Free Speech Yearbook最新文献

{"title":"Credo, Credo on the Wall or Credos and Other Good Words Intended to Guide those Who Believe","authors":"G. Gumpert","doi":"10.1080/08997225.2004.10556300","DOIUrl":"https://doi.org/10.1080/08997225.2004.10556300","url":null,"abstract":"This article is written with multiple perspectives: What kind of statement is made by a national communication association with the adoption of a credo? Additionally, what does a credo mean to the membership? The Carroll C. Arnold 2003 lecture delivered by Kenneth E. Andersen at the 2003 National Communication Association convention in Miami Beach was titled: ‘‘Recovering the Civic Culture: The Imperative of Ethical Communication.’’ The lecture particularly focused on the NCA Credo for Ethical Communication (adopted in 1999). At that convention that credo and a previously extant ‘‘Credo for Free and Responsible Communication in a Democratic Society’’ were distributed to the attendees and included in the printed lecture later sent to all law-abiding and ethically oriented NCA members. There seemed to be a heightened sense of importance that the delegates revisit and revitalize themselves regarding the matter of ethics. This nation is in a period of crises regarding the right to communicate and we think it imperative that we guard against both the legal and ethical violations of communication. The Patriot Act, the process of media consolidation, the exponential growth of the Internet and the escalation of global communication, emphasize the responsibility of communication scholars to guard against the violation of the communication process by forces outside the scholarly domain and perhaps to protect or define those within. Yet that renaissance of NCA Credos triggered a number of questions. Why was there suddenly a need for a new one? Was this a statement by the NCA leadership to scholars at large or was it intended as a means of ‘‘keeping one’s house in order?’’ Why ‘‘credo?’’ What is a ‘‘credo?’’ ‘‘Credo’’ comes from ‘‘Creed’’—‘‘An authoritative formulated statement of the chief articles of Christian belief as the Apostles Creed, the Nicene Creed or the Athanasian Creed.’’ (The Random House Dictionary of the English Language YR). It is a system of principles or beliefs framed from a fairly broad, sometimes religious, perspective proclaimed as a guiding set of principles for the constituents of the faith. In that light what do and how do the NCA Credos mean? What is the difference between a ‘‘credo’’ and the adoption of a ‘‘policy platform?’’ In 1995 the NCA Legislative Council approved a policy on political communication.","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125227803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NCA Credo for Ethical Communication","authors":"","doi":"10.1080/08997225.2004.10556296","DOIUrl":"https://doi.org/10.1080/08997225.2004.10556296","url":null,"abstract":"","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131122682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reading John Locke in Cyberspace: Natural Rights and “The Commons” in a Digital Age","authors":"Donald Fishman","doi":"10.1080/08997225.2004.10556303","DOIUrl":"https://doi.org/10.1080/08997225.2004.10556303","url":null,"abstract":"The metaphors to describe the communication revolution have a conspicuously spatial dimension to them. The ‘‘Information Superhighway’’ is the most prominent of these metaphors. It conjures up miles and miles of smooth pavement or roadway, creating a multi-faceted electronic highway that allows an individual to obtain unlimited information. But terms such as ‘‘Celestial Jukebox,’’ ‘‘Electronic Bulletin Board,’’ ‘‘Electronic Soap Box,’’ ‘‘Electronic Frontier,’’ and a globally-connected ‘‘Virtual Shopping Mall’’ continue the tradition of viewing uncharted and evolving developments on the Internet through the prism of conventional spatial metaphors. Similarly, the regulation of cyberspace is perceived spatially as ‘‘enclosing’’ or imposing barriers upon ‘‘the modern equivalent of the Western Frontier’’ (Hunter 2003 442). Many of the articles and books analyzing the development of the Internet embrace one or more spatial metaphors. These terms are employed to describe the indescribable, i.e., that which we do not know but want some reassuring vision to guide us in forging ahead comfortably. Drucker and Gumpert (1995) contend that ‘‘The adoption of spatial terminology may appear a ready and useful mechanism for making the revolutionary changes of the information age less strange, intimidating, and boundless’’ (p. 50). Johnson and Marks (1993) argue that while cyberspace is ‘‘unstable’’ and ‘‘changeable,’’ it exists as an unexplored ‘‘territory’’ that researchers currently are attempting ‘‘to map’’ in order ‘‘to determine the rights and duties of participants’’ in a variety of evolving electronic communities (488). For Kerr (2003), the process of ‘‘mapping’’ includes judiciously selecting the correct metaphors and nomenclature in order to serve the goals of fairness and justice. Metaphor has long been at the center of conceptions of intellectual property. John Locke’s early interpretation of ‘‘the commons’’ provides an enduring justification for a natural rights philosophy in the sphere of intellectual property. However, during the past forty years, the natural rights approach to intellectual property has been overshadowed by an economic interpretation. Economics provides a useful mode of reasoning necessary to make trade-offs between providing incentives to authors and inventors and allowing the public reasonable access to artistic, creative, or utilitarian works. Recently, however, there has been a recognition that the economic interpretation of intellectual property is incomplete, leaving room for a revitalized natural rights philosophy (Wolf 1995; Moore 1997). In fact, still operating under the influence of the old economics paradigm, I envision a rehabilitated natural rights approach serving as a ‘‘complementary good,’’ i.e., like tea and sugar, or pizza and soda, most people will want to use both in examining intellectual property in a digital age. This article follows an emerging pattern of applying tradition-bound concepts to cyberspace (Boyle ","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130087446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Strange Career of Credo Talk in NCA","authors":"Donald Fishman","doi":"10.1080/08997225.2004.10556301","DOIUrl":"https://doi.org/10.1080/08997225.2004.10556301","url":null,"abstract":"The word ‘‘credo’’ refers to a fundamental set of beliefs. It implies a commitment to a basic set of values from which all other beliefs and actions arise. Credos were popular in America during the nineteenth century, but they have declined in popularity, usage, and influence during the second half of the twentieth century. Using David Reisman’s (2001) line of inquiry, there is an ‘‘inner-directed quality’’ to a credo, whether that credo is adopted by an individual or company. In the post-modern world where truth is often regarded as contingent and contextual, there is something atavistic about the reliance upon a credo. At the same time, to have a credo means that an individual or organization retains an active ownership over a set of bedrock and authoritative beliefs. Thus, while ‘‘credo talk’’ may be atavistic, one also can admire, even envy, the owner of such a credo. Like the inner-directed individual, a credo owner has an identity, stands for something positive, and the very existence of such a credo dispels doubt and uncertainty about an individual’s or organization’s commitments. But the National Communication Association now possesses three credos. Credo Number One is the venerable 1960s statement dealing with ‘‘Free and Responsible Communication in a Democratic Society.’’ Credo Number Two was approved in 1994, and its subject matter is the ‘‘Free and Responsible Use of Electronic Communication Networks.’’ This credo was written to acknowledge the growing influence of electronic communication, especially the advent of the Internet. Credo Number Three, the ‘‘Credo for Ethical Communication,’’ was drafted and approved by the Legislative Council in 1999. During the 2003 Carroll Arnold lecture on civic culture, Kenneth E. Andersen (2003) called attention to Credo Number One and Number Three. He referred to them as ‘‘bookends’’ serving to meld together a democratic process for decision-making (p. 19). In the aftermath of Andersen’s lecture, Susan J. Drucker and Gary Gumpert began to inquire about the proliferation of credos within NCA. In October of 2004, a convention program on credos was organized at the New York State Communication Association (NYSCA) convention. In April of 2005, another program on credos was held at the Eastern Communication Association (ECA) convention in Pittsburgh. Former NCA president Isa Engleberg, former ECA president Sandra Herndon, and current NCA Executive Director Roger Smitter participated on the ECA program. As one of the participants on both the NYSCA and ECA panels, I would like to weigh in on the surge of ‘‘credo talk.’’ I want to concentrate on two points. First, what explains the proliferation of credos within NCA? Second, what are the contours of activism within a professional association?","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129628937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"I Got You Babe: The Dysfunctional Relationship Among the Copyright Clause, the First Amendment, and the Internet as an Engine of Innovation in the Aftermath of Eldred v. Ashcroft","authors":"Christina M. Bates","doi":"10.1080/08997225.2004.10556305","DOIUrl":"https://doi.org/10.1080/08997225.2004.10556305","url":null,"abstract":"In the spring of 1995, Eric Eldred, a technical analyst for a computer magazine, began thinking about a way to inspire his triplet teenage daughters to read more (Fonda 1999). The three sophomores at Pinkerton Academy in Derry, New Hampshire were complaining about reading Nathaniel Hawthorne’s The Scarlet Letter (Fonda). Eldred began to brainstorm about how to spark his daughters’ interest in Hawthorne’s classic. Eldred turned to the Internet for possible resources, and having found only inferior electronic versions of Hawthorne’s classic work, he decided to create his own on-line edition that he then supplemented with a glossary, timeline, illustrations, and a biography of Hawthorne (Fonda). Eldred then began to envision his own global e-library that would make unusual and out-ofprint books available to the public (Fonda) He dismissed the issue of copyright permission, as he would only publish those books with an expired copyright that were a part of the public domain (Fonda). Eldred’s website hit count rapidly grew to 20,000 people and, in 1997, the National Endowment for the Humanities recognized his Eldritch Press as one of the 20 best humanities sites on the Web (Fonda). Furthermore, the Nathaniel Hawthorne Society and the William Dean Howells Society endorsed Internet links to Eldred’s web site (Fonda). However, Eldred’s Eldritch Press would prove to be short-lived. On October 27, 1998, President Clinton signed into law the Copyright Term Extension Act (also commonly referred to as the ‘‘Sonny Bono Copyright Term Extension Act’’)(hereinafter the ‘‘CTEA’’) (17 U.S.C. § 302 (a)). While the CTEA significantly extended the copyright terms of cultural icons such as Mickey Mouse and books such as The Great Gatsby, it also affected non-commercial interests (17 U.S.C. § 302 (a)). Following the enactment of the CTEA, several of Eldred’s favorite works fell out of the public domain and were no longer available for publication on the Eldritch Press. In protest of the CTEA, Eldred shut down his web site for a few days and began publicizing his cause. Harvard Law School professor Lawrence Lessig read about Eldred’s situation in a news article and inquired as to whether Eldred wanted to challenge the constitutionality of the CTEA. Eldred agreed and a series of lawsuits ensued culminating with the United States Supreme Court decision, Eldred v. Ashcroft, decided on January 15, 2003 (Eldred et al v. Ashcroft 2003). In Eldred v. Ashcroft the United States Supreme Court decided that the CTEA did not violate either the First Amendment or the Copyright Clause of the United States Constitution (Eldred et al v. Ashcroft). While those in Hollywood breathed a sigh of relief following the decision, those in favor of free speech, innovation and creativity were dealt a resounding blow as they witnessed the whittling away of the First Amendment and the Copyright Clause.","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"216 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122386634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Galileo and the Aristotelian Cardinals: A Study of Suppression","authors":"C. Smith","doi":"10.1080/08997225.2004.10556308","DOIUrl":"https://doi.org/10.1080/08997225.2004.10556308","url":null,"abstract":"In Rome on a very hot August 13th, 1600, Giordano Bruno, a Dominican Friar, was burned at the stake for endorsing Nicholas Copernicus’ heliocentric theory and claiming that Christ was not divine. The smoke from the immolation spread a pall over the scientific community. Prior to Bruno’s martyrdom, the philosopher Patrizi had been forced to recant his Platonism. The works of Dante, Telesio, Charron, and Campenella were put on the Catholic Church’s Index of forbidden books. The deluge of attacks on heresy was a reaction to the Protestant reformation; it would swamp Galileo Galilei, and demonstrate how the pope could retard scientific discovery. This study will proceed in several stages. First, it will provide the historic context to Galileo’s trial by following the incorporation of Aristotelian thought into Catholic orthodoxy. Second, it will examine the relationship between church censorship and science by examining the argumentation of Galileo’s famous Dialogue on the Two Chief Systems, for which he was brought to trial. Third, it will re-evaluate Galileo’s sentencing in light of the contextual and argumentative reading of his work. By the time of Galileo’s birth the papacy had re-established its hold over the church, having weathered Martin Luther’s revolt. Cardinal Caraffa, who became Paul IV, put a counterreformation in place. He created the ‘‘Holy Office’’ which took up investigations of church matters in all of the known Catholic world. Caraffa’s attack on immorality is credited with reestablishing moral leadership among Catholics, though by this time England had fallen away due to the defection of Henry VIII. As the war between Catholics and Protestants raged, the popes became more concerned than ever about heresy. The devout Bernardino Ochino, who founded the Capuchin order, refused a call to Rome, fearing for his life, and retreated to Protestant Geneva for safe haven. Followers of Erasmus were silenced and his books put on the Index. After some turmoil (see below), the Dominicans and Franciscans had adopted Aristotle, particularly his method of argumentation, as their guide, after aligning some of his claims with scripture. The incorporation of Aristotle would be important to the story of Galileo since the Franciscans, the Dominicans, and the Jesuits were for the most part devout Aristotelians. Their initial love for Aristotle’s Organon carried over to his work in the sciences, some of which was badly flawed. Since Galileo’s findings would undercut some of Aristotle’s scientific claims, he would come into the sites of the Aristotelians in the Catholic Church.","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131493253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Plan for Reregulating “Broadcasting” & Spectrum-Based Public Communication","authors":"Harvey C. Jassem","doi":"10.1080/08997225.2002.10556282","DOIUrl":"https://doi.org/10.1080/08997225.2002.10556282","url":null,"abstract":"While many, including this author, have commented on the maddening pace of development in the electronic media since radio was commercially introduced some seventy-five years ago, the truth is that its development has been fairly controlled and the American broadcast industry, for all of the consolidations and expansions, has operated in a stable and predictable legal and economic environment. Most US broadcast stations, regardless of where they are located or who owns them, tend to be in the business of attracting audiences to their local stations and selling those audiences to advertisers. It was that way seventy-five years ago, and it remains that way today. Much of the predictability of the system is the result of broadcaster-requested and government-granted exclusivity in the use of broadcast channels. That predictability faces a tremendous challenge. The premises underlying the existent regulatory structure are about to collapse. With that collapse come opportunities for paradigmshifting changes. This then is the moment to make the case for new and justifiable mechanisms that will shape media development and control. The case must not rely on the premises or options of the past; the debate must not be shaped only by those powerful stake-holders who would have us define successful policy by their ability to remain dominant, rather it must seek to take advantage of the opportunities before us to build a communication system that is democratic and expansive. This article outlines the premises underlying the present media regulatory system, points to the many indications of the demise of the most major of those premises, discusses the basic goals that are important to achieve in the new millennium, and suggests a new role for government and a new regulatory organizing scheme, in an effort to achieve those goals. The result may be a commons of “broadcast” rights and opportunities which fosters more robust communication.","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114806432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Index to the Free Speech Yearbook, Volumes 1 (1962) to 40 (2003)","authors":"Dale A. Herbeck","doi":"10.1080/08997225.2002.10556288","DOIUrl":"https://doi.org/10.1080/08997225.2002.10556288","url":null,"abstract":"","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124431803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"2002–2003 Editorial Board","authors":"","doi":"10.1080/08997225.2002.10556278","DOIUrl":"https://doi.org/10.1080/08997225.2002.10556278","url":null,"abstract":"","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129889330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"It Doesn't Matter If You Said That Or Not, Receivers Still Have Rights: Unraveling the Constitutional Tangle of Wasson","authors":"M. Bezanson","doi":"10.1080/08997225.2002.10556280","DOIUrl":"https://doi.org/10.1080/08997225.2002.10556280","url":null,"abstract":"(2002). It Doesn't Matter If You Said That Or Not, Receivers Still Have Rights: Unraveling the Constitutional Tangle of Wasson. Free Speech Yearbook: Vol. 40, No. 1, pp. 1-12.","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"44 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124175701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}