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Rowman & Littlefield Publishers, Inc.
Communication Law in America / Edition 4

Communication Law in America / Edition 4

by Paul SiegelPaul Siegel
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Communication Law in America is a comprehensive, easy-to-follow overview of the complicated ways in which U.S. law determines who may say what to (and about) whom. It covers the usual content- libel, invasion of privacy, copyright and trademark, access to government information, advertising, electronic media- all the while giving readers a sense of how and why this country has come to weigh freedom of speech above competing freedoms far more often than in other Western democracies.

This fourth edition of the well-received text boasts over 300 new citations, including discussion of a dozen U. S. Supreme Court decisions handed down since the previous edition.
The nearly 200 still photos and over 80 videos on the author-maintained website - generally not images of litigants but of the actual artifacts (TV and movie scenes, advertisements, news reports) that led to the law suits- have always represented dramatic added value to students and professors alike. The new edition includes 35 new visual elements, including 20 videos.

The text also offers a new section on how the First Amendment applies to special populations, including students, government employees in general, and the military in particular.

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Product Details

ISBN-13: 9781442226227
Publisher: Rowman & Littlefield Publishers, Inc.
Publication date: 03/16/2014
Edition description: Fourth Edition
Pages: 540
Product dimensions: 8.80(w) x 11.10(h) x 2.30(d)
Age Range: 18 Years

About the Author

Paul Siegel is professor of communication at the University of Hartford. He has been teaching course work in media law for over 30 years—at American University, Catholic University, Gallaudet University, George Mason University, Illinois State University, Keene State College, Tulane University, the University of Connecticut, the University of Missouri, and the University of North Carolina. He has also published dozens of book chapters and law review and communication journal articles on various subjects related to communication law. Siegel was the founding executive director of the American Civil Liberties Union of Kansas and Western Missouri.

Table of Contents

1 Introducing the American Legal System
An Overview of the American Judiciary
A Three-Tiered Hierarchy
The Scope of a Precedent
The Current U.S. Supreme Court
Going to Court: Civil or Criminal
The Appeals Process
Decisions and Opinions
Legal Citations- How to Find the Cases
Sources of Communication Law
The First Amendment
Other Sources of Communication Law in the Federal Constitution
State Constitutions and Communication Law
Executive Orders
Administrative Agency Decisions
Common Law and the Law of Equity
Chapter Summary

2 The Development of Freedom of Speech
Speech as the American Freedom?
Freedom of Speech from the Colonial Period through World War I
Freedom of Speech Doctrine Emerges
The Early 20th Century Cases
The Brandenburg Test: Imminent Lawless Action
After 9/11
Theories of First Amendment Adjudication
Free Speech as the Absence of Prior Restraint?
First Amendment Absolutism
Access Theory
Balancing Theories
The Value of Freedom of Expression
Checking on Government Abuse
Letting Off Steam
Is Freedom of Expression Overrated?
Some Transcendent First Amendment Doctrines
A Right to Hear (and Read)
A Right not to Speak
Symbolic Conduct
Time, Place and Manner Restrictions
Public Forum Analysis
Quintessential Public Forums
Limited Public Forums
Nonpublic Forums
Regulating the Business of Communication
Antitrust Laws
Workplace Law
Communication Law in Special Settings
Government Employees
Chapter Summary

3 Defamation: Common Law Elements
Elements of a Libel Suit
Libel Per Se, Libel Per Quod, and Implied Libel
Who Has to Believe?
What Does It All Mean?
Headlines and Captions
Defaming People, Corporations, and Products
How Much Does It Hurt?
Naming and Identifying
Identification in Fiction
The Numbers Game
Some Common Law and Statutory Defenses to Libel
Chapter Summary

4 Defamation: First Amendment Limitations
Introducing New York Times v. Sullivan
The Birth of the Actual Malice Rule
Applying the Rule
Libel and Sedition
Two Famous Metaphors
Some Unanswered Questions from Sullivan
Who is a "Public Official?"
What is "Official Conduct?"
Who Else Should Be Required to Prove Actual Malice?
What Are Sullivan's Implications for the Truth Defense?
A Legal or Factual Question?
What Journalistic Excesses Constitute Actual Malice?
Is There Such a Thing as a Defamatory Opinion?
Can Libel Plaintiffs Sue for Intentional Infliction of Emotional Distress?
Is a Reporter's "State of Mind" Relevant?
In what other ways has the Court "Fine Tuned" the Actual Malice Rule?
Gertz v. Robert Welch, Inc.: The Other Landmark Libel Decision
A Reaffirmation of the "Who Is the Plaintiff?" Question
Two Kinds of Public Figures
The Fault Element and Private Plaintiffs
Punitive or Presumed Damages and Actual Malice
Proof of Damages
Chapter Summary

5 Invasion of Privacy
A Tale of Two Law Review Articles
Two Actions or One?
What is a Likeness?
Look-Alikes and Sound-Alikes
The Political Figures Exception
The Booth Rule
Ride-Along Intrusions
Intrusions and Fraud
False Light
The Hill family
Public Disclosure
Publicly Disclosing Information
Previously Private Information
Highly Offensive Revelations
A Defense Swallowing the Tort?
The Supreme Court and Public Disclosure
Chapter Summary

6 Copyright and Trademark
The Law of Copyright

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