Footnotes (182)



Backdoor Censorship: How Media Giants' Copyright Protection Policies Collide with the First Amendment

Jill Barton

University of Miami School of Law

December 2008

This thesis analyzes an alarming trend among large media companies to use copyright laws to censor news and news related websites using takedown notices, cease and desist letters and other legal threats. The paper examines the origins of takedown problem and the copyright, fair use and First Amendment concerns surrounding the issue. In addition, the paper identifies recent examples of takedowns and related censorship in an effort to explain the takedown problem and lessen its occurrence in the future. The goal of this paper is to provide concrete suggestions for dealing with the takedown problem to better protect the free speech and free press guarantees of the First Amendment. These suggestions include educating online journalists about their legal rights, fighting back against unfounded takedowns, getting added protection with insurance, publicizing wrongful takedowns, and most important, revising current copyright law.

Number of Pages in PDF File: 68

Keywords: Media, censorship, copyright, cease-and-desist, takedown, fair use, First Amendment, free speech, free press, journalism

JEL Classification: K10, K13, K20, K29, K30,K41,L82

Open PDF in Browser Download This Paper

Date posted: June 23, 2009  

Suggested Citation

Barton, Jill, Backdoor Censorship: How Media Giants' Copyright Protection Policies Collide with the First Amendment (December 2008). Available at SSRN: http://ssrn.com/abstract=1424502 or http://dx.doi.org/10.2139/ssrn.1424502

Contact Information

Jill Barton (Contact Author)
University of Miami School of Law ( email )
P.O. Box 248087
Coral Gables, FL 33146
United States
Feedback to SSRN

Paper statistics
Abstract Views: 1,129
Downloads: 110
Download Rank: 170,231
Footnotes:  182
Paper comments
No comments have been made on this paper

© 2015 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.546 seconds