1 st Amendment Interpretations Development of Press Freedoms

1 st Amendment Interpretation � "Congress Shall make no law respecting an establishment of

I. "Congress Shall make. . . ” � Congress � Doctrine of Incorporation �

II. "…no law. . . ” Theoretical Background / Philosophical Approaches � Control of

III. “. . . or abridging the freedom of speech, or of the press”

Future Issues? � Problem of scarcity: � Technological Convergence � Who will control in

Net Neutrality � From “Last Week Tonight with John Oliver”: � https: //www. youtube.

� For Next Week � Topic: Finish “Development of Press Freedom” (if needed); Media

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1 st Amendment Interpretations Development of Press Freedoms JOUR 3060: Communication Law & Regulation

1 st Amendment Interpretation � "Congress Shall make no law respecting an establishment of religion, or prohibiting the exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances"

I. "Congress Shall make. . . ” � Congress � Doctrine of Incorporation � 14 th Amendment � Gitlow v. New York (1925)

II. "…no law. . . ” Theoretical Background / Philosophical Approaches � Control of Media � 1. Authoritarian: � 2. Libertarian: � 3. Totalitarian: � 4. Social Responsibility: � � Does "No Law" mean absolutely no laws? � Exceptions: Chaplinski v. New Hampshire (1942): � Snyder v. Phelps (2011): �

III. “. . . or abridging the freedom of speech, or of the press” � What is “the press” ?

III. ". . . or abridging the freedom of speech, or of the press“ � Print, Film, Radio, Cable TV, Internet � 1. Newspapers / Magazines / Books: � 2. Film: � Mutual Film Corp v. Industrial Commission of Ohio (1915) � Joseph Burstyn Inc. v. Wilson (1952)

III. “. . . or abridging the freedom of speech, or of the press” � 3. Radio and Television - Why regulated by government? � Radio Act of 1912 � US v. Zenith Radio (1926) � Radio Act of 1927 � NBC v. US (1943) � Communications Act of 1934 � Section 1 � Section 303 � Telecommunications Act of 1996

III. “. . . or abridging the freedom of speech, or of the press” � 4. Cable Television � Communications � US Act of 1934 v. Southwestern Cable (1968) � Cable � Los Television Act of 1984 Angeles v. Preferred Communications (1986) � Cable Television Consumer Protection & Competition Act of 1992 � Must Carry Rule � Turner Broadcasting v. FCC (1997) � Telecommunications � U. S. Act of 1996 v. Playboy Entertainment Group (1999)

Future Issues? � Problem of scarcity: � Technological Convergence � Who will control in the “final mile? � Continuing Challenges to the FCC (marketplace)

III. “. . . or abridging the freedom of speech, or of the press” � 5. The Internet � Regulation? � Reno Zoning? v. American Civil Liberties Union (1997) � Verizon Communications Inc. vs. FCC (2014, DC Circuit court)

Net Neutrality � From “Last Week Tonight with John Oliver”: � https: //www. youtube. com/watch? v=fpb. OEo. Rr. Hy. U

� For Next Week � Topic: Finish “Development of Press Freedom” (if needed); Media Access and Regulation � Reading Assignment: Hopkins Ch 10, 11, 12 � Cases will be emailed via D 2 L, posted on blog � Check blog for any announcements, updates, legal news