COMM 384 Mass Communication Law

Preface to the 7th Edition  “Preparing this edition has been a challenge.”  Fewer Supreme Court and significant lower court decisions  New concerns  “War on terrorism”  Government secrecy  Reluctance to make information available  Lessening protection for reporters’ confidential sources  Consolidation of ownership of media outlets  “Preparing this edition has been a challenge.”  Fewer Supreme Court and significant lower court decisions  New concerns  “War on terrorism”  Government secrecy  Reluctance to make information available  Lessening protection for reporters’ confidential sources  Consolidation of ownership of media outlets

How Courts Apply the First Amendment  Reasons for protecting freedom of speech  Models of First Amendment analysis  “Hate” speech  KKK cross burnings  Muslim cartoons  Reasons for protecting freedom of speech  Models of First Amendment analysis  “Hate” speech  KKK cross burnings  Muslim cartoons

Different Levels of First Amendment Protection  Internet  Print  Cable  Broadcasting  Ownership rules and consolidation  Internet  Print  Cable  Broadcasting  Ownership rules and consolidation

Prior Restraint  Government threats to prosecute the New York Times and other newspapers  Pentagon Papers (1968)  2006  Secret prisons overseas for terror suspects (Pulitzer Prize)  Leaks about domestic surveillance by unauthorized wiretaps (Pulitzer Prize)2010  WikiLeaks  Government threats to prosecute the New York Times and other newspapers  Pentagon Papers (1968)  2006  Secret prisons overseas for terror suspects (Pulitzer Prize)  Leaks about domestic surveillance by unauthorized wiretaps (Pulitzer Prize)2010  WikiLeaks

2010  Government did not seek to restrain WikiLeaks  New York Times  The Guardian  Der Spiegel  Government did not seek to restrain WikiLeaks  New York Times  The Guardian  Der Spiegel

Judicial Proceedings  High profile cases--need to avoid trial by press (rather than a jury)  Timothy McVeigh  O.J. Simpson  Michael Jackson  Duke University Lacrosse Team alleged rape  Casey Anthony  High profile cases--need to avoid trial by press (rather than a jury)  Timothy McVeigh  O.J. Simpson  Michael Jackson  Duke University Lacrosse Team alleged rape  Casey Anthony

Elections  Equal opportunity  Reasonable access  Indecent political ads  2010 Supreme Court decision  Citizens United v. Federal Elections Commission  Equal opportunity  Reasonable access  Indecent political ads  2010 Supreme Court decision  Citizens United v. Federal Elections Commission

Sexually Explicit Speech  Obscenity not protected  Indecency sometimes protected  Broadcasting  Cable  Internet  Janet Jackson and the Super Bowl Halftime  FCC and recent indecency fines  Fox Broadcasting v. F.C.C. (2009)  Fox Broadcasting v. F.C.C. (2d Cir. 2010)  Obscenity not protected  Indecency sometimes protected  Broadcasting  Cable  Internet  Janet Jackson and the Super Bowl Halftime  FCC and recent indecency fines  Fox Broadcasting v. F.C.C. (2009)  Fox Broadcasting v. F.C.C. (2d Cir. 2010)

Commercial Speech/Advertising  1942  No 1A protection for advertising  1975  Balancing   Special problems  Gambling  Alcohol  tobacco  1942  No 1A protection for advertising  1975  Balancing   Special problems  Gambling  Alcohol  tobacco

Defamation and Invasion of Privacy  Harming reputation by communicating falsehoods about a person  Invading privacy by disclosing truths about a person (that the person would prefer to keep to herself)  Harming reputation by communicating falsehoods about a person  Invading privacy by disclosing truths about a person (that the person would prefer to keep to herself)

Physical Harm  Behavior that copies bad media behavior  Examples  “The Deer Hunter”  “The Burning Bed”  “Natural Born Killers”  How-to manuals about crime  Behavior that copies bad media behavior  Examples  “The Deer Hunter”  “The Burning Bed”  “Natural Born Killers”  How-to manuals about crime

Copyright  “The DaVinci Code”  File sharing  J K Rowling  Artists’ Rights in Their Songs  Bob Dylan  Bruce Spreenstein  Billy Joel, etc.  “The DaVinci Code”  File sharing  J K Rowling  Artists’ Rights in Their Songs  Bob Dylan  Bruce Spreenstein  Billy Joel, etc.

Trespass and Intrusion in News Gathering  Covering accidents and disasters  Undercover investigations  Intercepting cell phone calls  Use of outtakes  Covering accidents and disasters  Undercover investigations  Intercepting cell phone calls  Use of outtakes

Access to Information/Places Held by Government  Freedom of information after 9/11  Covering military operations  Press pools  Embedded reporters in Iraq  Photographing caskets  Freedom of information after 9/11  Covering military operations  Press pools  Embedded reporters in Iraq  Photographing caskets

Access to Judicial Proceedings  Pre-trial hearings  Jury selection  Trial  Special issues after 9/11  Pre-trial hearings  Jury selection  Trial  Special issues after 9/11