Newsworthy

The Supreme Court Battle over Privacy and Press Freedom

Author: Samantha Barbas

Publisher: Stanford University Press

ISBN: 1503600831

Category: Law

Page: 352

View: 959

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.
Release

Newsworthy

The Supreme Court Battle Over Privacy and Press Freedom

Author: Samantha Barbas

Publisher: Stanford University Press

ISBN: 0804797102

Category: Law

Page: 348

View: 3650

Newsworthy is a riveting expose of the legal machinations of big media companies like Time, Inc., and how they came, in a sense, to "capture" the courts on the issue of privacy through Time, Inc. v. Hill (1967), in which the Supreme Court for the first time addressed the conflict between privacy and freedom of the press.
Release

The Face That Launched a Thousand Lawsuits

The American Women Who Forged a Right to Privacy

Author: Jessica Lake

Publisher: Yale University Press

ISBN: 0300214227

Category:

Page: 320

View: 6760

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women--whose images were being taken and circulated without their consent--to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.
Release

The Rhetorical Invention of Diversity

Supreme Court Opinions, Public Arguments, and Affirmative Action

Author: M. Kelly Carr

Publisher: MSU Press

ISBN: 1628953314

Category: Language Arts & Disciplines

Page: 294

View: 7783

Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action’s best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell’s pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues’ differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity.
Release

Laws of Image

Privacy and Publicity in America

Author: Samantha Barbas

Publisher: Stanford University Press

ISBN: 0804796718

Category: Law

Page: 328

View: 6669

Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images—to manage and spin them like actors, politicians, and rock stars.
Release

Confidential Confidential

The Inside Story of Hollywood's Notorious Scandal Magazine

Author: Samantha Barbas

Publisher: Chicago Review Press

ISBN: 0912777567

Category: Performing Arts

Page: 368

View: 3994

In the 1950s, Confidential magazine, America's first celebrity scandal magazine, revealed Hollywood stars' secrets, misdeeds, and transgressions in gritty, unvarnished detail. Deploying a vast network of tipsters to root out scandalous facts about the stars, including their sexual affairs, drug use, and sexuality, publisher Robert Harrison destroyed celebrities' carefully constructed images and built a media empire. Confidential became the bestselling magazine on American newsstands, surpassing Time, Life, and the Saturday Evening Post. Confidential's spectacular rise was followed by an equally spectacular fall. Stars filed multimillion dollar libel suits against the magazine, and the state of California, prodded by the film studios, prosecuted its publisher for obscenity, culminating in a famous, star-studded Los Angeles trial in 1957. The lawsuits forced Confidential to end its scandalmongering, and it stopped printing its sleazy gossip in 1958. However, the magazine's legacy lives on in our culture's obsession with gossip and celebrity scandal. Confidential's success marked the end of an era of hush-hush—of secrets, closets, and sexual taboos—and the beginning of our age of tell-all exposure.
Release

Law and Legitimacy in the Supreme Court

Author: Richard H. Fallon

Publisher: Harvard University Press

ISBN: 0674975812

Category: Constitutional law

Page: 240

View: 9045

"The book addresses questions about the roles of law and politics and the challenge of legitimacy in constitutional adjudication in the Supreme Court. With all sophisticated observers recognizing that the Justices' political outlooks influence their decision making, many political scientists, some of the public, and a few prominent judges have become Cynical Realists. In their view Justices vote based on their policy preferences, and legal reasoning is mere window-dressing. This book rejects Cynical Realism, but without denying many Realist insights. It explains the limits of language and history in resolving contentious constitutional issues. To rescue the notion that the Constitution is law that binds the Justices, the book provides an original account of what law is and means in the Supreme Court. It also offers a theory of legitimacy in Supreme Court adjudication. Given the nature of law in the Supreme Court, we need to accept and learn to respect reasonable disagreement about many constitutional issues. If so, the legitimacy question becomes: how would the Justices need to decide cases so that even those who disagree with the outcomes ought to respect the Justices' processes of decision? The book gives a fresh and counterintuitive answer to that vital question. Adapting a methodology made famous by John Rawls, it argues that the Justices should strive to achieve a "reflective equilibrium" between their interpretive principles, framed to identify the Constitution's enduring meaning, and their judgments about appropriate outcomes in particular cases, evaluated as prescriptions for the nation to live by in the future. The book blends the perspectives of law, philosophy, and political science to answer theoretical and practical questions of pressing national importance"--
Release

Privacy and the Past

Research, Law, Archives, Ethics

Author: Susan C. Lawrence

Publisher: Rutgers University Press

ISBN: 0813574374

Category: Medical

Page: 188

View: 8547

When the new HIPAA privacy rules regarding the release of health information took effect, medical historians suddenly faced a raft of new ethical and legal challenges—even in cases where their subjects had died years, or even a century, earlier. In Privacy and the Past, medical historian Susan C. Lawrence explores the impact of these new privacy rules, offering insight into what historians should do when they research, write about, and name real people in their work. Lawrence offers a wide-ranging and informative discussion of the many issues involved. She highlights the key points in research ethics that can affect historians, including their ethical obligations to their research subjects, both living and dead, and she reviews the range of federal laws that protect various kinds of information. The book discusses how the courts have dealt with privacy in contexts relevant to historians, including a case in which a historian was actually sued for a privacy violation. Lawrence also questions who gets to decide what is revealed and what is kept hidden in decades-old records, and she examines the privacy issues that archivists consider when acquiring records and allowing researchers to use them. She looks at how demands to maintain individual privacy both protect and erase the identities of people whose stories make up the historical record, discussing decisions that historians have made to conceal identities that they believed needed to be protected. Finally, she encourages historians to vigorously resist any expansion of regulatory language that extends privacy protections to the dead. Engagingly written and powerfully argued, Privacy and the Past is an important first step in preventing privacy regulations from affecting the historical record and the ways that historians write history.
Release

Gene Editing, Law, and the Environment

Life Beyond the Human

Author: Irus Braverman

Publisher: Routledge

ISBN: 1351685880

Category: Law

Page: 216

View: 9750

Technologies like CRISPR and gene drives are ushering in a new era of genetic engineering, wherein the technical means to modify DNA are cheaper, faster, more accurate, more widely accessible, and with more far-reaching effects than ever before. These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but also the genetics of entire species and thus the composition of ecosystems is currently both inadequately regulated and undertheorized. In Gene Editing, Law, and the Environment, distinguished scholars from law, the life sciences, philosophy, environmental studies, science and technology studies, animal health, and religious studies examine what is at stake with these new biotechnologies for life and law, both human and beyond.
Release

The First Amendment Bubble

How Privacy and Paparazzi Threaten a Free Press

Author: Amy Gajda

Publisher: Harvard University Press

ISBN: 0674368320

Category: Law

Page: 302

View: 8660

For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.
Release

The Offensive Internet

Author: Martha Craven Nussbaum

Publisher: Harvard University Press

ISBN: 0674058763

Category: Law

Page: 312

View: 9620

The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct. At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options. In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.
Release

The Right of Publicity

Privacy Reimagined for a Public World

Author: Jennifer E. Rothman

Publisher: Harvard University Press

ISBN: 0674986350

Category: Law

Page: 236

View: 8715

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Release

The Desperate Hours

A Novel

Author: Joseph Hayes

Publisher: Permabooks

ISBN: N.A

Category: American literature

Page: 302

View: 2388

The experiences of the Hilliards, a family threatened by threeescaped convicts who take over their home and hold the family as hostages.
Release

Human Trafficking

Emerging Legal Issues and Applications

Author: Peter W. Blair (Jr)

Publisher: Lawyers & Judges Publishing

ISBN: 9781936360222

Category: Human trafficking

Page: 298

View: 5240

"This book proposes unique solutions to human trafficking in the United States, Australia, and Europe that can be applied elsewhere in the world. It explores the intersection of human trafficking with other phenomena such as cults, drug trafficking, human rights, and gender issues. Importantly, this book unveils the cutting-edge Social Influence Model for admitting evidence of undue influence and coercion into court when trafficking victims find themselves on the wrong side of a prosecution."--Back cover.
Release

Movie Crazy

Stars, Fans, and the Cult of Celebrity

Author: S. Barbas

Publisher: Springer

ISBN: 1137103191

Category: History

Page: 218

View: 4530

While the impact that legendary actors and actresses have had on the development of the Hollywood film industry is well known, few have recognised the power of movie fans on shaping the industry. This books redresses that balance, and is the first study of Hollywood's golden era to examine the period from the viewpoint of the fans. Using fan club journals, fan letters, studio production records, and other previously unpublished archival sources, Samantha Barbas reveals how the passion, enthusiasm, and ongoing activism of film fans in Hollywood's golden era transformed early cinema, the modern mass media and American popular culture.
Release

American Justice 2017

The Supreme Court in Crisis

Author: Kimberly Robinson

Publisher: University of Pennsylvania Press

ISBN: 0812294750

Category: Law

Page: 176

View: 524

With the death of associate justice Antonin Scalia, the Supreme Court was plunged into crisis. Refusing to hold hearings or confirm the nominee of a Democratic president almost a year away from a presidential election, the Republican-controlled Senate held the court hostage, forcing it to do its work through nearly the entire term ending in June 2017 with just eight justices. In American Justice 2017: The Supreme Court in Crisis, Kimberly Robinson examines the way individual justices and the institution as a whole reacted to this unprecedented, politically fraught situation. In public, the justices put on brave faces, waiting for the confirmation battle to play itself out, while indicating in occasional statements that the court would muddle through just fine. In private, though, things appear to have been more complicated. Narrow decisions, lackluster choice of cases, and odd bedfellows teaming up on the same sides of opinions and dissents give us a hint of the strenuous effort the eight justices made to uphold the integrity of the institution in the face of hurricane-force partisan gales.
Release

The First Lady of Hollywood

A Biography of Louella Parsons

Author: Samantha Barbas

Publisher: Univ of California Press

ISBN: 0520249852

Category: Biography & Autobiography

Page: 426

View: 9128

A biography of Louella Parsons, America's premiere movie gossip columnist from 1915 to 1960, chronicles her reign over Hollywood during the studio era, her lifelong alliance with William Randolph Hearst, and her complex and turbulent relationships.
Release

The Soul of the First Amendment

Why Freedom of Speech Matters

Author: Floyd Abrams

Publisher: Yale University Press

ISBN: 0300190883

Category: Law

Page: 176

View: 8340

A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Release

The Known Citizen

A History of Privacy in Modern America

Author: Sarah E. Igo

Publisher: Harvard University Press

ISBN: 0674985192

Category: History

Page: 540

View: 9529

Every day Americans make decisions about their privacy: what to share, how much to expose to whom. Securing the boundary between private affairs and public identity has become a central task of citizenship. Sarah Igo pursues this elusive social value across the twentieth century, as individuals asked how they should be known by their own society.
Release