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The Aims of Public Scholarship in Media Law and Ethics JOURNAL OF MEDIA LAW & ETHICS Editor ERIC B. EASTON, PROFESSOR OF LAW University of Baltimore School of Law ______________________________ Editorial Assistant JAMIE ROSE ______________________________ EDITORIAL BOARD MEMBERS BENJAMIN BENNETT-CARPENTER, Special Lecturer, Oakland University (Michigan) WALTER M. BRASCH, Professor of Mass Comm., Bloomsburg University of Pennsylvania L. SUSAN CARTER, Professor, Michigan State University LOUIS A. DAY, Alumni Professor, Louisiana State University ANTHONY FARGO, Associate Professor, Indiana University AMY GAJDA, Assistant Professor, University of Illinois STEVEN MICHAEL HALLOCK, Assistant Professor, Point Park University MARTIN E. HALSTUK, Associate Professor, Pennsylvania State University CHRISTOPHER HANSON, Associate Professor, University of Maryland ELLIOT KING, Professor, Loyola College in Maryland JANE KIRTLEY, Silha Professor of Media Ethics& Law, University of Minnesota NORMAN P. LEWIS, Assistant Professor, University of Florida PAUL S. LIEBER, Assistant Professor, University of South Carolina KAREN M. MARKIN, Director of Research Development, University of Rhode Island KIRSTEN MOGENSEN, Associate Professor, Roskilde University (Denmark) KATHLEEN K. OLSON, Associate Professor, Lehigh University RICHARD J. PELTZ, Professor of Law, University of Arkansas-Little Rock School of Law KEVIN WALL SAUNDERS, Professor of Law, Michigan State University College of Law JAMES LYNN STEWART, Associate Professor, Nicholls State University DOREEN WEISENHAUS, Associate Professor, University of Hong Kong KYU HO YOUM, Jonathan Marshall First Amendment Chair Professor, Univ. of Oregon JOURNAL OF MEDIA LAW & ETHICS Volume 1, Numbers 1/2 Winter/Spring 2009 Articles 5 ERIK UGLAND The Aims of Public Scholarship in Media Law and Ethics 27 JEFFREY LAYNE BLEVINS AND SARAH C. BARROW The Political Economy of Free Speech and Network Neutrality: A Critical Analysis 49 DAXTON R. “CHIP” STEWART Managing Conflict over Access: A Typology of Sunshine Law Dispute Resolution Systems 83 MINJEONG KIM AND LENAE VINSON Friends of the First Amendment? Amicus Curiae Briefs in Free Speech/Press Cases During the Warren and Burger Courts 107 LYOMBE EKO Suffer the Virtual Little Children: The European Union, the United States, and International Regulation of Online Child Pornography JOURNAL OF MEDIA LAW & ETHICS Volume 1, Numbers 3/4 Summer/Fall 2009 Articles 155 AMY KRISTIN SANDERS Defining Defamation: Plaintiff Status in the Age of the Internet 186 JASON M. SHEPARD Bloggers After the Shield: Defining Journalism in Privilege Law 217 AIMEE EDMONDSON Packing Heat: A Gun Battle Between Privacy and Access 241 JASON A. MARTIN Return to the Marketplace:Balancing Anonymous Online Speech and Defamation 265 MICHAEL TODD Do We Still Need Human Dignity: A Comparative Analysis of the Treatment of Hate Speech in the United States and Germany JOURNAL OF MEDIA LAW & ETHICS Editor ERIC B. EASTON, PROFESSOR OF LAW University of Baltimore School of Law ______________________________ Editorial Assistant JAMIE ROSE ______________________________ EDITORIAL BOARD MEMBERS BENJAMIN BENNETT-CARPENTER, Special Lecturer, Oakland University (Michigan) WALTER M. BRASCH, Professor of Mass Comm., Bloomsburg University of Pennsylvania L. SUSAN CARTER, Professor, Michigan State University LOUIS A. DAY, Alumni Professor, Louisiana State University ANTHONY FARGO, Associate Professor, Indiana University AMY GAJDA, Assistant Professor, University of Illinois STEVEN MICHAEL HALLOCK, Assistant Professor, Point Park University MARTIN E. HALSTUK, Associate Professor, Pennsylvania State University CHRISTOPHER HANSON, Associate Professor, University of Maryland ELLIOT KING, Professor, Loyola College in Maryland JANE KIRTLEY, Silha Professor of Media Ethics& Law, University of Minnesota NORMAN P. LEWIS, Assistant Professor, University of Florida PAUL S. LIEBER, Assistant Professor, University of South Carolina KAREN M. MARKIN, Director of Research Development, University of Rhode Island KIRSTEN MOGENSEN, Associate Professor, Roskilde University (Denmark) KATHLEEN K. OLSON, Associate Professor, Lehigh University RICHARD J. PELTZ, Professor of Law, University of Arkansas-Little Rock School of Law KEVIN WALL SAUNDERS, Professor of Law, Michigan State University College of Law JAMES LYNN STEWART, Associate Professor, Nicholls State University DOREEN WEISENHAUS, Associate Professor, University of Hong Kong KYU HO YOUM, Jonathan Marshall First Amendment Chair Professor, Univ. of Oregon PREVIEW these new and recent titles at www.MarquetteBooks.com/previewtitles.html Gene Murray, Effective Editing: A Guide for Ralph D. Berenger (ed.), Cybermedia Go to War: Students and Professionals (2009). ISBN: 978-0- Role of Convergent Media Before and During the 922993-39-0 (paper) 2003 Iraq War (2006). ISBN: 0-922993-48-1 (cloth); 0-922993-49-1 (paper) John W. Cones, Introduction to the Motion Picture Industry: A Guide for Filmmakers, Students & Jami Fullerton and Alice Kendrick, Advertising’s Scholars (2009). ISBN: 978-0-922993-90-1 (paper) War on Terrorism: The Story of the Shared Values Initiative (2006). ISBN: 0-922993-43-2 (cloth); 0- Madeleine Cousineau, Introducing Sociology: A 922993-44-0 (paper) Whole New World (2009). ISBN: 978-0-922993- 68-0 (paper) Mitchell Land and Bill W. Hornaday, Contemporary Media Ethics: A Practical Guide for John W. Cones, Dictionary of Film Finance and Students, Scholars and Professionals (2006). Distribution: A Guide for Independent Filmmakers ISBN: 0-922993-41-6 (cloth); 0-922993-42-4 (2008). ISBN: 9780-922993-93-2 (cloth); 978-0- (paper) 922993-94-9 (paper) Joey Reagan, Applied Research Methods for Mass John Schulz, Please Don’t Do That! The Pocket Communicators (2006). ISBN: 0-922993-45-9 Guide to Good Writing (2008). ISBN: 978-0- (paper) 922993-87-1 David Demers, Dictionary of Mass Communication Hazel Dicken-Garcia and Giovanna Dell’Orto, & Media Research: A Guide for Students, Scholars Hated Ideas and the American Civil War Press and Professionals (2005). ISBN: 0-922993-35-1 (2008). ISBN: 978-0-922993-88-8 (paper); 978-0- (cloth); 0-922993-25-4 (paper) 922993-89-5 (cloth) John C. Merrill, Ralph D. Berenger and Charles J. R. Thomas Berner, Fundamentals of Journalism: Merrill, Media Musings: Interviews with Great Reporting, Writing and Editing (2007). ISBN: 978- Thinkers (2004). ISBN: 0-922993-15-7 (paper) 0-922993-76-5 (paper) Ralph D. Berenger (ed.), Global Media Go to War: Tomasz Pludowski (ed.), How the World’s News Role of Entertainment and News During the 2003 Media Reacted to 9/11: Essays from Around the Iraq War (2004). ISBN: 0-922993-10-6 (paper) Globe (2007). ISBN: 978-0-922993-66-6 (paper); 978-0-922993-73-4 (cloth) Melvin L. DeFleur and Margaret H. DeFleur, Learning to Hate Americans: How U.S. Media Stephen D. Cooper, Watching the Watchdog: Shape Negative Attitudes Among Teenagers in Bloggers as the Fifth Estate (2006). ISBN: 0- Twelve Countries (2003). ISBN: 0-922993-05-X 922993-46-7 (cloth); 0-922993-47-5 (paper) www.MarquetteBooks.com Copyright © 2009. The authors of each of the articles published in this issue own the copyrights to their works. For permission to reprint, please contact them (see title page for contact information). Journal of Media Law & Ethics (ISSN 1940-9370 print; 1940-9389 online) is a peer-reviewed scientific journal that seeks theoretical and empirical manuscripts and book reviews that advance an understanding of media law and ethics and diversity in society. Submissions may have a legal, historical, psychological, social or cultural orientation but must focus on media and law, ethics or diversity. All theoretical perspectives are welcomed. All manuscripts undergo blind peer review. JMLEis published online and in hard copy form. The online version is open access, which means it is available at no charge to the public. Visit www.MarquetteJournals.org to view the contents of this journal and others. Softcover and hardcover versions are published once a year. Visit the MarquetteJournals.org Web site for additional information. MANUSCRIPTS SUBMISSION GUIDELINES Exclusivity: All manuscripts should be original and published elsewhere. Authors of works that are should not be under consideration at other journals or selected for publication shall retain the copyright to other publications. Peer Review: All manuscripts will their works. As such, they control the future undergo masked peer review. The normal review distribution and reprinting of their works. However, period is three months or less. Submissions: The ideal authors shall give Marquette Books LLC a length for submitted papers is 20-30 double-spaced nonexclusive right to publish the work in its journals pages (6,000 to 8,000 words using 12-point Times or in other publications or books that it may produce at Roman or equivalent), including references, tables and the same time or in the future. Authors shall be given figures. 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