Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Monday, March 22, 2010

New Scholarly Books

From the Chronicle of Higher Education's New Books of Interest List:

Joshua D. Atkinson, Alternative Media and Politics of Resistance: A Communication Perspective (Peter Lang Publishing), $99.95; $32.95 paper. 

Robin D. Barnes, Outrageous Invasions: Celebrities' Private Lives, Media and the Law (Oxford University Press), $55 hardcover.

Kimberly Meltzer, TV News Anchors and Journalistic Tradition: How Journalists Adapt to Technology (Peter Lang Publishing), $32.95.

Dinusha K. Mendis, Universities and Copyright Collecting Societies, (TMC Asser Press, available via Cambridge U. Press), $85 hardcover.


March 22, 2010 | Permalink | TrackBack (0)

Re-Examining Identity Based Uses of Copyrighted Works

Jennifer E. Rothman, Loyola Law School, Los Angeles, has published "Liberating Copyright: Thinking Beyond Free Speech," in volume 95 of Cornell Law Review (2010). Here is the abstract.

Scholars have often turned to the First Amendment to limit the scope of ever-expanding copyright law. This approach has mostly failed to convince courts that independent review is merited and has offered little to individuals engaged in personal rather than political or cultural expression. In this Article, I consider the value of an alternative paradigm using the lens of substantive due process and liberty to evaluate users’ rights. A liberty-based approach uses this other developed body of constitutional law to demarcate justifiable personal, identity-based uses of copyrighted works. Uses that are essential for mental integrity, intimacy promotion, communication, or religious practice implicate fundamental rights. In such circumstances the application of copyright law deserves heightened scrutiny. The proposed liberty-based approach shores up arguments that some personal uses should be lawful and suggests that such uses should not be limited to those that are private and not for profit.

Download the article from SSRN at the link.

March 22, 2010 | Permalink | TrackBack (0)

Assessing the Limits of Government Speech

Randall P. Bezanson, University of Iowa College of Law, has published "The Manner of Government Speech," in Denver University Law Review (Spring 2010). Here is the abstract.

The government speech doctrine has evolved into a government speech forum doctrine in which the government has the power to exclude unwanted speech in the time, place, and space reserved for its forum. The article explores the possible limits than should be placed on the form of government expressive acts that take place in the government’s exclusive forum. The article is drawn from a speech presented originally at a symposium on government speech sponsored by the Byron R. White Center for the Study of American Constitutional Law at the University of Colorado.

Download the article from SSRN at the link.




March 22, 2010 | Permalink | TrackBack (0)