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Mark Sableman - More Speech, Not Less: Communications Law in the Information Age

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    More Speech, Not Less: Communications Law in the Information Age
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On a daily basis we are confronted with more speech, not lessmore news reports, more television channels, more publications, more electronic communications. Communications laws have expanded in response to the proliferation of communications, and these laws affect everyone.Communications lawyer Mark Sableman uses recent case studies, practical examples, and plain language to describe and analyze the broad spectrum of modern communications laws and policies. In these essays, Sableman helps communications professionals as well as informed citizens understand the law.The constitutional foundation for the information age is settled: radical solutions on either side have been rejected. Neither First Amendment absolutism nor untrammeled content-based censorship will rule in America. But within the remaining middle area, many key policy choices are being made by courts and policy makers. Intricate webs of legal dos and donts, practical pitfalls, and effective safe harbors are being developed across the broad spectrum of communications law.In this guide to existing law, developing trends, and critical policy determinations, Sableman discusses privacy, Internet communications and policy, censorship, libel and slander, copyright and intellectual property, advertising, broadcasting, and journalistic confidentiality. Through actual cases and practical examples, he examines and explains both the existing rules for communications professionals and the developing policies that deserve the attention and scrutiny of informed citizens. Sableman approaches these subjects as a practicing lawyer experienced in both business and media communications.The phrase more speech, not less describes not only the growing cacophony of the information age, but also one approach to legal policyJustice Louis D. Brandeiss preference for more speech, not enforced silence in all but the most extreme situations. Drawing from his strong advocacy of free speech, Sableman hopes to stimulate informed debate among all who are concerned about the power of information and the magic of words and images.

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title More Speech Not Less Communications Law in the Information Age - photo 1

title:More Speech, Not Less : Communications Law in the Information Age
author:Sableman, Mark.
publisher:Southern Illinois University Press
isbn10 | asin:0809321351
print isbn13:9780809321353
ebook isbn13:9780585031422
language:English
subjectMass media--Law and legislation--United States, Press law--United States, Telecommunication--Law and legislation--United States.
publication date:1997
lcc:KF2750.S33 1997eb
ddc:343.7309/9
subject:Mass media--Law and legislation--United States, Press law--United States, Telecommunication--Law and legislation--United States.
More
Speech,
Not Less
Communications
Law In The
Information Age
Mark Sableman
With a Foreword by Paul Simon
Southern Illinois University Press
Carbondale and Edwardsville
Copyright 1997 by Mark Sableman
All rights reserved
Printed in the United States of America
00 99 98 97Picture 2Picture 34 3 2 1
Foreword by Paul Simon, copyright 1997 by the Board of Trustees, Southern Illinois University
Library of Congress Cataloging-in-Publication Data
Sableman, Mark, 1951
More speech, not less: communications law in the information age / Mark Sableman; with a
foreword by Paul Simon.
p. cm.
Includes bibliographical references (p.).
1. Mass mediaLaw and legislationUnited States. 2. Press lawUnited States.
3. TelecommunicationLaw and legislationUnited States. I. Title.
KF2750.S33 1997
343.7309'9dc21
ISBN 0-8093-2071-1 (cloth: alk. paper)
ISBN 0-8093-2135-1 (pbk.: alk. paper)
96-53449
CIP
Earlier versions of many of the essays in this book were previously published and appear herein withpermission of the St. Louis Journalism Review, the St. Louis Post-Dispatch, the Missouri Bar, theAmerican Civil Liberties Union of Eastern Missouri, and the Bar Association of MetropolitanSt. Louis.
This book contains commentaries on legal subjects; it is not a substitute for legal advice. Readerswho want or need legal advice should consult an attorney.
The paper used in this publication meets the minimum requirements of American NationalStandard for Information SciencesPermanence of Paper for Printed Library Materials,ANSI Z39.48-1984.
For Paul, Charlotte, and Brian,
beneficiaries and future guardians of "the Blessings of Liberty"
promised in our Constitution
Picture 4
[N]o danger flowing from speech can be deemed clear and present, unless the incidence of the evil is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehoods and fallacies, to avert the evil by the process of education, the remedy to be applied is more speech, not enforced silence.
Picture 5
JUSTICE LOUIS D. BRANDEIS
Page ix
Contents
Foreword
Paul Simon
xiii
Preface
xvii
Acknowledgments
xxi
1
First Principles
1
Picture 6
The First Amendment and Its Purposes
1
Picture 7
Freedom of Speech
3
Picture 8
Freedom of the Press
6
Picture 9
Hate Speech, Toleration, and "More Speech"
8
Picture 10
The Scholarship of Press Freedom
11
Picture 11
The British System
13
2
Censorship and Prior Restraint
17
Picture 12
Textbook Censorship
17
Picture 13
Arts Censorship
22
Picture 14
Arts Censorship and Political Correctness
25
Picture 15
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