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Media Law: Cases and Materials
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
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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.
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