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Captive audiences and unwanted advertisement: The construction of public/private borders in legal discourse |
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Abstract:
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The paper is a historically informed rhetorical analysis of 16 high profile judicial opinions in cases of captive audience and unwanted commercial speech. Captive audiences are listeners unable to control and shield themselves from abusive communication either because of their location, their social identity, or the aggressive nature of the message. Our analysis discloses that, in defining captivity, judges employ assumptions about the nature of space, the nature of advertising mediums, the availability of market-created “opt-out” mechanisms, and the ability of the listeners to make claims based on legally acceptable definitions of social identity. Our analysis suggests that the courts of law may have actually contributed to the disproportionate increase in corporate power over individual privacy rights. |
Most Common Document Word Stems:
court (50), audienc (44), public (42), right (42), privaci (38), case (36), captiv (36), communic (36), v (35), border (34), legal (32), advertis (32), law (31), may (28), space (27), commerci (27), speech (27), social (26), listen (26), ident (25), privat (25), |
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Association:
Name: International Communication Association
URL: http://www.icahdq.org
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Citation:
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MLA Citation:
| Popescu, Mihaela. and Baruh, Lemi. "Captive audiences and unwanted advertisement: The construction of public/private borders in legal discourse" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA, May 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p111439_index.html> |
APA Citation:
| Popescu, M. and Baruh, L. , 2003-05-27 "Captive audiences and unwanted advertisement: The construction of public/private borders in legal discourse" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p111439_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The paper is a historically informed rhetorical analysis of 16 high profile judicial opinions in cases of captive audience and unwanted commercial speech. Captive audiences are listeners unable to control and shield themselves from abusive communication either because of their location, their social identity, or the aggressive nature of the message. Our analysis discloses that, in defining captivity, judges employ assumptions about the nature of space, the nature of advertising mediums, the availability of market-created “opt-out” mechanisms, and the ability of the listeners to make claims based on legally acceptable definitions of social identity. Our analysis suggests that the courts of law may have actually contributed to the disproportionate increase in corporate power over individual privacy rights. |
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| Document Type: |
.PDF |
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25 |
| Word count: |
7872 |
| Text sample: |
| Introduction In 1965 the California Public Utilities Commission struck down a proposal to have the local telephone company mark the home telephone numbers of the individuals that did not wish to be disturbed by solicitation calls and warn such callers that their intrusions were unwelcome1. Ironically in January 2002 almost 40 years later the FTC announced its intention to create a national “Do Not Call” database allowing consumers to have their phone number blacked out of telemarketing lists and |
| A framework for research. Applied Developmental Psychology 22 73-86. Warren S. D. & Brandeis L. D. (1984 (1890)). The Right to privacy. In F. D. Shoeman (Ed.) Philosophical dimensions of privacy. Cambridge: Cambridge University Press. Weintraub J. (1997). The theory and politics of the public/private distinction. In J. Weintraub & K. Kuman (Eds.) Public and private in throught and practice. Perspectives on a grand dichotomy (pp. 1-42). Chicago; London: The University of Chicago Press. Zych J. J. (2001). Hill |
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