Freedom of Expression: Digital Media Discussion Questions

timer Asked: Feb 9th, 2019
account_balance_wallet $9.99

Question Description

Read Chapter 2 - Freedom of Expression first,

Complete "Questions for Discussion" at the end of the chapter.

Ebook is below.

Thank you!

Unformatted Attachment Preview

Digital Media Law Digital Media Law Second Edition Ashley Packard A John Wiley & Sons, Ltd., Publication This edition first published 2013 © 2013 John Wiley & Sons, Inc Edition history: 1e (Wiley-Blackwell, 2010) Wiley-Blackwell is an imprint of John Wiley & Sons, formed by the merger of Wiley’s global Scientific, Technical and Medical business with Blackwell Publishing. Registered Office John Wiley & Sons Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK Editorial Offices 350 Main Street, Malden, MA 02148-5020, USA 9600 Garsington Road, Oxford, OX4 2DQ, UK The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK For details of our global editorial offices, for customer services, and for information about how to apply for permission to reuse the copyright material in this book please see our website at The right of Ashley Packard to be identified as the author of this work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold on the understanding that the publisher is not engaged in rendering professional services. If professional advice or other expert assistance is required, the services of a competent professional should be sought. Library of Congress Cataloging-in-Publication Data Packard, Ashley. Digital media law / Ashley Packard. – 2nd ed.     p. cm. Includes bibliographical references and index. ISBN 978-1-118-29072-9 (pbk. : alk. paper) 1. Digital media–Law and legislation–United States. 2. Internet–Law and legislation–United States. 3. Telecommunication–Law and legislation–United States. 4. Freedom of expression–United States. 5. Digital media–Law and legislation. I. Title. KF2750.P33 2012 343.7309'9–dc23 2012015389 A catalogue record for this book is available from the British Library. Cover images: background © Ozerina Anna/Shutterstock; tablet © pressureUA/Shutterstock Cover design by Richard Boxall Design Associates based on an original concept by Kalan Lyra Set in 10/13 pt Minion by Toppan Best-set Premedia Limited 1 2013 Brief Contents Detailed Contents List of Sidebars Preface Acknowledgments 1. 2. 3. 4. 5. 6. 7. 8. vi ix x xii Introduction to the Legal System Freedom of Expression Telecommunications Regulation Internet Regulation Conflict of Laws Information Gathering Intellectual Property: Copyright Intellectual Property: Patents, Trademarks, and Trade Secrets 9. Defamation 10. Invasion of Privacy 11. Sex and Violence 12. Commercial Speech and Antitrust Law 1 21 47 75 103 127 161 Appendix: How to Find the Law Glossary Table of Cases Index 367 371 378 387 199 227 257 303 333 Detailed Contents Detailed Contents List of Sidebars Preface Acknowledgments 1. 2. 3. 4. Introduction to the Legal System vi ix x xii 1 The Meaning of Law Sources of Law in the United States The Structure of Court Systems Types of Law Questions for Discussion 1 1 10 14 20 Freedom of Expression 21 The First Amendment The First Amendment’s Purpose Expanding the Meaning of the First Amendment Limitations on Protection No Compelled Speech Questions for Discussion 21 22 30 32 43 45 Telecommunications Regulation 47 A Bird’s Eye View Establishing a Regulatory Framework Broadcast Regulation Media Ownership Rules Multi-Channel Video Program Distributors Phone Companies Questions for Discussion 47 48 51 54 66 73 74 Internet Regulation 75 ICANN, the Internet’s Manager Network Neutrality Voice over Internet Protocol eAccessibility Cybercrime Internet Gambling Virtual Law Questions for Discussion 75 80 87 88 89 96 98 102 Detailed Contents 5. Conflict of Laws Jurisdiction, Choice of Law, and Enforcement of Judgments Private International Law Choice of Forum/Choice of Law Agreements Treaties on Jurisdiction and Choice of Law Alternative Dispute Resolution Questions for Discussion 6. Information Gathering Access to Information State Freedom of Information Laws Access to Public Officials Access to Legislative Information Access to Judicial Information Protection of Information Questions for Discussion 7. 8. Intellectual Property: Copyright 104 112 122 123 124 126 127 127 138 138 139 139 141 160 161 Source and Purpose of Intellectual Property Protection What Can Be Copyrighted? What Cannot Be Copyrighted? Who Qualifies for Copyright Protection? What Are a Copyright Holder’s Exclusive Rights? Registering and Protecting Works What is Copyright Infringement? Digital Millennium Copyright Act Remedies for Copyright Infringement Balancing the Rights of Copyright Owners and Users The Creative Commons Questions for Discussion 161 162 164 168 169 172 175 179 183 184 196 198 Intellectual Property: Patents, Trademarks, and Trade Secrets 199 Patents Trademarks Cybersquatting Trade Secrets Questions for Discussion 9. 103 Defamation What is Defamation? Types of Defamation Who Can Be Defamed? Elements of Libel Defenses to Libel Mitigation of Damages How Has Defamation Changed? The Single Publication Rule Statutes of Limitation 199 204 216 221 225 227 228 229 229 231 236 240 241 244 244 vii viii Detailed Contents Criminal Libel Nontraditional Media and Non-Media Defendants Immunity for Interactive Computer Services Photo Illustrations/Digitally Altering Images Libel in Fiction Satire and Parody Intentional Infliction of Emotional Distress Questions for Discussion 10. Invasion of Privacy Whose Privacy is Protected? Constitutional Protections for Privacy Privacy Protection Under Common Law Defenses to Invasion of Privacy Privacy Protection From Federal Statutes State Privacy Statutes Workplace Privacy Marketplace Privacy Privacy and Social Networking Anonymity Online Government Surveillance Questions for Discussion 11. Sex and Violence Obscenity and Indecency Regulation of Indecency and Material Harmful to Minors Violence Incitement to Violence Threats Hate Speech Questions for Discussion 12. Commercial Speech and Antitrust Law What is Commercial Speech? Advertising and First Amendment Protection Regulation of Unfair and Deceptive Advertising FTC Actions Against False Advertising FTC Advertising Guidelines Advertising and Foreseeable Harm False Advertising and the Lanham Act False Advertising and State Law Advertising “Sin” Products and Services Advertising to Children Marketing Intrusions Public Relations Antitrust Law Questions for Discussion Appendix: How to Find the Law Glossary Table of Cases Index 245 246 250 252 252 253 254 256 257 257 258 259 272 274 283 288 290 293 296 297 301 303 304 311 316 321 324 330 331 333 334 334 337 340 342 344 345 349 350 353 354 357 358 366 367 371 378 387 List of Sidebars Chapter 1 The Difference Between Common and Civil Law Legal Systems The Significance of Judicial Review 9 20 Chapter 2 Are Restrictions on Political Funding a Prior Restraint? First Amendment Theories 27 44 Chapter 3 Broadcast Station Licensing What is the Electromagnetic Spectrum? 54 74 Chapter 4 The First International Treaty on Cybercrime 101 Chapter 5 Jurisdictional Analysis Geolocation Filtering: Code v. Law 106 125 Chapter 7 Myth of the Poor Man’s Copyright The Difference between Copyright Permission and a Model Release 173 197 Chapter 12 Contracts and Electronic Signatures 364 Preface It is time to stop thinking about media law as though it were the exclusive domain of traditional media organizations. Our global shift to digital media has precipitated a shift in information control. Meanwhile the affordability of digital media and their ease of use has democratized media production. With the right equipment, anyone can produce a website, listserv, blog or video with the potential to reach a mass audience. When anyone can become a media producer, everyone should know something about media law – both to protect their own rights and to avoid violating the rights of others. This text focuses on digital media law, which like digital media, is characterized by its general applicability. The information presented here is applicable to professionals in fields such as publishing, public relations, advertising, marketing, e-commerce, graphic art, web design, animation, photography, video and audio production, game design, and instructional technology among others. But it is equally relevant to individuals who use digital media for personal interests – either to express themselves through social networking sites, blogs, and discussion boards or to engage in file trading or digital remixing. As a field, digital media law is also characterized by its global impact. Digital media are borderless. Material uploaded to the Internet enters every country. Material broadcast via satellite reaches across entire continents. What does not travel internationally, however, is the First Amendment. American publishing companies and writers have been sued in courts all over the world for publishing information on the Internet that violated the laws of other countries. Foreign courts will apply their laws to material that is accessible within their borders through the Internet or via satellite if they perceive that material to have caused harm there. Producers of digital media need to understand how jurisdiction is determined and when foreign law can be applied to them. Digital Media Law focuses on issues that are particularly relevant to the production and use of digital media. Its cases and controversies are based on freedom of expression, information access and protection, intellectual property, defamation, privacy, indecency, and commercial speech in the context of new media. This growing area of law also encompasses regulations imposed on the content and operation of telecommunications, such as broadcast, cable and satellite media, cellular communications, and the Internet. The material is framed to appeal to the broad audience of future media producers in communication and digital media disciplines. Current examples bring legal concepts to life. The text is also accompanied by a website ( that provides updated information about new court decisions and legislation, links to cases, and supplementary material. A little computer icon ( ) appears in the text near cases and Preface controversies that are still in progress. You can visit the “What’s New” section on the website for new information about them. Chapter 1 provides an introduction to the legal system and a guide to locate primary sources of law. Use it to gain a basic understanding of law before moving on to other topics. Chapter 2 explores the First Amendment. Speech is presumed to be protected in the United States unless proven otherwise. This chapter addresses the extent of that protection and its limitations. Chapter 3 covers telecommunications law, including regulations for broadcast media, cable, direct broadcast satellite, and phone service. It explores the varying levels of First Amendment protection that apply to different media and the Federal Communications Commission’s efforts to adapt its rules to converging technologies. Chapter 4 discusses the Internet’s regulatory structure and explains the difference between domestic and international concepts of net neutrality. It describes legislative efforts to make the Internet more accessible to people with disabilities. It also details statutes in place to combat cybercrime and introduces the concept of virtual law. Chapter 5 provides an introduction to the legal area of procedure called conflict of laws. It explains how jurisdiction, choice of law, and enforcement of foreign judgments applies to transnational conflicts involving digitally disseminated content. Chapter 6 describes federal and state guarantees of access to information and protections for information sources. This area of law, which has always been of particular significance to traditional journalists, is now increasingly important to bloggers and podcasters. Chapters 7 and 8 provide an overview of intellectual property law. Chapter 7 explains copyright law, a field that applies to every digital media producer’s work. Chapter 8 describes patent law, trademark protection, trade secret protection, and cybersquatting legislation. Chapter 9 addresses defamation law, which has always been the bane of traditional media, but is now increasingly applied to “average people” who post damaging accusations on websites, blogs, and listservs. It explains how U.S. libel law differs from that of other countries and the impact that difference has on the treatment of plaintiffs and defendants. Chapter 10 explores protections for privacy, scattered among state and federal statutes, common law, and state constitutions. It addresses rights to privacy in the marketplace, work, home, and electronic communications. Chapter 11 delves into the regulation of sex and violence. In particular, it explores varying protections accorded indecency v. obscenity and how states have tried to apply these theories to control violence in media. Chapter 12 explains differences in First Amendment protection accorded to commercial speech. It describes the efforts of regulatory agencies to control deceptive advertisements, spam, and antitrust violations. A glossary is provided at the back of the book for looking up key terms. After you’ve learned more about the law, you may be interested in doing some of your own research. Look in the appendix for a simplified guide to legal research. It will help you find different sources of law and understand how to read legal citations. xi Acknowledgments Without the dedicated editorial staff at Wiley-Blackwell, particularly Elizabeth Swayze and Julia Kirk, you would not be reading this book. Their experience and generosity guided me through its production. I also owe a debt of gratitude to the kind professors who reviewed the book for Wiley and, through their insightful comments, made the manuscript better. My deepest appreciation goes to my talented illustrator, Kalan Lyra, who took abstract ideas and turned them into something visually meaningful. I also want to thank three wonderful research assistants: Kyle Johnson, Jessica Casarez and Nick Pavlow. I remain indebted to William Fisch and Martha Dragich, my professors of constitutional law and legal research. Finally, my most sincere thanks goes to my husband, Chris, and daughter, Eliza, who supported me even when they realized how much time this book was taking away from them. 1 Introduction to the Legal System It makes no sense to dive into a particular area of law without understanding the basic structure of the legal system and its terminology. This chapter describes the primary sources of law in the United States and how to find them. It explains the structure of the federal and state court systems, the basic differences between civil and criminal law, and the role of judicial review in the United States. It can be used to establish a foundation before proceeding to other chapters and as a reference later when you need to review a particular concept. The Meaning of Law Before discussing how law is made, it might be helpful to define it generally. Law is a system to guide behavior, both to protect the rights of individuals and to ensure public order. Although it may have a moral component, it differs from moral systems because the penalties for its violation are carried out by the state. Digital media law encompasses all statutes, administrative rules, and court decisions that have an impact on digital technology. Because technology is always changing, digital media law is in a state of continuous adaptation. But its basic structure and principles are still grounded in the “brick-and-mortar” legal system. Sources of Law in the United States All students are taught in civics class that there are three branches of government and that each serves a unique function in relation to the law. The legislative branch makes Digital Media Law, Second Edition. Ashley Packard. © 2013 John Wiley & Sons, Inc. Published 2013 by John Wiley & Sons, Inc. 2 Introduction to the Legal System Figure 1.1 The legislative, executive and judicial branches of government make law. Illustration: Kalan Lyra law, the judicial branch interprets law, and the executive branch enforces law. Although this is true, it is also a little misleading because it suggests that each branch is completely compartmentalized. Actually, all three branches make law. The legislative branch produces statutory law. The executive branch issues executive orders and administrative rules. The judicial branch creates law through precedential decisions. In the United States, sources of law include constitutions, statutes, executive orders, administrative agencies, federal departments, and the common law and law of equity developed by the judiciary. The most important source of law, however, is the U.S. Constitution. Introduction to the Legal System 3 Constitutions A political entity’s constitution is the supreme law of the land because it is the foundation for government itself. The constitution specifies the organization, powers, and limits of government, as well as the rights guaranteed to citizens. Because the legislative, judicial, and executive branches of government draw their power from the U.S. Constitution, they cannot act in opposition to it. For this reason, federal courts will overturn statutes and administrative rules that exceed constitutional boundaries. They will also reverse lower courts when their decisions stray too far afield. The only way to get around the Constitution is to alter the document. Ratification of an amendment requires approval from three-fourths of the states. Twenty-seven amendments have been ratified since the Constitution was signed. The first ten are known as the Bill of Rights. In addition to the federal Constitution, there are 50 state constitutions. States are sovereign entities with the power to make their own laws. However, their laws must operate in accord with federal law. The U.S. Constitution includes a supremacy clause that requires state courts to follow federal law when conflicts arise between it and state constitutions or state law.1 The federal constitution also requires that states give “full faith and credit” to other states’ laws and judicial decisions. The U.S. Constitution declares its supremacy in Article XI: “This Constitution . . . shall be the supreme Law of the Land; and the Judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” The Constitution Society provides links to the U.S. Constitution and all state constitutions at Statutes When we think about the word “law,” we generally have in mind the statutes passed by our elected representatives as part of city councils, county commissions, state legislatures, and the U.S. Congress. These laws, called ordinances at the city level and statutes at the state and federal ...
Purchase answer to see full attachment

Tutor Answer

School: Carnegie Mellon University

Here you go! Let me know if you have any questions. Have a good night! 😃

1. The Fourteenth Amendment gave citizenship to former slaves, and the First Amendment
protects freedom of speech and religion. These two amendments are related because,
before the Fourteenth Amendment was passed, most African Americans were not
considered to be citizens, which meant that freedom of speech (as well as the rest of the
Bill of Rights) did not apply to them. Wh...

flag Report DMCA

Good stuff. Would use again.

Similar Questions
Related Tags

Brown University

1271 Tutors

California Institute of Technology

2131 Tutors

Carnegie Mellon University

982 Tutors

Columbia University

1256 Tutors

Dartmouth University

2113 Tutors

Emory University

2279 Tutors

Harvard University

599 Tutors

Massachusetts Institute of Technology

2319 Tutors

New York University

1645 Tutors

Notre Dam University

1911 Tutors

Oklahoma University

2122 Tutors

Pennsylvania State University

932 Tutors

Princeton University

1211 Tutors

Stanford University

983 Tutors

University of California

1282 Tutors

Oxford University

123 Tutors

Yale University

2325 Tutors