The First Amendment Bubble

In determining the news that’s fit to print, U.S. courts have traditionally declined to second-guess professional journalists. But in an age when news, entertainment, and new media outlets are constantly pushing the envelope of acceptable content, the consensus over press freedoms is eroding. The First Amendment Bubble examines how unbridled media are endangering the constitutional privileges journalists gained in the past century. For decades, judges have generally affirmed that individual privacy takes a back seat to the public’s right to know. But the growth of the Internet and the resulting market pressures on traditional journalism have made it ever harder to distinguish public from private, news from titillation, journalists from provocateurs. Is a television program that outs criminals or a website that posts salacious videos entitled to First Amendment protections based on newsworthiness? U.S. courts are increasingly inclined to answer no, demonstrating new resolve in protecting individuals from invasive media scrutiny and enforcing their own sense of the proper boundaries of news. This judicial backlash now extends beyond ethically dubious purveyors of infotainment, to mainstream journalists, who are seeing their ability to investigate crime and corruption curtailed. Yet many—heedless of judicial demands for accountability—continue to push for ever broader constitutional privileges. In so doing, Amy Gajda warns, they may be creating a First Amendment bubble that will rupture in the courts, with disastrous consequences for conventional news.

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.

Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and de-naturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy, political and other forms of polarization are on the rise, and protesters face diminished space and opportunities for exercising free speech rights. The First Amendment in the Trump Era catalogs and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context-as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and press. We must understand what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.

A clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology, information privacy, algorithmic decisions, AI, data security, and European data protection law. New to the 8th Edition: Tighter editing and shorter chapters New sections about AI and algorithms in law enforcement (Chapter 4), consumer privacy (Chapter 9), and employment privacy (Chapter 12) New cases: MD Anderson, Loomis v. Wisconsin, Clearview AI Discussion of post-Carpenter cases Discussion of new FTC enforcement cases involving dark patterns and algorithm deletion Discussion of protections of reproductive health data after Dobbs Benefits for instructors and students: Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, and standing in privacy lawsuits, among other topics Chapters devoted exclusively to data security, national security, employment privacy, and education privacy Sections on government surveillance and freedom to explore ideas Engaging approach to complicated laws and regulations such as HIPAA, FCRA, ECPA, GDPR, and CCPA

A clear, comprehensive, and cutting-edge introduction to the field of information privacy law focusing on the regulation of the media. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy and information gathering, disclosure of truthful information, dissemination of false information, appropriation of names or likenesses, and privacy protections for anonymity and receipt of ideas. New to the 5th Edition: Tighter editing and shorter chapters Up to the date coverage of media cases impacting on the right of publicity Expanded discussion of online harassment

Leading experts from common law jurisdictions examine defamation and privacy, two major and interrelated issues for law and media.