First Amendment and the Fourth Estate: The Law of Mass Media

This casebook covers the law of mass media in the United States, including court opinions, freedom of expression, liability, copyright, and more. Comparative law from other jurisdictions is also included.

Format: Hardback
Length: 1239 pages
Publication date: 30 March 2021
Publisher: West Academic Publishing

This comprehensive casebook delves into the intricate realm of the law of mass media in the United States, offering a thorough examination of key court opinions, explanatory text, and thought-provoking discussion questions. Where applicable, it also incorporates comparative law from other jurisdictions to provide a broader perspective. The book covers a wide range of topics, encompassing the American legal system, an introduction to freedom of expression and free expression theory, defamation, privacy and surveillance, liability for emotional and physical harm, copyright and trademark, national security, obscenity and indecency, advertising regulation, free press/fair trial considerations, confidentiality, access to government information and meetings, media ownership, and broadcast and cable regulation.

The American legal system is explored in depth, providing an understanding of the principles and institutions that govern media regulation. The chapter on freedom of expression explores the constitutional and legal safeguards that protect speech and expression in the United States, including the First Amendment and its implications for media content. Free expression theory is also examined, exploring the various theories and perspectives that shape the legal protection of free speech.

Defamation is a crucial aspect of the law of mass media, as it pertains to the publication of false or defamatory statements about individuals or organizations. The chapter discusses the legal standards for defamation, including the elements of a defamation claim, the defenses available to defendants, and the potential consequences of defamation. Privacy and surveillance are also explored, with a focus on the legal frameworks that govern the collection, use, and dissemination of personal information. The chapter examines the rights of individuals to privacy and the limits imposed by government surveillance, including the Fourth Amendment and its application to modern technologies.

Liability for emotional and physical harm is another critical topic covered in the casebook. The chapter discusses the legal principles that govern the liability of media organizations and individuals for the publication of harmful content, including the standards for negligence, intentional harm, and strict liability. The chapter also explores the potential defenses available to defendants, such as the truth defense, the fair comment doctrine, and the defense of opinion.

Copyright and trademark are essential legal concepts that govern the use and protection of creative works and intellectual property. The chapter discusses the legal frameworks for copyright and trademark, including the rights of creators, the limitations on those rights, and the enforcement mechanisms available to protect intellectual property. National security is a complex and sensitive topic that encompasses the legal regulations and policies that govern the interception, surveillance, and dissemination of information. The chapter examines the legal standards and procedures that govern national security operations, including the Foreign Intelligence Surveillance Act (FISA) and the Patriot Act.

Obscenity and indecency are topics that have been the subject of much debate and legal scrutiny in the United States. The chapter discusses the legal standards for determining whether content is obscene or indecent, including the criteria for evaluating the harmfulness of content and the defenses available to defendants. Advertising regulation is another critical aspect of the law of mass media, as it governs the advertising practices of media organizations and individuals. The chapter examines the legal frameworks for advertising, including the standards for truthfulness, fairness, and deception, as well as the regulations that govern advertising content and placement.

Free press/fair trial considerations are essential to ensuring that the media can operate freely and responsibly. The chapter discusses the legal standards and procedures that govern the press and the judicial system, including the right to access information, the right to a fair trial, and the protection of journalists from intimidation and harassment. Confidentiality is a critical issue that pertains to the protection of sensitive information and the privacy of individuals. The chapter discusses the legal principles that govern the confidentiality of information, including the legal duties of journalists, the legal protections available to individuals who disclose confidential information, and the legal consequences of violating confidentiality.

Access to government information and meetings is a fundamental right that is essential to the functioning of a democratic society. The chapter discusses the legal frameworks for accessing government information and the procedures that govern the conduct of government meetings. The chapter also examines the potential conflicts between the right to access information and the need for government secrecy, including the balance between transparency and national security.

Media ownership is a complex and contentious issue that has significant implications for the media industry and society as a whole. The chapter discusses the legal frameworks for media ownership, including the regulations that govern broadcast and cable television, print media, and online media. The chapter also examines the potential effects of media ownership on the diversity of media content and the ability of media organizations to serve the public interest.

Access to the media and broadcast & cable regulation are critical components of ensuring that the media can operate effectively and responsibly. The chapter discusses the legal frameworks for accessing the media, including the regulations that govern the conduct of journalists and media organizations, as well as the procedures for filing complaints and appeals. The chapter also examines the potential effects of media regulation on the freedom of expression and the ability of media organizations to serve the public interest.

In conclusion, this comprehensive casebook provides a thorough examination of the law of mass media in the United States, offering a comprehensive understanding of the legal principles and frameworks that govern media regulation. The book is an invaluable resource for students, scholars, and professionals interested in media law, freedom of expression, and the broader social and political implications of media regulation.

Dimension: 254 x 191 (mm)
ISBN-13: 9781647082451
Edition number: 13 Revised edition