Law of Public Communication, The (8th Edition)

Updated in a new 8th edition, this 2011 update includes the most current legal developments affecting the daily work of writers, broadcasters, advertisers, cable operators, Internet service providers, public relations practitioners, photographers, and other public communicators. It presents statutes and cases in a cohesive manner that is understandable, so that readers will acquire a firm grasp of the legal issues affecting the media.

Numerous updates to coverage of recent legal developments better inform students on how media law will affect their future daily work as writers, broadcasters, advertisers, cable operators, Internet service providers, public relations practitioners, photographers, and other public communicators.

Listed by topic:

The Media and the Judiciary

• Analyzes recent developments concerning cameras in federal courts, including the Supreme Court’s Hollingsworth v. Perry opinion blocking TV coverage of the Proposition 8 trial
• Discusses Hustler v. Toffoloni, in which a court allowed an appropriation claim in nude photos of a murder victim, photos ruled not to be newsworthy after 20 years. 
• Explains recent journalist privilege cases in which journalists asserted a Fifth Amendment privilege against self-incrimination.
• Previews arguments in Skilling v. United States, in which the Supreme Court reviews for the first time in many years whether to set aside a jury verdict due to prejudicial publicity.
• Describes Pressley v. Georgia, the Supreme Court’s most recent ruling on public jury selection proceedings. 

Political Speech

•  Explains Citizens United v. FEC, the Supreme Court’s landmark ruling allowing corporations and unions to criticize or endorse federal candidates.
• Presents recent challenges to rules governing 527 organizations such as Emily’s List v. FEC and SpeechNow.org v. FEC.
• Discusses lobbying developments such as challenges to the Honest Leadership and Open Government Act and Obama administration lobbying restrictions. 

Access to Information

• Discusses amendments to the Homeland Security Act exempting disclosure of photos of detainees being abused by Americans and requiring Congress to identify proposed new statutory exemptions to the Federal Freedom of Information Act.
• Describes state cases which address whether those who pose information on newspaper web sites are “sources” covered by state shield laws.
• Explains the compromise between the Obama administration and the Senate Judiciary Committee regarding a proposed federal shield law
• Describes United States v. Wuterich, which rejected a journalist’s privilege in the context of military courts-martial proceedings. 
• Discusses ex-CIA agent Valerie Plame’s suit against the CIA, seeking to publish classified information.
• Presents efforts by the US military to control how the press portrays images of wounded and dead soldiers.  

Privacy

• Describes US military policy concerning “security review” of blogs written by military personnel.
• Presents a new section on cyber bullying, discussing attempts to identify and counter online harassment, cyber stalking, threats, intentional infliction of emotional distress, negligence, impersonation and flaming.
• Discusses latest attempts to limit behavioral tracking of consumers’ online browsing and buying.
• Discusses complaints to FTC by privacy groups objecting to Facebook’s increased disclosure of personal information.
• Discusses continuation of federal warrantless phone and internet surveillance.
• Discusses the FTC settlement with Sears Holdings Management Corporation over behavioral Internet tracking.
• Discusses AT&T  v. FCC,  in which a corporation is allowed to assert a right of “personal privacy” under the Freedom of Information Act.

 Intellectual Property

• Discusses the Google book-scanning settlement, the recording industry’s diminished pursuit of illegal downloading, and AP’s claim that that Shepard Fairy violated the news organization’s copyright in a photo on which the Obama Hope poster was based.
• Discusses the latest efforts to gain performance royalties for over-the-air broadcasts.

 Obscenity and Indecency

• Reviews  the FCC’s inquiry into parental blocking technologies, mandated by the Child Safe Viewing Act.
• Summarizes judicial rulings on attempts by high school officials to punish online student speech posted off campus.
• Summarizes judicial limits on immunity for internet service providers under section 230 of the Communications Decency Act.
• Discusses Barnes v. Yahoo, in which a federal court ruled an Internet service provider was not liable after failing to remove indecent material.
• Explains recent journalist privilege cases in which journalists asserted a Fifth Amendment privilege against self-incrimination.\
• Explains Connection Distributing v. Holder, a ruling upholding the federal statute requiring the creators and distributors of sexually explicit materials to keep records of models’ ages and identities

Libel

• Summarizes legislative and judicial efforts to curb libel tourism.
• Discusses Courtney Love’s allegedly libelous Tweet.
• Discusses the “true threat” created by a campaign coordinated on the internet by animal activists against pharmaceutical companies