Two forefront legal historians examine a classic case from the turbulent civil rights era to trace how the New York Times won a key Supreme Court appeal against an Alabama defamation suit, a victory that established important precedents in the areas of free press while significantly advancing civil rights for African-Americans in the Deep South. Simultaneous.
An examination of the landmark 1957 Supreme Court case "Roth v. United States," which for the first time attempted to define what constitutes obscenity in American life and law. Explores this problematic ruling within the broad sweep of American social and legal history.
Are Nazis entitled to freedom of expression? In 1977, Frank Collin, leader of the National Socialist Party of America, sought to hold a Nazi march in Skokie, Illinois. Skokie had one of the largest Holocaust survivor populations outside New York City. Writing from his perspective as national executive director of the ACLU, the author details what happened next.
Judicial decisions never occur in a vacuum û they are influenced by a myriad of political factors. From lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices, Epstein and Walker show how all these dynamics play an integral part in the overall development of constitutional doctrine. Drawing deeply from the spheres of political science and legal studies, the exceperted case material is skillfully analyzed and presented for todayÆs students. Known for fastidious revising and streamlining, the authors account for the latest scholarship in the field and offer rock-solid analysis of recent landmark cases, including as all the important opinions handed down through 2011. Building on the successes of the 7th edition, the bookÆs clean layout and design clearly distinguishes between commentary and opinion excerpts. Not only does the design make the book an easier read for students, it effectively showcases photos, justice biographies, and the ôAftermathö and ôGlobal Perspectiveö sidebars. And based on positive user feedback, the authors have added even more Aftermath boxes in this new edition. New cases in the 8th edition: Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (2012) Snyder v. Phelps (2011) Brown v. Entertainment Merchants Association (2011) United States v. Jones (2012) Citizens United v. Federal Election Commission
The SAGE Guide to Key Issues in Mass Media Ethics and Law is an authoritative and rigorous two-volume, issues-based reference set that surveys varied views on many of the most contentious issues involving mass media ethics and the law. Divided into six thematic sections covering information from contrasting ethical responsibly and legal rights for both speech and press, newsgathering and access, and privacy to libelous reporting, business considerations, and changing rules with social media and the Internet, the information in this guide is extremely relevant to a variety of audiences. This guide specifically focuses on matters that are likely to be regular front-page headlines concerning topics such as technological threats to privacy, sensationalism in media coverage of high-profile trials, cameras in the courtroom, use of confidential sources, national security concerns and the press, digital duplication and deception, rights of celebrities, plagiarism, and more. Collectively, this guide assesses key contentious issues and legal precedents, noting current ethical and legal trends and likely future directions. Features: Six thematic sections consist of approximately a dozen chapters each written by eminent scholars and practitioners active in the field. Sections open with a general Introduction by the volume editors and conclude with a wrap-up “Outlook” section to highlight likely future trends. Chapters follow a common organizational outline of a brief overview of the issue at hand, historical background and precedent, and presentation of various perspectives (pro, con, mixed) to the issue. “See also” cross references guide readers to related chapters and references and further readings guide users to more in-depth resources for follow-up. This reference guide is an excellent source for the general public, students, and researchers who are interested in expanding their knowledge in mass media and the ethics and law surrounding it.
The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel -- and was awarded $500,000 by a local jury -- because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize -- winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers -- and ordinary citizens -- can print or say.
Elmer Gertz recalls his long battle in what legal scholars regard as the second most important libel case in legal history: Gertz v. Robert Welch, Inc. Gertz’s ordeal began in Chicago during the violent peace demonstrations of 1968. A youth, Ronald Nelson, was killed by a Chicago policeman, Richard Nuccio. Gertz represented the Nelson family in civil suits against Nuccio and the Chicago police department. After Nuccio was convicted of murder, the John Birch Society published an article in its journal, American Opinion, claiming that Nuccio was framed by Communists. Gertz was targeted as a prime Communist instigator. After reading and studying the article, Gertz filed suit against Robert Welch, Inc., charging that it had defamed him by publishing highly harmful lies impugning his reputation and patriotism. Gertz writes in detail of his landmark case, which involved two trials, two reviews in the court of appeals, and two battles in the Supreme Court. Although the case was finally decided in April 1981, when a U.S. district court jury awarded him $100,000 compensatory damages and $300,000 punitive damages, Gertz did not receive payment until May 1983, after Robert Welch, Inc., had filed two unsuccessful appeals.
When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.
The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and "enemy combatants" at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution's separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.
Consistently praised for its engaging writing style, currency, and visual appeal, MEDIA/IMPACT introduces students to today's converged mass media---its industries and support industries, as well as the legal, ethical, social, global, and technologic
In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy: How can a balance be achieved among reputation, uninhibited discussion, and media power? Under what circumstance can the government seek to protect national security by enjoining the press rather than attempting the difficult task of convincing a jury that publication was a criminal offense? What rights can the press properly claim to protect confidential sources or to demand access to information otherwise barred to the public? And, as the media grow larger and larger, can the government attempt to limit their power by limiting their size? Writing for the concerned layperson and student of both journalism and jurisprudence, Powe synthesizes law, history, and theory to explain and justify full protection of the editorial choices of the press. The Fourth Estate and the Constitution not only captures the sweep of history of Supreme Court decisions on the press, but also provides a timely restatement of the traditional view of freedom of the press at a time when liberty is increasingly called into question.
Through the broad perspective of the systems theory, the sociobiology of self-renewal and the use of historical-critical research, this book explores the process of continuous dying and re-birth occurring daily in American society, in every society. Conceptualizing the media and communications technology as the collective nervous system of a society can help us in understanding the above-mentioned 'renewing' process. Of interest to professors and students of mass communications, government and public pol information science.
Essays by twenty legal communication scholars consider the eligibility of free speech and the issues associated with its protection, in a collection that considers such topics as unregulated speech and the free market, the concept of obscenity as expression, symbolic language, and the consequences of pre-publication restraint. Simultaneous. (Politics & Government)
The topics covered include: - Business and institutional aspects of the media; - Evolution and impact of different media including; - Newspapers; - Broadcast and cable television; - New technologies. - Coverage of and relations with the White House, Congress, political parties, and other political institutions; - Legislation and court cases affecting the media; - Important debates, such as those over media bias and election coverage; - Profiles of organizations and agencies, such as the Federal Communications Commission; - Profiles of influential media outlets; - Biographies of important figures.
Tracing the litigations, highlighting the pivotal role of the NAACP, and including incisive portraits of key players, this book simply but powerfully shows that "Brown" not only changed the national equation of race and caste, it also changed our view of the Court's role in American life.
Explores the dynamics of the First Amendment rights in the United States, showing how social, economic, and political changes in this nation affect the views and practice of free speech.
In 1952, the Hill family was held hostage by escaped convicts in their suburban Pennsylvania home. The family of seven was trapped for nineteen hours by three fugitives who treated them politely, took their clothes and car, and left them unharmed. The Hills quickly became the subject of international media coverage. Public interest eventually died out, and the Hills went back to their ordinary, obscure lives. Until, a few years later, the Hills were once again unwillingly thrust into the spotlight by the media—with a best-selling novel loosely based on their ordeal, a play, a big-budget Hollywood adaptation starring Humphrey Bogart, and an article in Life magazine. Newsworthy is the story of their story, the media firestorm that ensued, and their legal fight to end unwanted, embarrassing, distorted public exposure that ended in personal tragedy. This story led to an important 1967 Supreme Court decision—Time, Inc. v. Hill—that still influences our approach to privacy and freedom of the press. Newsworthy draws on personal interviews, unexplored legal records, and archival material, including the papers and correspondence of Richard Nixon (who, prior to his presidency, was a Wall Street lawyer and argued the Hill family's case before the Supreme Court), Leonard Garment, Joseph Hayes, Earl Warren, Hugo Black, William Douglas, and Abe Fortas. Samantha Barbas explores the legal, cultural, and political wars waged around this seminal privacy and First Amendment case. This is a story of how American law and culture struggled to define and reconcile the right of privacy and the rights of the press at a critical point in history—when the news media were at the peak of their authority and when cultural and political exigencies pushed free expression rights to the forefront of social debate. Newsworthy weaves together a fascinating account of the rise of big media in America and the public's complex, ongoing love-hate affair with the press.
Covers the Court's entire history; its operations; its power in relation to other branches of government; major decisions affecting the other branches, the states, individual rights and liberties; and biographies of the justices.
Examines specific lawsuits against the press and other media in the United States, as well as related economic, cultural, and special consequences and implications, in order to evaluate the shortcomings and virtues of America's media