Freedom of the Screen


Book Description

At the turn of the twentieth century, the proliferation of movies attracted not only the attention of audiences across America but also the apprehensive eyes of government officials and special interest groups concerned about the messages disseminated by the silver screen. Between 1907 and 1926, seven states -- New York, Pennsylvania, Ohio, Virginia, Kansas, Maryland, and Massachusetts -- and more than one hundred cities authorized censors to suppress all images and messages considered inappropriate for American audiences. Movie studios, hoping to avoid problems with state censors, worrying that censorship might be extended to the federal level, and facing increased pressure from religious groups, also jumped into the censoring business, restraining content through the adoption of the self-censoring Production Code, also known as the Hays code.But some industry outsiders, independent distributors who believed that movies deserved the free speech protections of the First Amendment, brought legal challenges to censorship at the state and local levels. Freedom of the Screen chronicles both the evolution of judicial attitudes toward film restriction and the plight of the individuals who fought for the right to deliver provocative and relevant movies to American audiences. The path to cinematic freedom was marked with both achievements and roadblocks, from the establishment of the Production Code Administration, which effectively eradicated political films after 1934, to the landmark cases over films such as The Miracle (1948), La ronde (1950), and Lady Chatterley's Lover (1955) that paved the way for increased freedom of expression. As the fight against censorship progressed case by case through state courts and the U.S. Supreme Court, legal authorities and the public responded, growing increasingly sympathetic toward artistic freedom. Because a small, unorganized group of independent film distributors and exhibitors in mid-twentieth-century America fought back against what they believed was the unconstitutional prior restraint of motion pictures, film after 1965 was able to follow a new path, maturing into an artistic medium for the communication of ideas, however controversial. Government censors would no longer control the content of America's movie screens. Laura Wittern-Keller's use of previously unexplored archival material and interviews with key figures earned her the researcher of the year award from the New York State Board of Regents and the New York State Archives Partnership Trust. Her exhaustive work is the first to discuss more than five decades of film censorship battles that rose from state and local courtrooms to become issues of national debate and significance. A compendium of judicial action in the film industry, Freedom of the Screen is a tribute to those who fought for the constitutional right of free expression and paved the way for the variety of films that appear in cinemas today.




A Practical Companion to the Constitution


Book Description

This is the most comprehensive and readable one-volume reference book in print, accessible to lay readers and specialists alike, on the meaning of the American Constitution as the Supreme Court has interpreted it. It is an indispensable tool for students and lay persons who want to understand today's constitutional controversies and their background in our history. It is equally useful to lawyers and other specialists who seek quick reviews of constitutional issues with immediate reference to cases for further research. Unlike conventional treatises that discuss the Constitution clause by clause or under a few broad concepts, this book uniquely treats every aspect of the Constitution and every constitutional topic in alphabetical order, in more than 1,000 short essays. It is extensively cross-referenced and exhaustively indexed, so that even a reader with only a minimal notion of the Constitution or constitutional law can quickly find clear answers to questions about pressing issues of the day. Among the other unique features: a set of introductory essays on the background of the Constitution and the many difficulties of interpreting it; a concordance to each word and phrase in the Constitution; a year-by-year chronology of justices who have served on the Supreme Court; and a table of the more than 2,650 Supreme Court cases from 1792 to the present referred to in the book, listing the vote, the author of the majority opinion, the concurring and dissenting justices, and the length of the opinions.




Communication Law in America


Book Description

Siegel's student-friendly approach, lively writing style, and extensive illustrations including case-specific photos and one-of-a-kind cartoons present communication law in a highly accessible way. He gives a clear overview of the American judiciary system and covers the key areas, including First Amendment principles, common laws, constitutional considerations, libel laws, privacy factors, copyright and trademark, advertising, protecting news sources, obscenity laws, broadcast regulations, the Internet, and more. This is an engaging text for courses in communication law and media law.




Media Law


Book Description

During my graduate studies, I took a media law course taught by a lawyer. Unfortunately, there was no textbook available; the course relied solely on the lecturer's previous materials. This experience inspired me to write a comprehensive textbook on media law, drawing from my research and practical experience in the field. I believe this book will serve as an excellent study resource for students across various disciplines. The book "Media Law" is particularly suited for: Law Students: Especially those specializing in media law, intellectual property law, or related fields. Journalism and Mass Communication Students: Understanding legal principles is crucial for journalists dealing with issues such as defamation, freedom of the press, and intellectual property. Media Studies Students: These students examine the broader context of media operations, including regulatory and legal frameworks. Public Relations Students: PR professionals need to grasp media law to manage their communications and strategies within legal constraints. Business and Marketing Students: Those focusing on media industries must understand the legal environment impacting media business operations. Graduate Students in Relevant Fields: Graduate programs in communications, law, and media studies often include advanced courses on media law. Filmmakers and Business Owners: In today’s digital world, understanding media law is crucial for anyone involved in media production and business. This book aims to equip students and professionals with a solid understanding of media law, providing essential knowledge to navigate the legal complexities of the modern media landscape. In an era where information flows ceaselessly across borders and through various media platforms, the legal frameworks governing this information have never been more critical. Media law, intersecting with fundamental human rights, regulatory policies, and technological advancements, plays a pivotal role in shaping modern communication. "Media Law" provides a comprehensive analysis of the legal principles and issues underpinning media operations. The book's genesis lies in recognizing the growing complexities and challenges faced by media entities today. From traditional print and broadcast media to burgeoning digital and social media platforms, the evolving media landscape demands a nuanced understanding of legal protections, restrictions, and responsibilities. This book is not merely a catalog of laws but an exploration of how these laws impact real-world media functioning, human rights protection, and the balance of public and private interests. Structured into forty detailed chapters, the book covers a wide range of topics, starting with foundational concepts and historical development. It moves through various dimensions such as media freedom and regulation, human rights, ownership and pluralism, digital media, intellectual property, advertising, and the interplay between media and the judiciary. It also offers comparative perspectives, current issues, future trends, and practical applications for media law practitioners. The book's aim is twofold. Firstly, it serves as a scholarly resource for students, researchers, and academics delving into media law. The comprehensive coverage and in-depth analysis provide a solid foundation for understanding the legal environment in which media operates. Secondly, it is designed to be a practical guide for legal practitioners, media professionals, and policymakers. By highlighting best practices, landmark cases, and practical considerations, the book offers valuable insights for navigating the complex legal landscape of the media industry. Throughout the chapters, the book emphasizes the delicate balance between competing interests: the need for free and independent media versus the necessity of regulatory oversight; the protection of individual rights versus the public's right to information; and the benefits of technological innovation versus the risks it poses. These themes are explored through a comparative lens, contrasting approaches taken in Europe and North America, and drawing lessons applicable across different legal systems and cultural contexts. In compiling this book, I have drawn on a wide range of sources, including legislation, case law, academic commentary, and practical experiences from both sides of the Atlantic. The intention is to provide a holistic view of media law, reflecting its dynamic and multifaceted nature. I hope that this book will serve as a valuable resource, sparking informed discussions, guiding legal practice, and contributing to the ongoing development of media law in a way that upholds the principles of democracy, human rights, and the rule of law.




The Death of the Irreparable Injury Rule


Book Description

The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.




United States Reports


Book Description




Make No Law


Book Description

A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. 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 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.




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