Fall Semester 2003 Information Society
The Information Society
Professor Jack M. Balkin
Yale Law School
Syllabus
Note: During the first several weeks we will be reading C. Edwin Baker, Media, Markets, and Democracy (2002), a copy of which you should purchase for the course. All other materials will be available on the Internet.
1. Democratic Culture
2. Media Regulation– Audiences and Markets
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Baker, Media, Markets, and Democracy, pp. 1-121, 285-307
3. Media Regulation– Democracy, Journalism and International Trade
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Baker, Media, Markets and Democracy, pp. 125-284
4. Media Concentration
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FCC Report and Order on Media Concentration, July 2d and July 14th, 2003 (Read report and order, and individual statements of the commissioners, Powell, Abernathy, Copps, Martin and Adelstein)
- Yochai Benkler, Siren Songs and Amish Children: Autonomy, Information, and Law
- Baker, Media Concentration: Giving Up On Democracy
5. The Future of Intellectual Property
(special session with Terry Fisher and John Palfrey)
6. Commercial Speech
- Nike, Inc., v. Kasky
- Post, The Constitutional Status of Commercial Speech
- Mainstream Marketing Services v. FTC (The “Do Not Call List” Case)
- City of Cincinnati v. Discovery Network
- Ayres, Dialing for Dollars
7. Copyright and Freedom of Speech
Cases
- Eldred v. Ashcroft
- Ty, Inc. v. Publications International
- Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc.
- Worldwide Church of God v. Philadelphia Church of God, Inc.
8. Copyright and Freedom of Speech
Commentary
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Rubenfeld, The Freedom of Imagination: Copyright’s Constitutionality
- Benkler, Free As The Air To Common Use: First Amendment Constraints On Enclosure of The Public Domain
- Tushnet, Copyright As A Model For Free Speech Law [From B.C. L. Rev. Website]
- Netanel, Locating Copyright Within The First Amendment Skein
- Baker, First Amendment Limits On Copyright
9. Trademark, Rights of Publicity, and the First Amendment
- Rogers v. Grimaldi
- Mattel v. MCA Records
- Comedy III Productions v. Gary Saderup, 25 Cal. 4th 387 (2001)
- Winter v. D.C. Comics
- Parks v. LaFace Records
- ETW Corp, v. Jireh Pub., Inc.
- Tushnet, Even More Parodic Than the Real Thing
- Lemley, The Modern Lanham Act and the Death of Common Sense
10. Digital Control of Information
- Elkin-Koren, It’s All About Control
- Benkler, From Consumers to Users: Shfiting the Deeper Structures of Regulation Towards Sustainable Commons and User Access
- Universal Studios v. Corley
- Chamberlain Group v. Skylink Technologies
- Cohen and Burk, Fair Use Infrastructure For Rights Management Systems
11. Digital Control of Information
- Samuelson, Resolving Conflicts Between Trade Secrets and the First Amendment
- CDT Primer on the Broadcast Flag
- EFF Primer on the Broadcast Flag
- FCC Decision on the Broadcast Flag
- Pollack, The Right To Know
12. Privacy and Autonomy
- Zarsky, Mine Your Own Business (selections)
- Froomkin, Cyberspace and Privacy: A New Legal Paradigm?
- Kang, Information Privacy in Cyberspace Transactions (selections)
- Lessig, Code And Other Laws of Cyberspace (selections)
- David Brin, The Transparent Society (selections)
- Daniel Solove and Marc Rotenberg, Materials on The USA Patriot Act, from Information Privacy Law
- Markel Report on Privacy (read pp. 127-32, 161-73 Sean Fogarty & Daniel R. Ortiz, Limitations Upon Interagency Information Sharing: The Privacy Act of 1974; Stewart A. Baker, The Regulation of Disclosure Of Information Held by Private Parties)
13. Privacy and the First Amendment
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Vokokh, Freedom of Speech and Information Privacy [pdf version] [html version]
- Schwartz, Free Speech versus Information Privacy
- Baker, Autonomy and Informational Privacy
- Bartnicki v. Vopper