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The Law of Journalism and Mass Communication
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The Law of Journalism and Mass Communication

Sixth Edition
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October 2017 | 704 pages | CQ Press

“This is an excellent and in-depth text for a media law class. The authors provide a comprehensive look at media law and supplement the main text with a wide range of infographics that expand on the concepts and cases covered in the text.”
—Elizabeth Skews, University of Colorado Boulder

The Law of Journalism and Mass Communication, Sixth Edition offers a clear and engaging introduction to media law with comprehensive coverage and analysis of key cases for future journalists and media professionals. Students are introduced to key legal issues at the start of each chapter, building their critical thinking skills before progressing to real-world landmark cases that demonstrate how media law is applied today. Contemporary examples, emerging legal topics, international issues, and cutting-edge research all help students to retain and apply principles of media law in practice.  

The thoroughly revised Sixth Edition has been reorganized and shortened to 12 chapters, streamlining the content and offering instructors more opportunities for classroom activities. This edition also goes beyond the judiciary—including discussions of tweets and public protests, alcohol ads in university newspapers, global data privacy and cybersecurity, libel on the internet, and free speech on college campuses—to show how the law affects the ways mass communication works and how people perceive and receive that work.

Attention Students and Instructors! Get author-created online resources that make teaching and learning easier. Learn more at study.sagepub.com/medialaw6e.

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List of Features
 
Preface
 
Acknowledgments
 
About the Authors
 
CHAPTER 1. THE RULE OF LAW
Law in a Changing Communication Environment

 
Body of the Law

 
Structure of the Judicial System

 
Processes of the Law

 
Finding the Law

 
Reading Case Law

 
 
CHAPTER 2. THE FIRST AMENDMENT
Speech and Press Freedoms in Theory and Reality

 
What the First Amendment Means

 
Where the First Amendment Came From

 
Why We Value the First Amendment

 
When “the Press” Changes

 
How Government Restrains First Amendment Freedoms

 
How the Supreme Court Reviews Laws Affecting First Amendment Rights

 
Speaking Politics

 
Speaking for and as the Government

 
Political Campaigning and Financing Elections

 
Speaking Anonymously

 
Assembling and Speaking in Public and Nonpublic Places

 
Requiring Speech

 
 
CHAPTER 3. SPEECH DISTINCTIONS
Different Categories Trigger Distinct Treatment

 
National Security and Tranquility

 
Evolving Court Tests to Protect Disruptive Speech

 
Do Media Incite Harm?

 
Speech Harms

 
Symbolic Speech

 
Speech in the Schools

 
Other Harms

 
 
CHAPTER 4. LIBEL AND EMOTIONAL DISTRESS
The Plaintiff’s Case

 
A Brief History

 
The Elements of Libel: The Plaintiff’s Case

 
Emotional Distress

 
Intentional Infliction of Emotional Distress

 
Negligent Infliction of Emotional Distress

 
 
CHAPTER 5. LIBEL
Defenses and Privileges

 
Truth

 
Anti-SLAPP Protection

 
Fair Report Privilege

 
Fair Comment and Criticism

 
Opinion

 
Section 230 Immunity

 
Other Defenses

 
Additional Defense Considerations

 
 
CHAPTER 6. PROTECTING PRIVACY
Conflicts Between the Press, the Government and the Right to Privacy

 
Privacy Law’s Development

 
False Light

 
Appropriation

 
Intrusion

 
Private Facts

 
Privacy and Data Protection

 
Electronic Privacy and the Supreme Court

 
 
CHAPTER 7. GATHERING INFORMATION
Opportunities and Obstacles

 
Access to Places

 
Access to Government Meetings and Records

 
Promises of Confidentiality

 
Recording

 
Obstacles to Gathering Information

 
Obstacles to Gathering Government Information

 
 
CHAPTER 8. OVERSEEING THE COURTS
Protecting Procedures and Watchdogs

 
Access to Courts and Court Records

 
Advancing Fairness in Trials

 
Balancing Interests

 
Advancing the Flow of News

 
 
CHAPTER 9. ELECTRONIC MEDIA REGULATION
From Radio to the Internet

 
Development of Broadcast Regulation

 
Broadcast Program Regulation

 
Development of Cable and Satellite Regulation

 
Multichannel Video Programming Distributors Regulation

 
Internet Regulation

 
 
CHAPTER 10. OBSCENITY AND INDECENCY
Social Norms and Legal Standards

 
Obscenity

 
Indecency

 
 
CHAPTER 11. INTELLECTUAL PROPERTY
Protecting and Using Intangible Creations

 
Copyright

 
Trademarks

 
 
CHAPTER 12. ADVERTISING
When Speech and Commerce Converge

 
What Is Commercial Speech?

 
Evolving Commercial Speech Protection

 
Creating Distinctions Within Commercial Speech

 
Remedying Problems Through Executive Agencies

 
 
Endnotes
 
Glossary
 
Case Index
 
Subject Index

Supplements

Student Study Site

The open-access Student Study Site includes the following:

    •  An archive of case studies provide students with the opportunity to engage directly and personally with the legal decisions that construct The Law of Journalism and Mass Communication.
    • Mobile-friendly eFlashcards reinforce understanding of key terms and concepts that have been outlined in the chapters.
    • Mobile-friendly practice quizzes allow for independent assessment of progress made in learning course material.
    • Insightful chapter summaries to help students study and reinforce key concepts.
    • Links to professional resources to help students further explore chapter concepts and to facilitate research.
Instructor Resource Site

Password-protected Instructor Resources include the following:

    • A Microsoft® Word test bank, is available containing multiple choice, true/false, and essay questions for each chapter. The test bank provides you with a diverse range of pre-written options as well as the opportunity for editing any question and/or inserting your own personalized questions to effectively assess students’ progress and understanding.
    • Editable, chapter-specific Microsoft® PowerPoint® slides offer you complete flexibility in easily creating a multimedia presentation for your course.
    • Lively and stimulating chapter activities that can be used in class to reinforce active learning. The activities apply to individual or group projects.
    • An Instructor Manual features chapter overviews, chapter outlines, classroom activities, and links to professional resources.
    • Tables and Figures are available in an easily-downloadable format for use in papers, hand-outs, and presentations

“This is an excellent and in-depth text for a media law class. The authors provide a comprehensive look at media law and supplement the main text with a wide range of infographics that expand on the concepts and cases covered in the text.”

Elizabeth Skews
University of Colorado Boulder

“This book presents all the important communications law topics in a clear and comprehensive manner.  It is up-to-date with cutting-edge and relevant legal topics that communications professionals, particularly journalists, may confront. The examples and features are current and clear.”

Roy S. Gutterman
Syracuse University

“It provides a nearly perfect introduction and legal foundation for undergraduates interested in the practice of journalism and other mass media professions. It’s engaging and up to date. Has no intimidation factors despite the fact it teaches solid legal principles.”

John Watson
American University School of Communication

This updated 6th edition has excellent relevance for people working in today's world. The social media applications are very relevant as are the people and events currently in the news.

Dr Pamela Kalbfleisch
School Of Communication, University Of North Dakota
October 23, 2017
Key features
NEW TO THIS EDITION:
  • The number of chapters has been reduced and several chapters have been reorganized, streamlining the content and offering instructors more opportunities for classroom activities.
  • Clearer definitions in the margins and the glossary makes student comprehension and engagement easier. 
  • New case discussions and excerpts—such as new coverage of Reed v. Town of Gilbert in light of its growing impact, recent Supreme Court cases involving intellectual property, and the Communications Decency Act’s Sec. 230 protections for online carriers of terrorist speech—provide students with the most current and comprehensive treatment of the law. 
  • New coverage of legislation and regulations throughout—including discussions of the Federal Aviation Administration regulations on commercial drone use, developments in the area of social media use in trials, and the Federal Communication Commission’s regulation of multichannel video programming distributors and online video providers—show students how current laws have impacted the work of journalists and media professionals. 
  • The chapter on speech distinctions now includes a discussion on the treatment of violence and focuses on how the Supreme Court’s application of the First Amendment has evolved through time. This helps students see that speech categories are not always precise and how court precedents constrain but do not absolutely bind subsequent decisions. 
  • A sharpened chapter on libel and emotional distress is followed by a reorganized chapter on libel defenses to highlight those defenses most commonly used today. 
  • The privacy chapter offers students new information on privacy and data protection before ending with how the Supreme Court has approached emerging issues of electronic privacy.
  • Two chapters replace the three chapters that formerly dealt separately with newsgathering, reporter’s privilege, and access to the courts. An information gathering chapter reaches beyond purely news situations to highlight issues important to public relations and marketing professionals. Reporter’s privilege is now included in the chapter on courts. 
  • A reorganized chapter on electronic media regulation makes the material more approachable for students and better explains how both regulatory history and technological changes go hand in hand with regulation
  • The chapter on advertising opens with a clarified discussion of the shifting definition of commercial speech and the evolving Supreme Court protection of advertising.

KEY FEATURES:

  • Colorful and engaging features and photos entice readers who may be intimidated by studying media law.
  • Social Media Law boxes spotlight the sweeping impact of new media technologies on people’s lives and the practices and laws of journalism and mass communication.
  • Hypothetical Suppose cases at the start of each chapter get students thinking about key legal issues.
  • Real World Law boxes offer contemporary examples of media law in practice.
  • Timelines show the progression of landmark cases in context of important historical events.
  • Points of Law boxes in every chapter underscore key issues and legal tests.
  • Two excerpted Cases for Study with explanatory headnotes and questions at the end of each chapter present carefully edited U.S. Supreme Court decisions to help readers focus on important elements.
  • Emerging Law focus on new legal issues just beginning to surface, such as issues related to digital technology and social media.
  • International Law explore global issues for media law that help students navigate and increasingly connected media landscape.
  • Marginal key terms help students with the new vocabulary of the law of journalism and mass communication.

For instructors

Review and Desk copies for this title are available digitally via VitalSource.

Request e-review copy

If you require a print review copy, please call: (800) 818-7243 ext. 6140 or email textsales@sagepub.com.