upon the key decisions in the field, ordering them in a readily accessible manner. He assumes no specialized background in technology, law, or economics. Brenner provides an ideal introduction to this increasingly important field for professionals as well as for scholars and students interested in communications and communications policy.
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. ยง 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: United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 508
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Book Description
Author: Ithiel de Sola Pool
Publisher: Harvard University Press
ISBN: 0674042212
Category : Political Science
Languages : en
Pages : 312
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Book Description
How can we preserve free speech in an electronic age? In a masterly synthesis of history, law, and technology, Ithiel de Sola Pool analyzes the confrontation between the regulators of the new communications technology and the First Amendment.
Author: Taylor & Francis Group
Publisher:
ISBN: 9780367316617
Category :
Languages : en
Pages :
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Book Description
Author: Peter William Huber
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 296
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Book Description
Huber (Manhattan Institute for Policy Research) recounts the history of telecommunications and its regulation over the last century, arguing that the FCC should have been abolished years ago because it has protected monopolies, over priced services, curtailed free speech, and undermined privacy. He proposes that sensible telecommunications policies evolve through common law and not through government imposition of inflexible regulatory mandates. For general readers. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Andrej Savin
Publisher: Edward Elgar Publishing
ISBN: 1786431807
Category : Business & Economics
Languages : en
Pages : 459
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Book Description
Providing a comprehensive overview of the current European regulatory framework on telecommunications, this book analyses the 2016 proposal for a European Electronic Communications Code (EECC). The work takes as its basis the 2009 Regulatory Framework on electronic communications and analyses each of its five main directives, comparing them with the changes proposed in the EECC. Key chapters focus on issues surrounding choosing the right regulatory model in order to secure effective investment in next-generation networks and ensure their successful deployment.
Author: Daniel L Brenner
Publisher: Westview Press
ISBN:
Category : Law
Languages : en
Pages : 378
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Book Description
This revised casebook-plus-commentary offers a basic introduction to the traditional regulation of telephone companies as well as the new lines of businesses they have entered. Drawing on historical and contemporary court decisions as well as on FCC and legislative materials, Brenner documents and evaluates the past 20 years of regulation of the telecommunications industry. In particular, he traces the major regulatory changes from the time of AT&T's single-firm dominance to the increasingly competitive marketplace of today.The law and literature necessary to understand the development and trends in telecommunications are voluminous and, up until now, have been difficult to locate in one place. This book presents the critical concepts and shifts in communications policy coherently and concisely. In this revised and expanded edition, Brenner provides excerpts and comments upon the key decisions in the field, ordering them in a readily accessible manner. He assumes no specialized background in technology, law, or economics. Brenner provides an ideal introduction to this increasingly important field for professionals as well as for scholars and students interested in communications and communications policy.
Author: Herbert Hovenkamp
Publisher: Harvard University Press
ISBN: 9780674038837
Category : Law
Languages : en
Pages : 470
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Book Description
In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.
Author: United States
Publisher:
ISBN:
Category : Interstate commerce
Languages : en
Pages : 294
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Book Description
