This edition examines new forces influencing media law while continuing to focus on foundational cases and principles that have shaped the field since its inception. New material includes increasing government secrecy and its impact on freedom of information; the latest on net neutrality; new restrictions on newsgathering including legislation involving drones; recent jurisprudential tests that unmask anonymous internet speakers; increasing potential liability for internet re-publishers despite older legal protections; newer changes in copyright protections in the wake of internet publishing; increasing judicial concerns about privacy and the reshaping of legal determinations including newsworthiness; and the increasingly difficult-to-answer question of who deserves shield law and other legal protections traditionally reserved for journalists. The casebook, written by authors who collectively have taught and researched media law for more than a century, focuses on the legal precedents that help shape judicial and legislative responses to today’s new media.


Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 07/19/2016

Marc A. Franklin, Stanford Law School

David A. Anderson, University of Texas School of Law

Lyrissa Barnett Lidsky, University of Florida College of Law

Amy Gajda, Tulane University School of Law

CasebookPlus™

This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

  • A new print or digital casebook
  • Access to a downloadable eBook with the ability to highlight and add notes
  • 12-month access to a digital Learning Library complete with:
Multiple-choice self-assessment questions, including:
  • Chapter questions keyed to the casebook
  • Black Letter Law questions (available in select subjects)
  • Subject area review questions for end of semester use
Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.

With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

New material in the 9th Edition includes:

Discussion of government use of the Espionage Act to obtain search warrants for a journalist’s emails

Discussion of remedies for unconstitutional press censorship by public officials

Discussion of the constitutionality of criminalization of false speech

Discussion of new cases complicating the distinction between commercial and non-commercial speech

Discussion of Sorrell v. IMS Health, 131 S.Ct. 2653 (2011)

Discussion of the FCC’s 2011 and 2014 Proposed Rulemakings Concerning Broadcast Ownership Rules

New principal case: FCC v. Fox Television Stations, 132 S.Ct. 2307 (2012)

Latest indecency regulation developments

Discussion of Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015).

Discussion of Brown v. Entertainment Merchants Assn., 131 S.Ct. 2729 (2011).

New principal article on Net Neutrality

New principal case: Snyder v. Phelps, 562 US. 443 (2011).

Discussion of ag-gag laws

Discussion of Doe v. Internet Brands, Inc. DBA Modelmayhem.com (9th Cir.)

Discussion of copyright restrictions on the use of internet content

Discussion of news reporting as fair use

New principal case: Authors Guild v. Google, 804 F.3d 202 (2015).

Extended note on subpoenas and leaks investigation, and U.S. v. Sterling, 724 F.3d 482 (4th Cir. 2013).

Extended discussion of new media and government surveillance

New principal case: Chevron Corp. v Berlinger, 629 F.3d 297 (2011).

Discussion of empaneling of anonymous juries

Extended discussion of increasing privacy concerns and how once-deferential courts are grappling with questions of newsworthiness

Extended discussion of who is a journalist deserving of shield law and other protections

A new focus on the Communications Decency Act and important court decisions that may be weakening protection for some internet publishers

Discussion of newer legislative responses to drones and other technological advances in newsgathering

Discussion of the various tests that courts use to unmask anonymous internet speakers and related trends

Discussion of how defamation law applies to internet publishing, including websites that collect consumer reviews

An updated focus on anti-SLAPP legislation and the newer cases that have interpreted such laws

Extended discussion of new government secrecy and the impact on Freedom of Information Act requests

A focus on the potential resurgence of the false light tort

Discussion of increasing privacy protections for families of accident victims

New principal case: Salzano v. North Jersey Media Group, 993 A.2d 778 (N.J. 2010)

Learn more about this series.