The Supreme Court Battle over Privacy and Press Freedom
Author: Samantha Barbas
Publisher: Stanford Law Books
In 1952, the Hill family was held hostage by escaped convicts in their suburban Pennsylvania home. The family of seven was trapped for nineteen hours by three fugitives who treated them politely, took their clothes and car, and left them unharmed. The Hills quickly became the subject of international media coverage. Public interest eventually died out, and the Hills went back to their ordinary, obscure lives. Until, a few years later, the Hills were once again unwillingly thrust into the spotlight by the media—with a best-selling novel loosely based on their ordeal, a play, a big-budget Hollywood adaptation starring Humphrey Bogart, and an article in Life magazine. Newsworthy is the story of their story, the media firestorm that ensued, and their legal fight to end unwanted, embarrassing, distorted public exposure that ended in personal tragedy. This story led to an important 1967 Supreme Court decision—Time, Inc. v. Hill—that still influences our approach to privacy and freedom of the press. Newsworthy draws on personal interviews, unexplored legal records, and archival material, including the papers and correspondence of Richard Nixon (who, prior to his presidency, was a Wall Street lawyer and argued the Hill family's case before the Supreme Court), Leonard Garment, Joseph Hayes, Earl Warren, Hugo Black, William Douglas, and Abe Fortas. Samantha Barbas explores the legal, cultural, and political wars waged around this seminal privacy and First Amendment case. This is a story of how American law and culture struggled to define and reconcile the right of privacy and the rights of the press at a critical point in history—when the news media were at the peak of their authority and when cultural and political exigencies pushed free expression rights to the forefront of social debate. Newsworthy weaves together a fascinating account of the rise of big media in America and the public's complex, ongoing love-hate affair with the press.
This text offers a clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology and information privacy. Extensive background information and authorial guidance provide clear and concise introductions to various areas of law. The Sixth Edition of Information Privacy Law has been revised to include the General Data Protection Regulation, Spokeo, and many other new developments. Key Benefits: Updated cases, including those involving Hulu, Apple, Google, Snapchat, and others along with the Supreme Court ruling on Spokeo, Inc. v. Robins. New coverage of FTC and HHS enforcement actions. Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, standing in privacy lawsuits, among other topics. Chapters devoted exclusively to data security, national security, employment privacy, and education privacy. Sections on government surveillance and freedom to explore ideas. Extensive coverage of the NSA and the Snowden revelations and the ensuing litigation.
Media Law and Ethics is a comprehensive overview and a thoughtful introduction to media law principles and cases as well as related ethical concerns relevant to the practice of professional communication. This is the fi rst textbook to explicitly integrate both media law and ethics within one volume. Since it integrates both current law and ethical queries, it is ideal for both undergraduate and graduate courses in media law and ethics. Co-author Kyu Ho Youm expands this edition’s international scope, updating and broadening his chapter on international and foreign law. The book also covers the most timely and controversial issues in modern American media. The new fifth edition has been updated with current events and discusses the potential impact they have.
The First Amendment and Civil Liability Robert M. O'Neil A well-known First Amendment advocate explains the new threats to free expression posed by damage suits. This book explores a highly contentious set of issues involving freedom of speech and press. Until very recently, publishers and producers have assumed that, with a few exceptions like libel, freedom of expression was absolute and safe from civil liability in the form of damage awards. In the late 1990s, these complacent assumptions were sharply challenged. The case of the Hit-Man Manual signaled the shift. After a hired assassin had been convicted of a brutal murder in a Washington, D.C. suburb, it turned out he had used a book that contained graphic, detailed instructions on how to carry out an execution. When the family of the victims sued the publisher for wrongful death, a federal appeals court ruled that the book was "not protected speech" since its apparent purpose was "to facilitate murder." The publisher was thus, for the first time, potentially liable for criminal acts committed by a reader of one of its books. Later cases, especially a suit against Natural Born Killers' producer Oliver Stone, have invoked this ruling in seeking to impose liability on those who create and distribute material that causes others to inflict injury or death. Noted First Amendment scholar Robert M. O'Neil looks at seven areas where free expression is now at risk of incurring civil liability -- libel and slander (including a separate analysis of libel on the Internet), privacy (paparazzi and others who intrude), defective or dangerous "products," incitement (the claim of a link between speech and criminal acts, as in the Natural Born Killers case), advertising, news-gathering (for example, the Food Lion/ABC Primetime Live case,) and threats and incitement on the Internet (as in the anti-abortion Nuremberg website case.) O'Neil's clear exposition and analysis illuminate the issues for a broad range of readers concerned about a host of new threats to, and the limits of, free expression.
Studies on the Costs of Free Expression and Freedom of the Press
Author: Raphael Cohen-Almagor
Category: Political Science
One of the dangers in any political system is that the principles that underlie and characterize it may, through their application, bring about its destruction. Liberal democracy is no exception. Moreover, because democracy is relatively a young phenomenon, it lacks experience in dealing with pitfalls involved in the working of the system - the ‘catch’ of democracy. This is an interdisciplinary study concerned with the limits of tolerance, this ‘democratic catch’, and the costs of freedom of expression. Rights are costly, and someone must pay for them. We can and should ask about the justification for bearing the costs, weighing them against the harms inflicted upon society as a result of a wide scope of tolerance. While recognizing that we have the need to express ourselves, we should also inquire about the justifications for tolerating the damaging speech and whether these are weighty enough. This book combines theory and practice, examining issues of contention from philosophical, legal and media perspectives and covers such issues as: media invasion into one’s privacy offensive speech incitement hate speech holocaust denial media coverage of terrorism. This book is essential reading for anyone who has research interests in political theory, extremism, and free speech.