Table of Contents
1. Introducing the American Legal System.
Why Are You Here? reasons for studying communication law
Sources of Communication Law.
An Overview of the American Judiciary.
2 . The Development of Freedom of Speech.
Speech as the American Freedom?
Freedom of Speech from the Colonial Period Through the World War I Era.
Freedom of Speech Doctrine Emerges.
Theories of First Amendment Adjudication.
The Value of Freedom of Expression.
Is Freedom of Expression Overrated?
Some Transcendent First Amendment Doctrines.
Regulating the Business of Communication.
3. Defamation: Common Law Elements.
Elements of a Libel Suit.
Some Common Law and Statutory Defenses to Libel.
4. Defamation: First Amendment Limitations.
Introducing New York Times v. Sullivan.
Some Unanswered Questions from Sullivan.
Gertz v. Welch — The Court's Other Landmark Libel Decision.
A Final Word on Avoiding Libel Suits.
5. Invasions of Privacy.
A Tale of Two Law Review Articles.
Appropriation.
Intrusion.
False Light.
Privacy in Only One of Four Torts?
Public Disclosure.
I May Publish It, but Should I Publish It?
6. Copyright and Trademark.
The Law of Copyright.
Copyright's Scope.
Things that Cannot be Copyrighted.
How Can You Protect Your Copyright?
Who Owns the Copyright?
Bringing a Copyright Infringement Suit.
The Fair Use Doctrine.
The Law of Trademarks.
Kinds of Marks.
What Makes a Mark Protectable?
Trademark Infringement.
Use It or Lose It: The Fear of Going Generic.
7. Access to Information.
News Gathering: the Constitutional Framework.
Access to Public Information: the Statutory Framework.
Private “Censorship” of Information.
8. Reporting on the Judiciary.
A Clash of Rights.
The Contempt Power.
Trial Judges' Burden of Proof.
The Unusual American Balancing Act.
What's a Judge to Do? The Supreme Court and the Fugitive.
Remedies That Do Not Infringe upon Freedom of the Press.
Preventing Prejudicial Publicity: Gag Orders.
Closing Reporters Out.
Access to Judicial Documents.
TV in Court.
9. Protecting News Sources.
Reporters and Confidential Sources.
The First Amendment & Confidential Sources: Branzburg v. Hayes.
State Reporter Shield Laws.
Federal Department of Justice Guidelines.
Newsroom Searches.
Betraying a Pledge of Confidentiality.
10. Regulation of Advertising.
The Supreme Court and Commercial Speech.
Statutory and Regulatory Approaches.
Industry Self-Regulation.
Regulation of Political Campaign Advertising.
11. Sexually Oriented Speech.
Thinking about the Obscene.
Development of Obscenity Law in America.
Child Pornography.
Pornography as a Civil Rights Issue: The Feminist Response.
Other Means of Regulating Sexual Materials.
12. Broadcast, Cable, & Satellite TV Regulation.
The Birth of Broadcast Regulation.
Structure and Powers of the FCC.
Why Treat Broadcast & Print Media Differently?
Broadcast Regulations: Licensure and Ownership.
Broadcast Regulations: Consumers and Technology.
Broadcast Regulations: Content.
Regulation of Cable TV.
Some Other “New Media.”
13. Communication Law and the Internet.
What Makes the Internet Different?
An Infinite Number of Information Sources.
A Lack of Gatekeepers.
Parity Among Senders and Receivers.
Extraordinarily Low Cost.
Jurisdictional Ambiguity.
Developments in Communication Law Online.
Libel Online.
Trademark and Copyright Online.
"Copying" in a Digital World.
MP3 Web Sites and the Music Industry.
SYSOP/ISP Liability.
Trademark, URL Addresses, and Web Site Interactions.
Databases and Authors' Rights.
Privacy Online.
Online Privacy at Work.
Online Privacy and the Government.
Online Privacy and the Private Sector.
Sexual Messages Online.
