Communications and the Law

This publication provides articles in law topics, including first amendment and free speech expression.


Vol. 25, No. 3, December

On the Wings of Nike: A Streamlined Approach to the Commercial Speech Doctrine
"The commercial speech doctrine, in its current form, fails to account for the realities of a modern world--a world in which personal, political, and commercial arenas no longer have sharply defined boundaries." (1) ********** With increasing...
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Determining What Constitutes Opinion
Thirteen years after Milkovich v. Lorain Journal was decided by the U.S. Supreme Court, (101) the boundaries of what constitutes opinion remain unclear for libel purposes; but federal courts have settled into a modus operandi that retains some of the...
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Free Speech Rogues and Freaks: An Analysis of Amusing and Bizarre Litigants of Free Expression
The major justification for this study was that bizarre and amusing court cases are compelling, memorable and instructive. They dramatically illustrate many of the legal principles of freedom of speech and freedom of press. The ridiculous, the absurd...
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Vol. 25, No. 2, August

Vanishing First Amendment Protection for Symbolic Expression 35 Years after United States V. O'Brien
May 27, 2003, marked the 35th anniversary of the United States Supreme Court's opinion creating a new category of expression protected by the First Amendment--symbolic speech. Over the past three decades, protection for symbolic expression has expanded,...
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A Tale of Two Cases: Right of Publicity versus the First Amendment
There has long been a dispute about the extent to which a celebrity's likeness can be used by an artist for profit without providing compensation to the celebrity. The use of such likeness (even after death) has been litigated in several cases (1)...
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Proposed Changes in Media Ownership Rules: A Study in Ventriloquism?
"There will be rules when this is done [but] there won't be a rule that lets one person own everything." --FCC Chairman Michael Powell, addressing the Columbia Law School Forum in January 2003. "When you talk about voices, are you talking about...
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Vol. 25, No. 1, April

Rights of Access and Reply to the Media in the United States Today
In Access to the Press--A New First Amendment Right, I pointed out what I believed was a contradiction in American constitutional law: "While we protect expression once it has come to the fore our law is indifferent to creating opportunities for expression."...
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Discouraging "Objectionable" Music Content: Litigation, Legislation, Economic Pressure, and More Speech
A high school in Wales, Wisconsin, now requires its students to show identification to read Rolling Stone magazine in the school library. An eighteen-year-old student is suspended after wearing a T-shirt representing the band "Korn." Police in Louisiana...
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State Laws Mandating Online Posting of Legal and Public Notices Traditionally Published in Newspapers
In autumn of both 2001 and 2002, the judiciary committee of the Pennsylvania House of Representatives convened hearings on the question of current practices and costs of legal notice publication. (1) Pennsylvania traditionally has required that legal...
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Vol. 24, No. 4, December

Constitutionality of Publication Damage Awards Based on Newsgathering Torts
The increasing number of newsgathering tort claims has generated a heated debate over how far the First Amendment should protect the press from tort liability. (1) First Amendment proponents have contended that newsgathering is an essential part...
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Internet Defamation
The Information Superhighway is a misnomer. Cyberspace is an international "Wild West" of wagon tracks and game trails that quickly erode or suddenly wash away, and saloons and bordellos, or their equivalents. It offers lots of hiding places, and...
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Legal Considerations When Consumer Opinion Web Sites Parody Companies or Brands
As the Internet has become a "modern symbol of the classical market of ideas," (1) consumer opinion sites that parody companies or brands have become popular in the cyberspace. This article examines various legal issues and cases that might be applicable...
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Management's Discussion and Analysis of the Trust's Receipts and Disbursements Year Ended December 31, 2001 *
MILLS MUSIC TRUST MANAGEMENT'S DISCUSSION AND ANALYSIS OF THE TRUST'S RECEIPTS The Trust's receipts are derived principally from copyright established prior to 1964 and such receipts fluctuate based upon public interest in the "nostalgia"...
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Vol. 24, No. 3, September

Bombs and Bombast in the NATO/Yugoslav War of 1999: The Attack on Radio Television Serbia and the Laws of War
"There is no dictatorial type of warfare as opposed to a democratic type."--Hans Speier. (1) At dawn on April 23, 1999, NATO fighter-bombers attacked the Belgrade headquarters and broadcasting studios of Radio Televisija Srbije (Radio Television...
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Reassessing Cable Access Channel Requirements under Deregulation
This article examines the constitutional status of public, educational, and government access channels (PEG channels) in cable, and controversial issues surrounding the access channels requirements under a deregulatory atmosphere. It argues that...
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"Burning" News Sources and Media Liability: Cohen V. Cowles Media Co. Ten Years Later
"Burning" a source (1) is no longer the type of ethical or moral issue for the U.S. news media to dismiss cavalierly in determining whether to honor or to break their confidentiality promises to their sources. In June 1991, the U.S. Supreme Court...
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Vol. 24, No. 2, June

False Light: A New Weapon in the SLAPP Arsenal?
BACKGROUND The false light theory of the privacy tort is a relatively new legal concept. (1) In many ways, it is similar to a defamation claim. (2) The actual malice requirement imposed by Sullivan (3) and progeny made libel a less attractive...
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Cybersmear: Telecommunication's 200-Year-Old Riddle
If men were angels, no government would be necessary. --Anonymous (1) Rumor has it axed 80 jmore [sic] people. Word is the rest of the company will be around only for another month or so. If you're using, I'd...
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E-Mail and Internet Monitoring and the Workplace: Do Employees Have a Right to Privacy?
BACKGROUND As more technology has invaded the workplace and employees have gained access to e-mail and the Interact on employer-owned computers, questions have arisen as to an employer's right to monitor personal use of these devices in the workplace....
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Vol. 24, No. 1, March

Use of False Light: A Barometer of News Media Performance?
Plaintiff's Attorney: If the author testifies that he made up a story, isn't that fiction? Journalist: Sir, it's false. All things that are false are not necessarily fiction. Plaintiff's Attorney: Tell me the difference between "false" and...
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Deregulation Reconsidered: Protecting Internet Speech in the United States, Germany, and Japan
The movement toward deregulation of telecommunications is a worldwide phenomenon, even though there is little or no general pattern. This article examines its definitive or probable consequences on freedom of expression on the Internet in the United...
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Privacy and Section 1983 of the Federal Civil Rights Law
Rather than sue under state privacy invasion torts, a fraction of persons with privacy grievances attempt federal suits under a famous 1871 civil fights law. These claims don't have much success because courts have been careful not to allow any...
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Vol. 23, No. 3, September

The Political Editorializing Rules, the Courts, and Election Year 2000
Providing the country with one of the closest presidential races in U.S. history, the 2000 election campaign also was the arena for the Federal Communications Commission and the District of Columbia Court of Appeals to clash once again on broadcast...
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Anti-Circumvention Rule-Making Powers of the U.S. Copyright Office: New Section 1201(a)(1) Prohibitions Placing Limits on Digital Information Access
Considering today's high-technology innovations,(1) protection of copyrighted works is a preeminent concern.(2) In response to such concerns, President Clinton signed the Digital Millennium Copyright Act (DMCA) into law.(3) Within the DMCA, Chapter...
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Exploring the Constitutionality of Commercial Speech: A View of Tobacco Advertising
Advocates of tobacco advertising argue that it is abnormal that while the First Amendment has been construed to provide full constitutional protection to the most hateful racist speech,(1) and even to the direct advocacy of criminal conduct,(2) the...
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First Amendment Protects Crude Protest of Police Action
A New York City police officer observed Carl Washington flailing his arms and raising his hands at the officer while shouting "F--k you, I'm not leaving. It's a free country!" The officer arrested Washington for disorderly conduct and resisting arrest....
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Vol. 23, No. 2, June

"How-To" Manuals for Hitmen: Paladin Press, a Triple Murder, and First Amendment Protection of Technical Information
In 1993, a hitman in Maryland read Paladin Press' book Hitman: A Technical Manual for Independent Contractors and then explicitly followed the twenty-seven steps outlined in the book as he murdered a mother, her son, and the son's full-time nurse....
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Internet Fraud: Federal Trade Commission Prosecutions of Online Conduct
I. THE SCOPE AND IMPACT OF INTERNET FRAUD Online business is booming. That business in the United States is slated to reach some $3.2 trillion by 2004.(1) In fact, consumers are making online purchases of around $3.5 billion each month, with these...
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Vol. 23, No. 1, March

A Step toward Balance? Third-Party Liability in the Digital Millennium Copyright Act
The Internet provides a new means to transmit voice, data, image, and video information over networks. Its ability to increase access to information and entertainment resources has attracted many people. As more and more people rely on the Internet...
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Conflict Resolution Education: A Solution for Peace
The use of conflict resolution education and effective communication skills provides the necessary strategies to reduce altercations and promote peaceful solutions. Diffusing heated arguments, identifying issues, setting emotions aside, and learning...
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Media Protections in Intentional Infliction Suits
In its now famous Hustler v. Falwell ruling of 1988,(1) the U.S. Supreme Court required that in an intentional infliction claim brought by a public figure aggrieved by published or broadcasted statements, the plaintiff would have to show that the defendant...
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Justifying the FCC's Minority Preference Policies
It is widely recognizable that U.S. media outlets are becoming more concentrated and controlled by a handful of companies capable of affecting politics, culture, and economics, backed up by deregulation in telecommunications.(1) These media tend to...
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Vol. 22, No. 4, December

The Law of Privacy in the United States and France: One President's Impeachable Offense Is Another's Invasion of Privacy
The historic trial and acquittal of U.S. President William Jefferson Clinton, by the U.S. Senate,(1) subsequent to his equally historic impeachment by the U.S. House of Representatives on charges of perjury and obstruction of justice in connection...
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The Ku Klux Klan, Public Highways, and the Public Forum
In 1987, Daniel Farber and Philip Frickey questioned the value of "grand theories" as a means of First Amendment analysis. Specifically, they argued that grand theories cannot provide sensible answers to concrete problems, cannot justify one grand...
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"Open to the Public": The Effect of Presumptive Public Access to New York State's Family Courts
ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, COMMITTEE ON COMMUNICATIONS AND MEDIA LAW(*) Behind the black marble facade looming over Lafayette Street in Lower Manhattan, and in courthouses across the state, New York's Family Courts hear matters...
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Vol. 22, No. 3, September

Reasonable Inferences and Substantial Evidence: How the U.S. Supreme Court Side-Stepped the First Amendment in Upholding Content-Based Must-Carry Rules in Its Turner Decisions
In 1997, in Turner Broadcasting System, Inc. v. Federal Communications Commission,(1) the U.S. Supreme Court ended a legal battle that had lasted for more than twenty years when it upheld the must-carry provisions of the 1992 Cable Act.(2) The Court...
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The Future of Media Ride-Alongs
During the past few decades, peace officers commonly have invited the media to accompany them in the execution of the officers' duties.(1) This practice, called "media ride-alongs," led to several federal civil suits in the 1990s by plaintiffs claiming...
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Litigation Publicity: Courtroom Drama or Headline News?
When the parents of one of the students killed in the April 20, 1999 shooting in Littleton, Colorado filed a $250 million lawsuit on May 27, 1999[1] against the parents of the two gunmen, once again courtroom drama shaped media headlines and vice versa....
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Vol. 22, No. 2, June

Hunter as Prey: When a Newsman Becomes a Defendant
What's it like to be a newsman charged with a crime and suddenly be confronted by a hostile press? It happened to me in 1962 and the aftermath has continued to warp my career to this day. I had studied journalism at CCNY [City College of New York],...
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Legal Issues concerning Cable Television: The Greek Case
This article examines issues concerning cable television, such as access, from an institutional perspective, but also emphasizes legal, regulatory, political, economic, and technological aspects. References to the European Union regulatory framework...
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The United States Supreme Court: Forging the Way for Upheaval in the Oval Office
The obsession and sensationalism over Monica Lewinsky and Kenneth Starr completely outweighed public interest in international crises and national struggles occurring at the same time. While ethnic cleansing raged in Kosovo, Americans were bombarded...
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Vol. 22, No. 1, March

Government Advertising Placement and the First Amendment: Freedom of the Press Should Outweigh the Rights of the Government as Contractor
On December 9, 1997, El Dia, Inc., the corporation that publishes El Nuevo Dia, Puerto Rico's principal and most widely read newspaper, filed a complaint against the Governor of Puerto Rico, Dr. Pedro Rosello, and several other government officials...
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Private Ordering in the Marketplace of Ideas: Contract-Related Claims and the Free Flow of Information
The ability of private parties to create contracts is a fundamental principle in American law. Through contractual agreements, free citizens are able, subject to broad limitations, to create their own "law" to govern the particular transaction into...
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Lower Courts Point the Way on Press and Privacy Rights
After it was announced in 1989, the U.S. Supreme Court's ruling in Florida Star v. B.J.F.(1) was condemned in a series of law review articles as a failure by the Court to honestly address the conflict of press and privacy rights.(2) Following the spirit...
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Dan Cohen V. Cowles Media Company, Dba Minneapolis Star and Tribune Company, et Al.(*)
No. 90-634. Supreme Court of the United States Argued March 27, 1991. Decided June 24, 1991. Confidential source of information brought action against newspaper publishers to recover for breach of contract and misrepresentation after publishers...
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Vol. 21, No. 4, December

Introduction to Important Communications Cases of the U.S. Supreme Court
It is commonplace these days for the media, newspapers, magazines, and talk shows to pick the "best of" everything; for example the top-ten best law schools, the greatest music classics of all time, etc. We at Communications and the Law have decided...
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International News Service V. Associated Press
No. 221. Supreme Court of the United States. Argued May 2 and 3, 1918. Decided Dec. 23, 1918. On Writ of Certiorari to the United States Circuit Court of Appeals for the Second Circuit. Suit in equity by the Associated Press against the International...
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Chaplinsky V. State of New Hampshire(*)
No. 255. Argued Feb. 5, 1942. Decided March 9, 1942. Appeal from the Supreme Court of the State of New Hampshire. Walter Chaplinsky was convicted of violating a New Hampshire statute prohibiting the addressing of any offensive, derisive or annoying...
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Vol. 20, No. 4, December

Drifting Apart Together: Diverging Conceptions of Free Expression in the North American Judicial Tradition
Scholars long have commented on the tendency of the United States and Canadian polities to grow closer. The conventional wisdom is simple and enticing: During the past few decades, as Canada has continued to loosen its economic, political, and sentimental...
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Evidentiary Behaviors Constituting Reckless Disregard for the Truth
The United States Supreme Court ruled for the first time in 1964 that the First Amendment requires public officials to prove actual malice (defined as knowledge of falsity or reckless disregard for the truth) to win damages in libel suits.(1) The ruling...
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Webcaching Via Satellite: Internet Highway or Copyright Infringement?
Major construction is underway on the information superhighway. While some have characterized the Internet as the "World Wide Wait," innovators have been busy trying to resolve the congestion caused by slow servers and an increasing number of online...
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Deregulation in the Communications Industry
With the advent of recent technological advances, politicians,(1) businesspeople, and academics have heralded the National Information Infrastructure (NII) as providing the backbone of a new information age.(2) Society is expected to benefit from this...
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Vol. 21, No. 3, September

Anonymous White House Sources: How They Helped Shape Television News Coverage of the Bill Clinton - Monica Lewinsky Investigation
On February 12, 1999, the thirteen-month-long scandal involving President Bill Clinton and former White House intern Monica Lewinsky came to an end as the U.S. Senate acquitted Clinton of perjury and obstruction of justice charges.(1) Ironically,...
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The Courts V. the FCC: Diversity and the Broadcast Provisions of the 1996 Telecommunications Act
On February 8, 1996, President Clinton signed into law the Telecommunications Reform Act of 1996, Pub. L. No. 104-104(1) (Telecommunications Act). The Telecommunications Act received overwhelming passage, 414 to 16 in the House of Representatives and...
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Canadian Civil Liberties, Holocaust Denial, and the Zundel Trials
"Everyone has the following fundamental freedoms.., freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication....(1)" "I hope not everybody in Canada is as ready to abandon freedom of speech...
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Digital Manipulation as New Form of Evidence of Actual Malice in Libel and False Light Cases
The manipulation of words or visual depictions of others is not a new phenomenon; it has been around almost as long as narrative and art have purported to record events.(1) As a new medium advances, some people utilize the medium to manipulate and...
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Vol. 21, No. 2, June

The Neutral Report Privilege
Association of the Bar of the City of New York, Committee on Communications and Media Law. Twenty-one years ago the U.S. Court of Appeals for the Second Circuit held that, as a matter of federal constitutional law, a limited privilege exists to...
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The Telecommunications Act of 1996: Its Impact on the Electronic Media of the 21st Century
Since the beginning of the 20th century, the U.S. government has enacted various pieces of legislation that regulate the communications industry. Limited space on the electromagnetic spectrum has been the justification, or rationale, for regulating...
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Empirical Testing on an Unasked Question in Turner V. FCC: Do Must-Carry Rules Enhance Diversity?
On March 31, 1997, the Supreme Court in Turner Broadcasting Systems, Inc. v. Federal Communications Commission(1) resolved a very difficult First Amendment issue arising from a conflict between two competitive media: the cable industry and local broadcast...
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Media, Police, and Public Information: From Confrontation to Conciliation
Public opinion polls consistently show that crime is perceived to be one of the most urgent social problems in the United States. The recent JonBenet Ramsey and O. J. Simpson cases highlight public concern about crime and law enforcement accountability...
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Vol. 21, No. 1, March

Those Frail Precedents of Three-Judge Panels
Stage performer Karen Finley had an anticlimactic experience in June of 1998 that was similar to earlier misadventures of the New York Times, the Stanford University student newspaper, and Kitty Kat Lounge dancers. Ms. Finley, the two newspapers, and...
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Plain View: A Concept Useful to the Public Disclosure and Intrusion Privacy Invasion Torts
The essence of privacy as a value is to recognize that if a person is to receive enough respect to allow civil and cooperative life to thrive, then matters which he or she keeps from public notice must not be subjected to public scrutiny--with exceptions....
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Communication Theories on Trial: Can the Scales of Justice Be Swayed by the Application of Communication Theories?
"He's Got a Gun to His Head" read a newspaper headline on a warm Friday evening in June 1994, as millions of the nation's TV viewers tuned in to the most curious of car chases ever witnessed in TV history: O. J. Simpson's flight along the California...
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A Proposal for Media Access to Audiotapes and Videotapes Presented during Trials
On a Sunday afternoon in April 1996, President Clinton spent several hours before a video camera answering questions from a flock of lawyers. His videotaped testimony later was played before a jury as part of the fraud and conspiracy trial of Susan...
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Vol. 20, No. 3, September

Copyright of Legal Materials: From Wheaton to West - Shaping the Practice of Law in America
In 1889, John West was one of three legal publishers given an opportunity to write comments on the state of the legal publishing field in a "Symposium of Law Publishers" in the American Law Review. Among other things, West said "Knowledge is of two kinds,...
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Seven Dirty Words: Did They Help Define Indecency?
This article examines the historical perspective of the U.S. Supreme Court case involving the Federal Communications Commission and Pacifica radio station WBAI. Much of the history of this case has been written with respect to its impact on free speech...
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Uniform Correction or Clarification of Defamation Act: An Alternative to Libel Suits
In recent years, current libel law has been criticized by judges, attorneys, plaintiffs, defendants, and academics for a failure to adequately protect First Amendment values (freedom of the press) and failure to provide plaintiffs vindications of their...
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Refocusing Libel Law: Gross Irresponsibility and Naantaanbuu V. Abernathy
"Defamation, or libel, is undoubtedly the most common legal problem faced by journalists and others who work in the mass media."(1) In spite of being the most common legal area for the media, libel law is viewed as one of the most unsettled and unpredictable...
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Vol. 20, No. 2, June

Reno V. ACLU: The First Amendment, Electronic Media, and the Internet Indecency Issue
When Congress passed the Telecommunications Act of 1996, it chose to include (under title V of the act) the so-called Communications Decency Act of 1996.(1) This legislation, initiated by Nebraska Senator James J. Exon, prohibits online display and transmission...
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Source Utilization in Legal Journalism: Network TV News Coverage of the Timothy McVeigh Oklahoma City Bombing Trial
The O. J. Simpson criminal case has come and gone, but the specter of this mass-mediated spectacle continues to haunt the American judicial system. Since Simpson's October 3, 1995 acquittal of double murder charges, the debate over cameras in the courtroom...
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Good Samaritan to the Rescue: America Online Free from Publisher and Distributor Liability for Anonymously Posted Defamation
The advent of the Internet and online communications have changed the way we communicate ... and the way we libel one another. Defamatory messages can be sent virtually instantaneously to thousands of users, and the originator may remain anonymous. The...
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Vol. 20, No. 1, March

Lost in Translation: Civic Journalism's Applicability to Newspaper Coverage of the U.S. Supreme Court
By the time its members recessed last July, the U.S. Supreme Court had decided cases impacting nearly every American--cases involving divisive issues heatedly debated from corporate boardrooms to kitchen tables. The disputes confounded lower courts across...
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Toward a More Balanced Online Copyright Policy
The information superhighway, officially known as the National Information Infrastructure (NII), is regarded as the technological means to transmit voice, data, image, and video information from one point to another. It increases access to information...
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The Recent Past of Equal Access: American, British, and Italian Campaigns
Equal access of political candidates to the media was an issue in the general elections in the United States and Great Britain in 1992 and the general elections in Italy in 1994 and 1996. The form in which the question was raised was different in each...
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Vol. 19, No. 4, December

Silencing Scientology's Critics on the Internet: A Mission Impossible?
In January of this year, 34 Hollywood celebrities, including Goldie Hawn, Dustin Hoffman, and Oliver Stone, signed an open letter to German Chancellor Helmet Kohl, likening his government's persecution of the Church of Scientology to Nazi persecution...
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Digital Diagnosis: Liability Concerns and State Licensing Issues Are Inhibiting the Progress of Telemedicine
In 1994, only 2,000 telemedicine consultations took place in the United States.(1) By contrast, in that year, a single clinic in Norway (a system relatively free of regulatory constraints) conducted nearly 600 such consultations.(2) By 1996, a survey...
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Online Newspapers and Public Notice Laws
An over-arching premise found in both federal and local level governments of the United States is that information about government activities must be accessible for the electorate to make well-informed decisions. This premise is expressed in a variety...
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Political Candidates and Medical Privacy: How Much Does the Public Need to Know?
There has been a great deal of controversy recently concerning the lack of privacy for public figures. This article focuses on a particular type of public figure, the political candidate, and examines the political candidate's great need for, but limited...
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Vol. 19, No. 3, September

America's Censor: Anthony Comstock and Free Speech
There are people whose passage through history is so virtuous, scandalous, or loud that their names become synonymous with their activities. Anthony Comstock is known, if at all, as America's most formidable prude and energetic censor during the late...
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Defamation as a Remedy for Criminal Suspects Tried Only in the Media
Using a recent celebrated case as a model, this article examines defamation as a remedy available to those named in the media as being suspected of crimes for which their innocence is subsequently established without their ever having been formally charge....
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Vol. 19, No. 2, June

ITFS, Education, and the Law: Some Relationships and Challenges
The Diocese of Brooklyn and Queens has been operating an FCC-licensed, four-channel, instructional television system for its 250 schools and institutions since 1966. As constituted by the FCC, ITFS (Instructional Television, Fixed Service) is primarily...
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Evidence? We Don't Need No Evidence! Proof of Negligence in Private Plaintiff Defamation Suits
On March 29, 196O, a full-page advertisement ran in the New York Times that set in motion a chain of events that would revolutionize defamation law. More than thirty years ago, in hearing the case that arose from that ad, the United States Supreme Court...
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Understanding Hate Speech as a Communication Phenomenon: Another View on Campus Speech Code Issues
Of the complex issues that American society faces, hate speech, entangled with multiculturalism and equality problems, has been the "hardest free speech question."(1) Hate speech is defined as an expression that is abusive, insulting, intimidating, harassing,...
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Special Vulnerabilities, Unique Concerns: Regulating Hate Speech on University Campuses
Perhaps the most problematic free expression flashpoint to create a challenge to established notions of tolerance in the United States involves the resurfacing of hate speech on university campuses. Since the mid-1980s, signs of overt bigotry have become...
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Vol. 19, No. 1, March

Opening the Doors to Juvenile Court: Is There an Emerging Right of Public Access?
Three teenagers are arraigned on hate crime charges in a U.S. district court. The judge refuses to let reporters attend any hearings in the case and orders that any information that could identify the juveniles be deleted from case records before they...
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Pirone V. Macmillan Inc.: Trying to Protect the Name and Likeness of a Deceased Celebrity under Trademark Law and Right of Publicity
In recent years, advertisers have sought to use the name and likenesses of deceased celebrities in marketing merchandise. Personalities as diverse as John Wayne, Jackie Gleason, Fred Astaire, and Marilyn Monroe have been featured in ads hawking products...
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False Light Privacy
Although privacy invasion has won a place in American tort law, some of the privacy invasion lawsuits continue to face resistance. One that has been rejected in some jurisdictions is the tort lawsuit for publications that put a plaintiff in a false light....
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