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A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
To guide the industry in the 21st century, counsel for the National Association of Broadcasters (NAB) and leading attorneys have prepared the only up-to-date, comprehensive broadcast regulatory publication: NAB’s Legal Guide to Broadcast Law and Regulation. Known for years as the "voice" for broadcast law, this publication addresses the full range of FCC regulatory issues facing radio and television broadcasters, as well as intellectual property, First Amendment, cable and satellite, and increasingly important online issues. It gives practicing attorneys, in-house counsel, broadcasters and other communications industry professionals practical "how to" advice on topics ranging literally from "a" (advertising) to "z" (zoning). Now in its 6th edition, NAB’s Legal Guide to Broadcast Law and Regulation is available to keep you current on changes in the law, significant court decisions, FCC rules, agency policies and applied solutions. The National Association of Broadcasters is a nonprofit trade association that advocates on behalf of local radio and television stations and broadcast networks before Congress, the Federal Communications Commission and other federal agencies, and the courts.
This book shows how disinformation spread by partisan organizations and media platforms undermines institutional legitimacy on which authoritative information depends.
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Includes Part 1, Number 1: Books and Pamphlets, Including Serials and Contributions to Periodicals (January - June)
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
From Paul Siegel comes the extensively updated third edition of the popular Cases in Communication Law, complete with nineteen cases new to this edition. Of the sixty-four cases represented here, forty are U. S. Supreme Court decisions and are binding precedents on all jurisdictions nationwide. Many of the cases stem from highly visual artifacts, such as those involving television programs or films, and appropriate visuals or stills are provided on Siegel's website, www.paulsiegelcommlaw.com. This casebook may be used separately or as a companion to the third edition of Siegel's Communication Law in America.