2nd Edition

Media Law and Ethics A Casebook

By Roy L. Moore Copyright 2008

    This new edition of the casebook includes extensive excerpts from 25 major decisions by the Supreme Court of the United States in media law or related to media law. The cases are presented in the order in which they are discussed in the third edition of <I>Media Law and Ethics<$> by Roy L. Moore and Michael D. Murray, but the casebook is designed to be used as a supplemental text in any media law course. Each case includes a brief overview and has been edited to delete detailed citations and highly technical material. However, every effort has been made to preserve the Court's original language, including its recitation of the facts, its reasoning and the holding in the case. Most of the cases also include excerpts from the Court's syllabus, a summary prepared by the Court's Reporter of Decisions. A few of the cases include excerpts from concurring and/or dissenting opinions, where those opinions illustrate the complexity of the case or were influential in later decisions.

    Marburyv. Madison (1803) [authority of federal judiciary] -- THE U.S. LEGAL SYSTEM -- Tory et al. v. Cochran (2005) [mootness—libel] -- THE JUDICIAL PROCESS -- J.E.B. v. Alabama ex rel. T.B. (1994) [jury selection-gender] -- Victor v. Nebraska and Sandoval v. California (1994) [jury -- instructions-beyond a reasonable doubt] -- PRIOR RESTRAINT -- Near v. Minnesota (1931) [constitutionality of state statute imposing prio -- restraint on publications] -- United States v. Eichman and United States v. Haggerty (1990) [First -- Amendment protection for flag burning] -- City ofLadue v. Gilleo (1994) [prior restraint on residential sign] -- Morse v. Frederick (2007) [prior restraint on high school expression] .... -- CORPORATE AND COMMERCIAL SPEECH -- Central Hudson Gas & Electric Corp. v. Public Service Commission of -- New York (1980) [First Amendment protection for commercial speech]. -- Florida Bar v. Went For It, Inc. (1995) [regulation of mail solicitations by attorneys] -- Watchtower Bible & Tract Society of New York v. Village of Stratton (2002) -- [regulation of door-to-door canvassing by religious groups] -- Johanns, Secretary of Agriculture v. Livestock Marketing Association (2005) -- [constitutionality of federal agricultural checkoff program to promote beef consumption] -- ELECTRONIC MASS MEDIA AND TELECOMMUNICATIONS -- Red Lion Broadcasting v. Federal Communications Commission (1969) -- [regulation of broadcasting—Fairness Doctrine] -- Turner Broadcasting System v. Federal Communications Commission (Turner -- Broadcasting II) (1997) [regulation of cable television-“must-carry provisions”] -- LIBEL -- New York Times v. Sullivan (1964) [actual malice rule-public officials] -- Gertz v. Robert Welch (1974) [state standards—private individuals] -- Hustler v. Falwell (1988) [intentional infliction of emotional distress] -- INDECENCY, OBSCENITY AND PORNOGRAPHY -- Miller v. California (1973) [test for obscenity] -- Ashcroft v. Free Speech Coalition (2002) [1996 Child Pornography -- Prevention Act—computer—simulated images] -- RIGHT OF PRIVACY -- Florida Star v. B.J. F. (1989) [public records—publication of rape victim’s name] -- Gonzaga University v. Doe (2002) [civil damages for violation of privacy -- under Family Educational Rights and Privacy Act of 1974 (FERPA)] -- PRESS AND PUBLIC ACCESS TO THE JUDICIAL PROCESSES RECORDS, PLACES AND MEETINGS -- Richmond Newspapers v. Virginia (1980) [First Amendment right of access to criminal trials] -- Chandler v. Florida (1981) [free press v. fair trial-cameras in the courtroom] -- INTELLECTUAL PROPERTY -- Moseley and Moseley v. V Secret Catalogue (2003) [proof of trademark -- dilution under the Federal Trademark Dilution Act of 1995 (FTDA)] -- Eldred v. Ashcroft (2002) [constitutionality of Copyright Term Extension Act of 1998]

    Biography

    Roy. L. Moore (Ph.D. University of Wisconsin Madison; J.D. Georgia State Unviersity) is Associate Vice President for Academic Affairs and Professor of Mass Communication at Georgia College & State University. He earlier served as Associate Dean in the College of Communications and Information Studies and Professor in the School of Journalism at the University of Kentucky, where he also served as a Faculty Trustee on the Board of Trustees and Executive Director of the First Amendment Center. He is a practicing attorney and a national authority on libel law and First Amendment issues. During 2001-2002 he was an American Council on Education (ACE) Fellow at the University of Georgia. He chaired the Law Division of the Association for Education in Journalism and Mass Communication and was named a “Great Teacher” by the University of Kentucky Alumni Association.