The Law of Public Communication

Preface. 1. Public Communication and the Law. The Sources of Law. The Courts. The Litigation Process: Civil and Criminal. Working with the Law. Limitations of Law. 2. The First Amendment. Theory of Freedom of Expression. Regulating Expression. Tests. Scope of the First Amendment: The Hierarchy of Protected Expression. Who Is Protected? Prior Restraints and Postpublication Punishment. Content-Neutral Regulations. 3. Libel. Libel Terminology. The Plaintiff. The Plaintiff's Burden of Proof. The Defendant's Case. Preventing Libel Suits. Ideas for Reform. 4. Privacy and Personal Security. Private Facts. Intrusion and Trespass. False Light. Commercialization. Emotional Distress and Personal Injury. 5. Intellectual Property. Copyright. Unfair Competition. 6. Corporate Speech. Referenda and Other Public Issues. Elections. Lobbying: The Right to Petition. Communication between Labor and Management. Securities Transactions. 7. Advertising. First Amendment and Advertising. Unfair and Deceptive Advertising. Federal Remedies. Other Federal Regulations. Media's Right to Refuse Advertising. Self-Regulation. 8. Obscenity and Indecency. Obscenity. Violent Pornography. Indecency. Controlling Nonobscene Sexual Expression. 9. The Media and the Judiciary. Defining Jury Bias. Remedies for Prejudicial Publicity. Controlling Conduct in Court. Controlling Prejudicial Publicity. Voluntary Cooperation. Contempt Power. 10. Protection of News Sources, Notes, and Tape. Protection under the Common Law. Protection under the First Amendment. Protection under State Statutes. Protection under Federal Statutes and Regulations. Congressional Authority. Search Warrants. Breaching Confidentiality. 11. Access to Information. Access and the Constitution. Access to Events. Access to Records. Access to Meetings. Obtaining Access: A Final Word. 12. Regulation of Broadcasting. Framework for Broadcast Content Regulations. Federal Communications Commission. Licensing the Broadcast Media. Regulation of Political Candidate Programming. Regulation of Public Issues Programming: The Fairness Doctrine. Other Programming Regulation. Noncommercial Broadcasting. Digital Television (DTV). Low-Power Television (LPTV). 13. Regulation of Cable, Internet, Telephone, and Other Electronic Media. Cable. Internet. Telephone. Other Electronic Communications Media. Appendix A: Finding and Reading the Law. Appendix B: The First Fourteen Amendments to the Constitution. Glossary. Case Index. Subject Index.