Monday, July 5, 2021

Welcome, Legal Scholars!

You could not have picked a more fascinating time to delve into the fast-changing world of communications law and ethics!

Ongoing fights over free speech on college campuses. Disputes over kneeling during the national anthem. A president who uses social media to communicate national policy. Accusations of "fake news" and online misinformation. Breaches of online privacy that have affected millions of unsuspecting users. And on and on — media law and the First Amendment are in the headlines on a daily basis!

The strength of the First Amendment is being tested as never before. Journalists are being thrown into jail merely for doing their jobs. And just as the Internet helps all of us connect more easily and reach larger audiences, governments seek new ways to limit the free flow of information.

We have a lot of work ahead, but I hope you'll find this area of the law exciting. Don't hesitate to ask for help along the way. Send me an e-mail any time. If I'm awake, I'll answer.




Sunday, July 4, 2021

Varying Levels of Protection

When, where and how protesters choose to send their message
affects their level of First Amendment protection.

READ   This short description of Prior RestraintsHERE  

READ   The tips and instructions in the tab above labeled PAPER.

WATCH   The instructional videos posted in the PAPER tab above. I'll be adding more soon.

WATCH  VERY CAREFULLY this week's videos and take very good notes to prepare for the quiz.

TAKE  This week's quiz at your own pace and on your own schedule. You get only one attempt. I set the timer for 90 minutes, so that should be plenty of time.

 
THIS WEEK'S VIDEOS









Monday, May 31, 2021

Copyright Law

J.K. Rawling sued her most devoted fan because he wrote a book based on her work.

READ   This overview article about copyright law and the First Amendment.

STUDY   The set of PowerPoint slides under Content on Blackboard labeled Copyright.

STUDY   The actual text of Section 107 from the U.S. Code that sets out the Four Fair Use Factors: Limitations on Exclusive Rights: Fair Use.

 WATCH   This week's videos and take very good notes. Don't forget there are instructional videos under the PAPER tab above as well.

LISTEN   To an example of music infringement from a real case — The Rubinos v. Lavigne. You may love Avril Lavigne, but she is a thief! 

TAKE   This week's quiz on Blackboard. You have one week and 90 minutes.


THIS WEEK'S VIDEOS














Wednesday, May 30, 2018

Trademark & Strat Com Regulation

Listen closely to the "Mad Men" clip below. Smart television based on facts that changed the course of advertising.

EXPLORE   This Wikipedia entry about Trademark Law.

READ   This short overview about regulation of advertising, PR and marketing: Advertising & First Amendment.

STUDY   The PowerPoint slides on Blackboard labeled Trademark.

STUDY   The PowerPoint slides on Blackboard labeled Ad Regulation.

TAKE   This Quiz 3. You'll have a week to complete it on Blackboard. HEADS UP: This is a big quiz. I've set the timer for 120 minutes (should be plenty).


THIS WEEK'S VIDEOS











Libel Law

There was a direct link between the civil rights struggle and New York Times v. Sullivan. It even directly involved MLK.

SKIM   The very good Wikipedia entry about New York Times. v. Sullivan. Note that a key development was the creation of "actual malice" — knowledge of falsity or reckless disregard for the truth.

SKIM   This overview article by First Amendment scholar David Hudson. Stop where it says "Elements of a Defamation Case." Note his discussion of plaintiff categories: Public Official, Public Figure, Limited Public Figure and Private Person.

BROWSE   And enjoy this civil rights time line created by History.com. 

READ   This short explanation of trade libel. A business can be defamed just like a person. If a business sues for trade libel, it must prove actual malice. This has become a big issue because of review sites like Yelp.

THIS WEEK'S VIDEOS












Tuesday, May 29, 2018

Libel Law Supplement

Which freedoms are on display?


We will ground our discussion of libel law in the history of the civil rights movement. I'll lecture on this theme: MLK, the Warren Court and Transformation of the First Amendment, and you will relate it to your discoveries in writing about the March on Washington.

The great New York Times v. Sullivan (1964) was the most important press case of that era and, indeed, of the 20th century. This is the only case that I will ask you — and expect you — to read in full this semester. We will spend an entire class period discussing this case, and it will be tested extensively on the third exam. It is imperative that you read and understand this case.

Start by reading this short history: Wikipedia entry

The link below is to the majority opinion by Associate Justice Brennan, who was a First Amendment expert. The link is to the Cornell Law School website, and there, you also can click on "Syllabus" for a short summary of the legal holding in the case. Please also look at the concurring opinion by Associate Justice Hugo Black.

New York Times v. Sullivan

As an optional reading, you might take a few minutes to scan this short overview article from the First Amendment Center's website: Libel & Defamation

Study aids: You should print out the extensive PowerPoint slides on Blackboard. I think it works best to print as a hand-out with three slides per page. You also should faithfully reproduce The Big Chart, which I'll teach you on the board.

Three-Level Timeline & Race In America Timeline, combined


The brackets at the top represent the portion of my lecture titled "Race, Legal Junctures and Historical Eras." The Three-Level Timeline below charts the major breakthroughs of the Civil Rights Era, with emphasis on important First Amendment cases.


This image picks up the last bit of both timelines.


Behold, The Big Chart!

Access Law

Every document the government produces ultimately belongs to the American people. We pay for it, after all.

WATCH   The 2-minute trailer for the riveting 2016 movie based on real events SNOWDEN. I hope it will entice you to watch it. You can watch it right on YouTube for $2.99. There is also a 1-hour documentary about Edward Snowden from 2015, also very good, for FREE on YouTube: Snowden: Terminal F.

READ   This news article from July 13 to gain an understanding of why the issue is important: Reporters Committee and six news organizations seek to unseal court filings in conspiracy case against police officers related to shooting death of Chicago teen.

 CHECK OUT   The government Web site that shows you how to request classified documents — anyone can do it — FOIA.gov

SKIM   This overview about government records. If you haven't started your paper, this could spark an idea.

SKIM   This overview about government meetings. If you haven't started your paper, this could spark an idea.

STUDY   The PowerPoint slides labeled Access Law on Blackboard.

.TAKE   Quiz 7 by 11:30 p.m. Sunday, July 22.


THIS WEEK'S VIDEOS







Monday, May 28, 2018

Privacy Law



Please skim this easy-to-read background piece about the Four Privacy Torts on the First Amendment Center's website: Privacy Overview

 It begins like this:
     “Privacy is the battleground of the future.” — Lee Levine, leading First Amendment attorney
     Perhaps the greatest clash involving freedom speech has been the continuing collision between freedom of the press and the right to privacy. Many First Amendment advocates view this clash as the greatest threat to First Amendment freedoms. The press has been targeted for its intrusive newsgathering techniques and for publishing information about people’s private lives.

Please see accompanying PowerPoint slides on Blackboard marked "Privacy Torts."

Sunday, August 24, 2014

Varying Levels Supplement


The more First Amendment cases the Supreme Court hears, the more complex First Amendment law becomes. One key way the court has made this area of law  more complex is by establishing Varying Levels of  First Amendment Protection, which will be the subject under discussion in Week 4.

Seeing my students struggle in the past to absorb these concepts and their corresponding cases from a traditional textbook, I developed the Stair-Step Method. This is a visual way of organizing the material into more manageable parts. Hence, we have the Five Stair-Step Visualizations:

     Levels of Scrutiny
     Levels of Protection by Type of Medium
     Levels of Protection by Type of Speech
     Levels of Protection by Type of Speaker
     Levels of Protection by Type of Forum

Below, we see the Levels of Scrutiny stair step on the bottom and the Levels of Protection by Type of Medium stair step above:

click to enlarge

Below, we have Levels of Protection by Type of Speech:


Finally, below, Levels of Protection by Type of Speaker and Type of Forum:



Friday, August 22, 2014

Prior Restraints



CLICK for 15-minute excerpt
PRIOR RESTRAINT NEWS: See this outrageous story about a gag order against a young journalist and open-government advocate:  Barrett Brown Can't Talk About Why the Government Wants to Jail Him 100 Years

After the overview sections "How Law Is Made" and "The First Amendment," the first substantive section we'll tackle is Prior Restraints.

This doctrinal line of cases started with the breakthrough case of Near v. Minnesota (1931). (That's the Wikipedia entry.)

Please read this overview of this issue by the First Amendment Center: Prior Restraints

We will discuss the issues in the second, third and fourth links as subsets, or types, of prior restraints. Think about how they are related:

Gag Orders

People in the Courtroom
 
Cameras in the Courtroom

How do these act as prior restraints? How are prior restraints patently different than subsequent punishments? Should one be treated more seriously under the First Amendment than the other?

Tuesday, September 18, 2012

Links for Legal Research

The list of links below was compiled by Dean Tremblay for his section of media law. He has graciously given me permission to share it with you to help jump start your research.

First, check out the three we looked at in class: First Amendment CenterReporters Committee for Freedom of the Press and media law blogs
 

General Legal Reference Sites:
Federal and State Cases: http://www.findlaw.com
Supreme Court Rulings: http://www.law.cornell.edu/supct/
                                        www.supremecourtus.gov
Library of Congress/Thomas: http://thomas.loc.gov
High Point library reference site: http://library.highpoint.edu/
__________

Specific Sites Relevant to Communication Law or Research Style:
Advertising Age: www.adage.com
American Civil Liberties Union: http://www.aclu.org
APA Style:  www.apastyle.org
Broadcasting and Cable Magazine: http://www.broadcastingcable.com
Editor and Publisher: www.editorandpublisher.com
Federal Communications Commission: http://www.fcc.gov
Federal Trade Commission: http://www.ftc.gov
National Association of Broadcasters: http://www.nab.org
Securities and Exchange Commission: www.sec.gov
Student Media Law:  http://www.splc.org