Details the implications for libel suits against the press of the law's distinction between public figures and private individuals. (KS)

Since the "New York Times Co. v. Sullivan" decision in 1964, courts have debated the degrees of protection from defamation that should be offered to individuals and the concomitant degree of freedom that the press should have to report on matters of public concern. Most recently, the Supreme Court has attempted to balance these competing…

Recent court decisions have diminished First Amendment protection by rejecting the appropriateness of the "New York Times" doctrine regarding privacy and private and public citizens. (KS)

Amy Jordan addresses the need to balance the media industry's potentially important contributions to the healthy development of America's children against the consequences of excessive and age-inappropriate media exposure. Much of the philosophical tension regarding how much say the government should have about media content and delivery stems…

Contending that potential conflict between copyright and free speech inevitable if present provisions of the copyright bill providing copyright for television are enacted, the author suggests an alternative approach based on analysis of English and American background, copyright and the law of unfair competition, and policies of the copyright…

This paper addresses the relationship between the First Amendment, monopoly of transmission media, and vertical integration of transmission and content provision. A survey of some of the incentives a profit-maximizing transmission monopolist may have with respect to content is followed by a discussion of how vertical integration affects those…

The driving force in federal licensing has been the combined political interests of legislators desirous of obtaining valuable prerogatives over the assignment of frequencies; incumbent broadcasters, ever vigilant in restricting new entry into broadcasting; and "public interest" lobbyists, whose self-interests lay in politicizing the…

Science and technology may affect the balance between First Amendment rights and government interests by changing power relationships between individuals and between individuals and the state. Technology will give rise to new ways of communicating which amplify the ways in which individuals and organizations express themselves. New technologies,…

This analysis of First Amendment rights for the electronic media recounts the stories of the broadcasting/cable industry must-carry compromise of 1986 and the failed codification of the Fairness Doctrine in 1987. It is noted that these cases were peculiar because, in each instance, the most powerful media in the country willingly sought abridgment…

The "Fairness Doctrine" amendment to the 1934 Communications Act has had a negative impact on radio and television broadcasting in the United States. While the amendment was intended to prevent the nation's airwaves from monopolization by individuals or groups with specific interests or viewpoints, it has, in fact, restrained freedom of…

These two papers consider the implications of industry concentration in the mass media industry. The first, "Selling the Store: Policy Implications of the 1986 Bonanza in Television Station Transfers" (Joseph Foley, Ohio State University), analyzes the relationship between key market variables and prices paid in 1986 television stations…

This monograph traces the themes in various court decisions that reflect a growing respect for the broadcast industry as a mature communication medium which, despite federal regulation, deserves a fuller measure of the First Amendment protection enjoyed by other media. The review begins with the first government involvement in broadcast content in…

This group of four papers considers the future of the cable television industry, and in particular, examines the impact of recent court and regulatory decisions in this field. The papers presented are: (1) "The First Amendment, Cable TV, and the Must-Carry Rule: Moving towards a Cost-Benefit Analysis" (John R. Woodbury, Federal Trade…

This paper explores the rights of authors before publication of their works, if those works are to be published at all, and how these rights might yield to fair use of the works by other authors. Firstly, the paper examines the interests at stake of the three main groups involved: authors, the public, and people who wish to quote or closely…