Mass Media Law 20 9781259913907 In its twentieth edition, Mass Media Law comprehensively examines the principles of media law, First Amendment freedoms of speech, and press and assembly. This timely revised edition is extremely pertinent in this era of both “fake news” and open hostility by some politicians toward the press. Students are offered an updated look at the ever-changing landscape of media law. Led by a team of preeminent scholars in the field of mass media law: Clay Calvert, Dan Kozlowski and Derigan Silver, this new edition is engaging, readable, and entertaining. Instructors and students can now access their course content through the Connect digital learning platform by purchasing either standalone Connect access or a bundle of print and Connect access. McGraw-Hill Connect® is a subscription-based learning service accessible online through your personal computer or tablet. Choose this option if your instructor will require Connect to be used in the course. Your subscription to Connect includes the following: SmartBook® - an adaptive digital version of the course textbook that personalizes your reading experience based on how well you are learning the content. Access to your instructor’s homework assignments, quizzes, syllabus, notes, reminders, and other important files for the course. Progress dashboards that quickly show how you are performing on your assignments and tips for improvement. The option to purchase (for a small fee) a print version of the book. This binder-ready, loose-leaf version includes free shipping. Complete system requirements to use Connect can be found here:
Mass Media Law

Mass Media Law

20th Edition
By Clay Calvert and Dan V. Kozlowski and Derigan Silver
ISBN10: 1259913902
ISBN13: 9781259913907
Copyright: 2018
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The estimated amount of time this product will be on the market is based on a number of factors, including faculty input to instructional design and the prior revision cycle and updates to academic research-which typically results in a revision cycle ranging from every two to four years for this product. Pricing subject to change at any time.

Program Details

Chapter 1         The American Legal System


Sources of the Law

Common Law

The Role of Precedent

Finding Common-Law Cases

Equity Law

Statutory Law

Constitutional Law

Executive Orders and Administrative Rules


The Judicial System

Facts versus the Law

The Federal Court System

The Supreme Court

Other Federal Courts

Federal Judges

The State Court System

Judicial Review







Chapter 2         The First Amendment: The Meaning of Freedom


Historical Development

Freedom of the Press in England

Freedom of the Press in Colonial America

Community Censorship, Then and Now


The First Amendment

The New Constitution

Freedom of Expression in the 18th Century

Freedom of Expression Today


The Meaning of Freedom

Seditious Libel and the Right to Criticize the Government

Alien and Sedition Acts

Sedition in World War I

The Smith Act

Defining the Limits of Freedom of Expression

Real-Life Violence: Blaming Movies, Video Games and Books

The Gitlow Ruling and the Incorporation Doctrine


Prior Restraint

Near v. Minnesota

Pentagon Papers Case

Progressive Magazine Case

United States v. Bell










Chapter 3         The First Amendment: Contemporary Problems


The First Amendment in Schools

Censorship of Expression in Public High Schools

The Hazelwood Case

The Bethel Case

The Morse Case

Censorship of College


Problems for College Journalists

Alcohol Advertisements and the College Press

Book Banning


Time, Place and Manner Restrictions

Forum Analysis


Other Prior Restraints

Son of Sam Laws

Prior Restraint and Protests


Hate Speech/Fighting Words


The First Amendment and Election Campaigns


The First Amendment and the Information Superhighway

Net Neutrality




Chapter 4         Libel: Establishing a Case


The Libel Landscape

Damage Claims

Time and Money

Time and the Law

The Lawsuit as a Weapon

Resolving the Problem


Law of Defamation

Elements of Libel


Publishers and Vendors

Libel on the Internet


Group Identification



Sexual References

Personal Habits


Business Reputation

Criticism of a Product












Chapter 5         Libel: Proof of Fault


New York Times v. Sullivan

The Rationale for the Ruling

Public Persons versus Private Persons

Who Is a Public Official?

Job Description

The Nature of the Story

All-Purpose Public Figures

Limited-Purpose Public Figures

Lower-Court Rulings

The Nature of the Controversy

The Plaintiff ’s Role

Businesses as Public Figures

Public Persons Over Time

Involuntary Public Figures


The Meaning of Fault


Actual Malice

Knowledge of Falsity

Reckless Disregard for the Truth

Applying the Actual Malice Standard


Intentional Infliction of Emotional Distress





Chapter 6         Libel: Defenses and Damages

Summary Judgment/Statute of Limitations

Statute of Limitations


Jurisdiction and the Internet



Privileged Communications

Absolute Privilege

Qualified Privilege

Neutral Reportage

Abuse of Privilege


Protection of Opinion

Rhetorical Hyperbole

The First Amendment

The Ollman Test

Fair Comment and Criticism


Defenses and Damages


Right of Reply /Self-Defense


Compensatory Damages

General or Actual Damages



Special Damages

Presumed Damages

Punitive Damages

Retraction Statutes


Criminal Libel




Chapter 7         Invasion of Privacy: Appropriation and Intrusion


Conceptions and Sources of Privacy in the United States

Invasion of Privacy

The Growth of Privacy Laws


Right of Publicity

Use of Name or Likeness

Advertising and Trade Purposes

News and Public Interest Exception

Other Exceptions

Booth Rule

Consent as a Defense

When Consent Might Not Work

Life After Death: Post-Mortem Publicity Rights



Intrusion and the Press

No Privacy in Public

The Use of Hidden Recording Devices

Intrusion by Drones

Intrusion and the Publication of Information Obtained Illegally





Chapter 8         Invasion of Privacy: Publication of Private Information and False Light


Public Disclosure of Private Facts


Private Facts

Naming Rape Victims

Highly Offensive Publicity

Legitimate Public Concern and Newsworthiness

Ethics and Privacy

Recounting the Past

Private Facts on the Internet


False-Light Invasion of Privacy


Other Falsehoods

Highly Offensive Material

The Fault Requirement





Chapter 9         Gathering Information: Records and Meetings


News Gathering and the Law

The Constitution and News Gathering

Access to Government Officials: A Right to Interview?

The First Amendment Protection of News Gathering


The Freedom of Information Act

Recent FOIA Reforms

Agency Records

What Is an Agency?

What Is a Record?

What Is an Agency Record?

FOIA Exemptions

National Security

Housekeeping Practices

Statutory Exemption

Trade Secrets

Working Papers/Discovery

Personal Privacy

Law Enforcement

Financial Records

Geological Data

Handling FOIA Requests

Federal Open-Meetings Law


State Laws on Meetings and Records

State Open-Meetings Laws

State Open-Records Laws

The Privatization of Public Government


Laws That Restrict Access to Information

School Records

Health and Medical Records

The Federal Privacy Law

Criminal History Privacy Laws

State Statutes That Limit Access to Information





Chapter 10       Protection of News Sources/Contempt Power


Journalists, Jail and Confidential Sources

News and News Sources

The Failure to Keep a Promise

Constitutional Protection of News Sources

Lower-Court Rulings

Civil Cases

Criminal Cases

Grand Jury Proceedings

Nonconfidential Information and Waiver of the Privilege

Who Is a Journalist?

Telephone Records


Legislative and Executive Protection of News Sources

Shield Laws

Federal Guidelines

Newsroom Searches

How to Respond to a Subpoena


The Contempt Power

Kinds of Contempt

Contempt and the Press

Collateral Bar Rule





Chapter 11       Free Press–Fair Trial: Trial-Level Remedies and Restrictive Orders


Prejudicial Crime Reporting

Impact on Jurors

The Law and Prejudicial News


Traditional Judicial Remedies

Voir Dire

Change of Venue


Admonition to the Jury

Sequestration of the Jury


Restrictive Orders to Control Publicity

Restrictive Orders Aimed at the Press

Restrictive Orders Aimed at Trial Participants

Contact with Jurors





Chapter 12       Free Press–Fair Trial: Closed Judicial Proceedings


Closed Proceedings and Sealed Documents

Open Courts and the Constitution

Open and Closed Trials

Suspected Terrorists, Enemy Combatants, Et Al.


Closure of Other Hearings

Accessible and Inaccessible Documents

Access and the Broadcast Journalist

Access to Evidence

Recording and Televising Judicial Proceedings


Bench-Bar-Press Guidelines





Chapter 13       Regulation of Obscene and Other Erotic Material


The Law of Obscenity

Early Obscenity Law

Defining Obscenity


Contemporary Obscenity Law

The Miller Test

An Average Person

Community Standards

Patent Offensiveness

Serious Value

Other Standards

Variable Obscenity

Child Pornography

Children as Child Pornographers and Sexting

Obscenity and Women


Regulation of Nonobscene Erotic Material

Sexually Oriented Businesses

Attacks on the Arts and Popular Culture

Erotic Materials in Cyberspace

The Communications Decency Act

The Child Online Protection Act

The Children’s Internet Protection Act

Current Issues Online: The New “Dot XXX” Domain








Chapter 14       Copyright and Trademark


Intellectual Property Law



Roots Copyright

What May Be Copyrighted

Copyright and Facts

Telephone Books and Databases

News Events

Research Findings and History


Duration of Copyright Protection


Fair Use

Purpose and Character of Use

Nature of the Copyrighted Work

The Portion or Percentage of a Work Used

Effect of Use on Market

Application of the Criteria


Copyright Protection and Infringement

Copyright Notice



Originality of the Plaintiff ’s Work


Copying and Substantial Similarity

Copyright Infringement and the Internet

Digital Millennium Copyright Act

File Sharing

Film and Television


Freelancing and Copyright





Chapter 15       15 Regulation of Advertising


Advertising and the First Amendment

Commercial Speech Doctrine

Compelled Advertising Subsidies and Government Speech


The Regulation of Advertising


Lawsuits by Competitors and Consumers

State and Local Laws

Federal Regulation


Regulating Junk E-Mail and Spam


Federal Trade Commission

False Advertising Defined

Means to Police Deceptive Advertising

Guides and the Children’s Online Privacy Protection Act Voluntary Compliance

Consent Agreement

Litigated Order


Corrective Advertising


Trade Regulation Rules


The Regulatory Process


Special Cases of Deceptive Advertising


Bait-and-Switch Advertising


Advertising Agency/Publisher Liability





Chapter 16       Telecommunications Regulation

A Prologue to the Present

History of Regulation

The Changing Philosophy of Broadcast Regulation

The Prometheus Decision and Continuing Fallout


Basic Broadcast Regulation

Federal Communications Commission


Censorship Powers


Multiple Ownership Rules

License Renewal

The Public’s Role and Online Public Inspection Files


Regulation of Program Content


Regulation of Children’s Programming

Obscene, Indecent and Profane Material

Violence on Television


Regulation of Political Programming

Candidate Access Rule

Equal Opportunity/Equal Time Rule

Use of the Airwaves

Legally Qualifi ed Candidates


News and Public Affairs

Video News Releases, Sponsorship Identification and the FCC

The First Amendment


Regulation of New Technology

Satellite Radio

Internet and Broadband

Cable Television 679

Federal Legislation Regulating

Cable Television

Purpose of the Law

Jurisdiction and Franchises

Must-Carry Rules

Programming and Freedom of Expression



About the Author

Clay Calvert

Clay Calvert is Professor and Brechner Eminent Scholar in Mass Communication in the College of Journalism and Communications at the University of Florida in Gainesville, where he also directs the Marion B. Brechner First Amendment Project. He has taught undergraduate media law classes for more than twenty years.

Dan V. Kozlowski

Dan V. Kozlowski is an associate professor in the Department of Communication at Saint Louis University, where he teaches free expression, journalism, and media courses. He is a past head of the Association for Education in Journalism and Mass Communication's Law and Policy Division.

Derigan Silver

Derigan Silver is an associate professor in the Department of Media, Film and Journalism Studies at the University of Denver. He is also the faculty director of the John Madden Center for Innovation in the Liberal and Creative Arts in the College of Arts, Humanities and the Social Sciences.


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