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Pre ace

This is the 29th edition of Major Principles of Media Law. This edition includes new
developments through the U.S. Supreme Court's 2016-17 and 2017-18 Terms and the first
1112 years of the presidency of Donald]. Trump. It also includes major revisions to several
chapters. Perhaps the most important development since the last edition was Justice Neil
Gorsuch joining the Supreme Court, replacingJustice Antonin Scalia. And the retirement
ofJustice Anthony Kennedy in late June 2018 gave President Trump his second opportu-
nity to appoint a Supreme Court justice.
In the last two years, the Supreme Court handed down several cases with First Amend-
ment precedent. In the 2017-2018 term, the justices ruled that the First Amendment's right
against compelled speech precludes the government from requiring employees to pay
union dues in Janus v. AFSCME;, and likely prohibits a state from requiring pro-life crisis
pregnancy centers from informing patients about abortion services in National Institute of
Family & Life Advocates v. Becerra. In the 2016-2017 term, the Court in Matal v. Tam struck
down the disparagement clause of the Lanham Act and ruled that "offense'' could not be
a justification for denying a trademark, and in Packingham v. North Carolina, ruled that a
state's social-media ban for registered sex offenders violated their First Amendment rights.
Many other developments occurred in 2017 and 2018 with media law implications.
Social media sites like Facebook and Twitter were scrutinized for their roles in making user
data available for Russian meddling in the 2016 presidential election. Chelsea Manning
was released from prison after serving seven years for leaking classified government docu-
ments to WikiLeaks, while another alleged leaker, Reality Winner, pled guilty to leaking
documents to the Intercept website showing proof of Russian attempts to hack U.S. voting
systems. Several organizations lost or settled important libel and privacy lawsuits, including
ABC News, Gawker and Rolling Stone. The Federal Communications Commission repealed
''net neutrality'' rules. Several states passed student speech laws as part of a national ''New
Voices'' campaign. Disney and Comcast vied for control of Fox Entertainment.
Hostility toward press freedom continues to grow. During his campaign and first l 1hyears in
office, Trump criticized the media in harsh, and, some say, dangerous, ways. He often called the
mainstream press ''fake news'' and said reporters make up sources to publish false stories. As a
candidate, he promised to "open up our libel laws" to make it easier to win libel lawsuits against
the press. In February 2017 he tweeted (later deleted), ''The FAKE News (failing @nytimes,@
CNN, @NBCNews and many more) is not my enemy, it is the enemy of the American people.
SICK!" At an Arizona politicalrallyinAugust2017, Trump launched into a litany of criticisms of
the media, saying it is "taking away our history and our heritage," adding ofjournalists, "I really
think they don't like our country." In October 2017, he said from the White House: ''It's frankly
disgusting the way the press is able to write whatever they want to write and people should
look into it."
Then, on June 28, 2018, alleged gunman Jarrod Ramos killed five employees of the
Annapolis (Md.) Capital Gazette and injured two others. Ramos had sued the paper for libel
(and lost both case and appeal) because it reported on a criminal harrassment suit against
him. The shooting came on the heels of conservative provocateur Milo Yiannopoulos
telling news outlets, "I can't wait for vigilante squads to start gunning journalists down on
sight'' he claimed later it was ''a private joke." Given these developments, it is an especially
important time to understand the principles and history of free speech and press rights.
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The 29th edition of Major Principles notes many other changes in the law. Here are just
a few of the highlights of what is new in this edition.

Chapter One (The American Legal System) discusses:

• The retirement ofJustice Anthony Kennedy.
• President Trump's appointment of Neil Gorsuch to replace Justice Antonin Scalia.
• Updated statistics on the number of federal judges and existing vacancies.

Chapter Two (The Legacy of Freedom) discusses

• Attempts to block racist, extremist sites (Daily Stormer) after white nationalist protests.
• Allegations of Russian influence, WikiLeaks disclosures in 2016 presidential election.
• Leaker Chelsea Manning's release from prison.
• Update on impact of Panama Papers leaks.

Chapter Three (Modern Prior Restraints) discusses:

• Completely revised chapter reorganized for clarity and precision.
• Key precedents in expressive conduct and true threats case law.
• Updates on Elonis v. U.S., the Facebook threats case (Third Circuit upheld conviction).
• Supreme Court rules in Janus v. AFSCMEthat compulsory union is compelled speech
that violates the First Amendment, overruling a 40-year precedent.
• Access to polling places, including Supreme Court decision in Minnesota Voters Alli-
ance v. Mansky striking down ban on political apparel and others on state laws banning
ballot selfies.

Chapter Four (Libel and Slander) discusses:

• President Trump's history of libel lawsuits and two pending ones.
• ''Transgender" label is not libelous per se: Richard Simmons vs. National Enquirer.
• Two huge settlements: Rolling Stone's for rape story and ABC's for ''pink slime'' story.
• Fight Online Sex Trafficking Act (FOSTA): Section 230 amended; lawsuit incoming.

Chapter Five (The Right to Privacy) discusses

• Police need a search warrant to obtain cell phone tracking records, Supreme Court
rules 5-4 in Carpenter v. U.S.
• California's new data privacy law, described as the toughest in the nation.
• Supreme Court declined a broad ruling on clash between religious freedom and gay
rights in Masterpiece Cakes hop v. Colorado Civil Rights Union.
• A California appeals court ruling that dismissed a right of publicity and false light
lawsuit over the FX miniseries Feud.

Chapter Six (Copyrights and Trademarks) discusses:

• Two Supreme Court cases: Matal v. Tam, invalidating part of the Lanham Act for viola-
ing First Amendment, and Star Athletica v. Varsity Brands, offering test for copyrightabil-
ity of design using separability test.
• The Copyright Office's request for comment on a new fee schedule.
• ''Blurred Lines'' appeal: Robin Thicke loses to Marvin Gaye's family on infringement.
• A "Focus On'' box on the ''monkey selfie'' case that's been percolating for a few years.
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Chapter Seven (Fair Trial-Free Press) discusses:

• The Florida Supreme Court broadcasts proceedings live on social media.

Chapter Eight (Newsgatherer's Privilege) discusses

• Statistics on leak investigations during the first 1112 years of Trump's precedency.
• Defense contractor Reality Winner's arrest and plea in leak case.
• The government's seizure of a New York Times reporter's e-mail and phone records.
• Updates on DO] subpoena guidelines and shield bills in the 2017-18 Congress.
• A "Focus On" box on digital security tips for journalists.

Chapter Nine (Freedom of Information) discusses

• Update on FOIA under the Trump administration.
• "Focus On" boxes about getting help for FOIA requests and the appellate consensus of a
First Amendment right to record police in public places.
• Sixth Circuit overturning of past precedent and rules that police mug shots can be with-
held from public disclosure under FOIA.
• California Supreme Court ruling that the state's public records law applies to the private
devices of government officials.

Chapter 10 (Obscenity and Pornography) discusses:

• The Fight Online Sex Trafficking Act (FOSTA), a new anti-sex trafficking law and its
effects on websites like Backpage and Craigslist.
• In Packingham v. North Carolina, the Supreme Court struck down a state law banning
registered sex offenders from going on social media sites.
• Updates on revenge porn laws, including new state statutes.
• Updates on California's mandatory condom laws, including voter rejection of Prop 60 and
background on state supreme court holdings.

Chapter 11 (Regulation of the Electronic Media) discusses:

• Completely revised and reorganized for clarity (including net neutrality timeline).
• The biggest news in Internet: amid much controversy, goodbye to net neutrality rules.
• Trump's language, tweets (blocking on Twitter), calls for return to Fairness Doctrine?

Chapter 12 (Media Ownership Issues) discusses:

• New deregulatory broadcast ownership rules from the FCC.
• Updates on several pending mega-mergers.

Chapter 13 (Advertising Regulation) discusses:

• Supreme Court rules in Nat 'l Inst. ofFamily & Life Advocates v. Becerra that California
can't require pro-life centers to post ads about state abortion services.
• FTC brings e-cigarettes under Family Smoking Prevention & Tobacco Control Act.
• Consumer Review Fairness Act protects honest customer reviews from company fines.

Chapter 14 (Student Press Law) discusses:

• New states get student press protection laws in "New Voices" initiatives.
• Issues around student activism, such as March For Our Lives.
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***
Genelle's thanks: Wow, time flies, and free speech continues to rock. To Jason Shepard,
for joining me on this wild ride; for his knowledge, generosity, and critical editorial eye. To
Gene and Gin my parents, who amaze and honor me with their ongoing love and support
and from whom I learned curiosity and tenacity. To Reshi, companion and comfort. To my
KU journalism students and colleagues, who challenge me to learn more, teach better, and
keep loving what I do (and to Harrison Rosenthal, Evelyn Burns, and Jacob Elberg, whose
graduate work inspires me more than they'll ever know). To Michael, who listens, suggests,
and hears me (and for those long net neutrality rants). And, always, to Douglas Bornemann,
Ph.D.,J.D., upon whom for 21 years (and then some) I have relied for his smarts, patience,
and solace, and whom I can never thank or love enough. Dum spiro, spero.

Jason's thanks: Writing this textbook is a labor of love. I am thankful to work with Genelle
Belmas on this adventure in our shared passion for the First Amendment. I got hooked on
media law early in life thanks to a run-in with a prior restraint over a middle school student
council newsletter. I am thankful for my Mom, Dad and Grandma, who never let meager
means stop me from being the first in my family to graduate college and dream big things.
My former journalism and media law mentors taught me much: in high school, Roxane
Biffert, Loni Lown and Gail Gunderson; in college, Don Downs and Robert Drechsel; at The
Capital Times, Dave Zweifel, Ron McCrea and Anita Weier; and at Isthmus, Marc Eisen and
Bill Lueders. And lastly, I am grateful to my students at California State University, Fullerton,
where I serve as the chair of the Department of Communications. The student journalists
I work with, including as publisher of the Daily Titan student newspaper, and those in my
Communications Law classes remind me each time I step into the newsroom and the class-
room how amazing it is that my job is to bring to life the principles found in this textbook.

We both offer gratitude to Wayne Overbeck, who has trusted us with this work that he so
ably shepherded through so many editions, and to Rick Pullen of California State University,
Fullerton (now also retired) , who was co-author of the first two editions of this book. Much
of the credit should go to the many reviewers who have offered so many helpful sugges-
tions since the first edition was written years ago, and to others who have contributed to
the design and content over the years. A special thank-you is owed to Tom Gardner, Robert
Humphrey, and Sherrie Good, who have taken the time to point out typos, clarity issues and
the like over the past few years.

Genelle I. Belmas, Ph.D.

Jason M. Shepard, Ph.D.
July 1, 2018

For updates during the academic year, access to archives of material not published in this
year's print edition, and contact information, please visit our websites:
www.genellebelmas.com
wwwJasonmshepard.com

A test bank for each chapter is available with an instructor account at login. cengage. com.
 •
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Table o Cases
23-34 94th St. Grocery v. N.Y.C. Bd. of Health 607 Ashton v. Kentucky 180
44 Liquormart v. Rhode Island 3 14, 574 Assoc. for Molecular Pathology v. Myriad Genetics, Inc. 326
281 Care Committee v. Arneson 104 Associated Press v. All Headline News Corp. 310
ABC, Inc. v. Aereo, Inc. 324, 5 14 Associated Press v. District Court 349
ABC Inc. v. Stewart 346 Associated Press v. Meltwater U.S. Holdings 273
Abood v. Detroit Bd. of Educ. 109 Associated Press v. U.S. 551
Abrams v. U.S. 47, 103 Associated Press v. Walker 150
ACLU ofNC v. Tata 110 Assoc. of American Physicians & Surgeons v. Clinton 422
ACLU of Tennessee v. Bredesen 110 Attorney General v. John Peter Zenger 37
ACLU v. Alvarez 433 Austin v. Michigan Chamber of Commerce 582, 585
ACLU v. Ashcroft 463 Austin v. U.S. 455
ACLU v. CIA 4 14 Authors Guild v. Google 295, 296
ACLU v. Dep't of Defense 401 Authors Guild v. HathiTrust 296
ACLU v. Dep 't of Justice 404 Auvil v. CBS 60 Minutes 177
ACLU v. Mukasey 463 A.V. v. iParadigms LLC 271
Acosta v. City of Costa Mesa 91 Ayotte v. Planned Parenthood ofN. New England 192
Action for Children's Television v. FCC 491 Baez v. U.S. Justice Dept. 413
Agency for Int' l Dev. v. Alliance for Open Society Int' l 111 Bailey v. Maine Comm'n on Gov'tal Ethics & Election Prac-
Air Wisconsin Airlines Corp. v. Hoeper 161 tices 587
Alameda Books v. City of Los Angeles 459 Baker v. F &F Investment 369
Alberts v. California 441 Baker v. Goldman Sachs & Co. 383
Alden v. Maine 15 Balboa Island Village Inn v. Lemen 181
Alexander v. U.S. 455 Baldwin v. New York 366
Allen v. Cisneros 103 Bally Total Fitness v. Faber 325
Allen v. Scholastic Inc. 252 Balsam v. Tucows Inc. 621
Alpha Delta Chiv. Reed 638 Barclays Capital Inc. v. TheFlyOnTheWall.com Inc. 310
Alpha Therapeutic Corp. v. Nippon Hoso Kyokai (NHK) 215 Barnes v. Glen Theatre 456
Altria Group v. Good 607 Barnes v. Yahoo! Inc. 167
Amalgamated Food Employees Local 590 v. Logan Valley Barrett v. Rosenthal 167
Plaza 92 Barron v. Baltimore 48
Amazon.com LLC v. Lay 207 Bartnicki v. Vopper 216, 217
American Library Assoc. v. FCC 298 Basic Books v. Kinko 's Graphics Corp. 267
American Life League v. Reno 98 Bates v. Arizona State Bar 577
Am. Freedom Def. Initiative v. Suburban Mobility Auth. for Batjac Prod. v. GoodTimes Home Video Corp. 262
Regional Transp. 595 Batzel v. Smith 167
Am. Immigration Council v. Dept. of Homeland Sec. 413 Bauer v. Kincaid 420
Am. Meat Inst. v. Dep 't of Agric. 573 Bay Guardian Co. v. Chronicle Publ'g Co. 545
Ammerman v. Hubbard Broadcasting 383 B&B Hardware, Inc. v. Hargis Indus., Inc. 319
A&M Records et al. v. Napster 290 Beacon Journal Publ'g Co. Inc. v. Blackwell 102
Amway Corp. v. Procter & Gamble Co. 170 Beahm v. Food and DrugAdmin. 610
Anderson v. Liberty Lobby 172, 185 Becker v. FCC 484
Annex Books v. City of Indianapolis 459 Beef Products, Inc. v. ABC News, Inc. 178
ApolloMedia Corp. v. Reno 461 Beeman v. Anthem Prescription Mgmt., LLC 580
Apple Computer Inc. v. Formula Intemat'l 283 Behrendt v. Times Mirror Co. 133
Apple Computer Inc. v. Franklin Computer Corp. 283 Beilenson v. Superior Court 174
Apple Computer Inc. v. Microsoft Corp. 284 Bell v. Itawamba Cnty. Sch. Bd. 647
Apprendi v. New Jersey 76 Benay v. Warner Bros. Entm't 256
AP v. Nat'l Labor Relations Board 542 Bennett v. Smith Bunday Berman Britton, PS 352
AP v. Otter 430 Berger v. City of Seattle 87
Arista Records LLC v. Doe 3 115, 291 Berger v. Hanlon 213
Arista Records LLC v. LAUNCHcast 300 Bethel School District v. Fraser 629
Arista Records LLC v. Lime Group 265, 291 B.H. v. Easton School District 636
Ariz. Free Enterprise Club's Freedom Club PAC v. Bennett Bibles v. Oregon Natural Desert Assoc. 406
588 Bigelow v. Virginia 54, 567
Arizona Life Coalition v. Stanton 110 Bilski v. Kappos 326
Arkansas AFL-CIO v. FCC 486 Bindrim v. Mitchell 179
Arkansas Educational Television Comm' n v. Forbes 482 Blake v. Giustibelli 171
Arkansas Writers' Project v. Ragland 117 Bland v. Roberts 108
Armstrong v. Geithner 417 Blockowicz v. Williams 168
Armstrong v. H&C Communications 224 BMI v. Claire's Boutiques 278
Amstein v. Porter 256 Boardley v. U.S. Dept. of the Interior 88
Ashcroft v. ACLU 462, 463 Board of Airport Commissioners v. Jews for Jesus 86
Ashcroft v. Free Speech Coal. 449 Board of Regents v. Southworth 63 7
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Boehner v. McDermott 2 17
Bolger v. Youngs Drug Prods. Corp. 570
Bollea v. Gawker 187, 221
Boos v. Barry 89
Booth v. Curtis Publishing 234
Boring v. Google, Inc. 211
Borough of Duryea v. Guarnieri 107
Bose v. Consumers Union 156, 158, 185
Bowers v. Hardwick 193
Boyd v. U.S. 189
Boy Scouts of America v. Dale 96
Bradburn v. North Central Reg' l Library Dist. 463
Bradbury v. Superior Court 174
Braden v. Pittsburgh University 648
Branch v. FCC 484
Brandenburg v. Ohio 52
Brandywine-Main Line Radio v. FCC 485
Brantley v. NBC Universal 512, 555
Branzburg v. Hayes 367, 369, 370, 371, 374, 385
Braun v. Chronicle Publ'g Co. 174
Braun v. Soldier of Fortune Magazine 120
Bridges v. California 334
Bright Tunes Music Corp. v. Harrisongs Music, Ltd. 258
Br0derbund v. Unison World 283
Brother Records Inc. v. Jardine 317
Brownmark Films, LLC v. Comedy Partners 276
Brown v. Board of Education 17
Brown v. Entertainment Merchants Assoc. 76
Bruno & Stillman v. Globe Newspaper Co. 370
Buckley v. Valeo 586, 589
Burke v. Gregg 146
Burnett v. Nat'l Enquirer 163
Burstyn v. Wilson 440
Burwell v. Hobby Lobby Stores, Inc. 16
Bush v. Gore 357
Butler v. Michigan 441
Butterworth v. Smith 70
B.W.A. v. Farmington R-7 Sch. Dist. 645
Byers v. Edmonson 120
Byrne v. Rutledge 110
Cablevision Sys. Corp. v. FCC (2CA) 509
Cablevision Sys. Corp. v. FCC (DCCA) 505, 510
Cairns v. Franklin Mint 240
Caldero v. Tribune Publishing 381
Calder v. Jones 164, 165, 166, 184
California First Amendment Coal. v. Calderon 430
California First Amendment Coal. v. Woodford 430
California v. American Stores 538
Cambridge Univ. Press v. Becker 268
Campbell v. Acuff-Rose Music Co. 274
Cantrell v. Forest City Publishing Co. 226
Caperton v. A.T. Massey Coal Co. Inc. 12
Capital Cities Cable Inc. v. Crisp 505, 506
Capitol Records Inc. v. Thomas-Rasset 293
Capitol Records, LLC v. ReDigi Inc. 286
Capitol Records, LLC v. Vimeo, LLC 294
Capitol Records v. Alaujan 292, 360
Capitol Records v. Naxos of America 265
Carey v. Population Services Int'l 568
Cariou v. Prince 268
Carpenter v. U.S. 187, 199
Carson v. Here's Johnny Portable Toilets Inc. 230
Carter v. Helmsley-Spear Inc. 309
Cartoon Network and CNN v. CSC Holdings 280, 512
Catsouras v. State of Calif. Highway Patrol 225
Cause of Action v. Nat'l Archives & Records Admin. 411
C.B.C. Distrib. and Mktg. v. Major League Baseball 312
CBS Corp. v. FCC 492
CBS Interactive Inc. v. Nat'l Football League Players Inc. 312
CBS v. FCC 479, 492
CBS v. Superior Court 384
Cellco P'ship v. Am. Soc'y of Composers 279
Center for Bio-Ethical Reform, Inc. v. Napolitano 99
Center for Bio-Ethical Reform v. Los Angeles Cty. Sheriff
Dept. 98
Central Hudson Gas & Elec. v. Pub. Serv. Comm'n of New
York 54,568,573,576,577,581,618,637
Chamberlain Group v. Skylink Technologies 289
Chandler v. Florida 355, 361
Chanel, Inc. v. Does 319
Chaplinksy v. New Hampshire 121
Chaplinsky v. New Hampshire 71
Charles v. City of Los Angeles 596
Cher v. Forum International 234
Chevron U.S.A. Inc. v. Natural Resources Defense Council
524,525,529
Chevron v. Berlinger 387, 388
Chicago Lawyers' Cmte. for Civil Rights Under Law v. Craig-
slist 591
Children First Foundation Inc. v. Legreide 110
Children of the Rosary v. City of Phoenix 595
Chisholm v. FCC 482
Choose Life Illinois v. White 110
Christian Legal Society v. Martinez 638
Christ's Bride Ministries v. SE Pennsylvania Transp. Auth. 595
CIA v. Sims 407
Cincinnati v. Discovery Network 90, 571
Citizen Publishing Co. v. U.S. 544
Citizens for Responsibility & Ethics in Wash. v. FEC 413
Citizens for Responsibility & Ethics in Wash. v. Office of
Administration 411
Citizens United v. FEC 581, 583, 585, 586, 588, 589, 595
Citizens United v. Gessler 590
City of Arlington v. FCC 524
City of Chicago v. Alexander 103
City of Erie v. Pap's A.M. 457
City of Ladue v. Gilleo 570
City of Lakewood v. Plain Dealer Publ'g Co. 90
City of Los Angeles v. Alameda Books 458
City of Los Angeles v. Preferred Commc 'ns 510
City of New York v. FCC 505
City of Ontario v. Quon 203, 464
City of San Jose v. Superior Court 429
Clapper v. Amnesty Int'l USA 58
Clark v. Roccanova 464
Clear Channel Outdoor, Inc. v. City of New York 596
Clift v. Narragansett Television 218
Clinton v. Jones 182
Cmty. for Creative Non-Violence v. Reid 263
Coalition for ICANN Transparency Inc. v. Verisign 559
Cochran v. NYP Holdings 146
Cohen v. California 72, 121
Cohen v. Cowles Media Co. 390
Cohen v. Google, Inc. 115, 132
Columbia Pictures v. Fung 29 1
Comcast Corp. v. Behrend 555
Comcast Corp. v. FCC 526
Comedy III Productions v. Gary Saderup Inc. 238
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Committee for an Independent P-I v. Hearst Corp. 547 Doe v. Boland 452
Commonwealth Brands, Inc. v. U.S. 610 Doe v. Bollaert 466
Commonwealth of Massachusetts v. Microsoft Corp. 540 Doe v. City of Albuquerque 453
Commonwealth of Massachusetts v. U.S. Dep't of Health and Doe v. Corporation of the Presiding Bishop of the Church of
Human Services 196 Jesus Christ of Latter-Day Saints 352
Commonwealth of Massachusetts v. Winfield 352 Doe v. Methodist Hospital 219
Commonwealth of Pennsylvania v. Diodoro 450 Doe v. Mukasey 57
Commonwealth v. Cohen 347 Doe v. Reed 116, 428
Commonwealth v. Peter Pon 354 Doninger v. Niehoff 641
Company Doe v. Public Citizen 353 Dool v. Burke 13
Compco v. Day-Brite Lighting 310 Dr. Seuss Enterprises v. Penguin Books 274
Consolidated Edison v. Public Service Comm'n of New York Dun & Bradstreet v. Greenmoss Builders 157
581 Duncan v. WJLA-TV 229
Convertino v. Dep 't of Justice 3 77 DVD Copy Control Assoc. v. Bunner 297
Cook v. ACS State & Local Solutions, Inc. 423 DVD Copy Control Assoc. v. Kaleidescape 297
Cornelius v. DeLuca 116 Eastman Chem. Co. v. Plastipure, Inc. 614
Cosmetic Ideas, Inc. v. IAC/Interactivecorp 254 Eastwood v. National Enquirer 235
Costco Wholesale Corp. v. OMEGA, S.A. 286 eBay, Inc. v. MercExchange 275
Courtroom TV Network v. State of New York 358 Edison Brothers Stores v. BMI 278
Cox Broadcasting v. Cohn 69, 207, 220, 225, 241 Educ. Media Co. at Va. Tech, Inc. v. Insley 637
Cox v. Louisiana 335 Educ. Media Co. at Va. Tech, Inc. v. Swecker 636
Coyote Publ'g Inc. v. Miller 576 Edward Lewis Tobinick, MD v. Novella 614
Craig v. Hamey 335 Edwards v. National Audubon Society 147
Cressman v. Thompson 110 Eldred v. Ashcroft 259
Ctr. for Int'l Envtl. Law v. Office of the U.S. Trade Representa- Elec. Frontier Found. v. Office of the Dir. ofNat'l Intelligence
tive 404 411
Cuff v. Valley Cent. Sch. Dist. 646 Electronic Arts v. Davis 233
Curtis Publishing Co. v. Butts 150 Elias v. Rolling Stone 129
Dallman v. Ritter 586 Elk Grove Unified Sch. Dist. v. Newdow 16
Dariano v. Morgan Hill Unified Sch. Dist. 646 Elonis v. U.S. 79
Dastar Corp. v. Twentieth Century Fox Film Corp. 318 El-Shifa Pharmaceutical Ind. Co. v. U.S. 181
Davis v. Cox 175 El Vocero de Puerto Rico v. Puerto Rico 348
Davis v. FEC 588 Engler v. Winfrey 178
Debs v. U.S. 47 Erotic Serv. Provider Legal Educ. & Research Proj. v. Gascon
de Havilland v. FX Networks 228 577
Delaney v. Superior Court 3 84 Estate of Martin Luther King v. CBS 270
Delano Farms v. Calif. Table Grape Comm'n 580 Estes v. Texas 354
Dendrite Intemat'l, Inc. v. Doe 114 Ets-Hokin v. Skyy Spirits Inc. 256
Dennis v. U.S. 50 Ex parte Jones 466
Denver Area Educ. Telecom. Consortium v. FCC 511 FAA v. Cooper 418
Denver Publishing Co. v. Bueno 226 Fac;onnable USA Corp. v. John Does 1-10 116
Dep 't of Justice v. Landano 408 Factors v. Pro Arts 239
Dep 't of Justice v. Reporters Cmte. for Freedom of the Press Fair Housing Council of San Fernando Valley v. Roommates.
407,417,422 com 169, 591
Dep 't of Revenue v. Magazine Publishers of America 118 Farmers Educ. & Coop. Union v. WDAY 142, 484
Dep 't of State v. Washington Post 406 Farr v. Superior Court 384
Dep 't of the Air Force v. Rose 410 FBI v. Abramson 406
Dep't of the Interior v. Klamath Water Users Protective Ass 'n FCC v. AT&T, Inc. 407
409 FCC v. CBS Corp. 492
Desilets v. Clearview Regional Board of Educ. 640 FCC v. Fox Television 492, 494, 495
Desnick v. American Broadcasting Co. 216 FCC v. ITT World Communications 425
Deteresa v. ABC 215 FCC v. League of Women Voters of California 489
Detroit Free Press, Inc. v. Dep 't of Justice ("Free Press I'') 409 FCC v. Midwest Video 505
Detroit Free Press, Inc. v. Dep 't of Justice ("Free Press II") 409 FCC v. National Citizens Committee for Broadcasting 553
Dex Media West, Inc. v. City of Seattle 618 FCC v. Pacifica Foundation 490, 491, 495
Diaz v. Oakland Tribune 224 FDA v. Brown & Williamson Tobacco 575, 609
Dietemann v. Time Inc. 210 FEC v. Wisconsin Right to Life 583, 584
Digiprotect USA Corp. v. Does 1-266 302 Feist Publ' ns v. Rural Telephone Service Co. 249
Dillon v. City and Co. of San Francisco 372 Fellows v. National Enquirer 130
Discount Tobacco City & Lottery v. U.S. 610 Feltner v. Columbia Pictures Television 253
Dist. Att'y for the Norfolk Dist. v. Justices of the Quincy Dist. Ferguson v. Friendfinders 620
Court 358 Fields v. City of Philadelphia 433
Dodds v. American Broadcasting Co. 146 Finkel v. Dauber 147
Doe v. America Online 167 First Nat'l Bank v. Bellotti 580, 581, 584
 •
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First Unitarian Church et al. v. Salt Lake City Corp. 94
Fisher v. Dees 273
Fiske v. Kansas 49
Flanagan v. Flanagan 216
Flava Works v. Gunter 324
Florida Bar v. Went For It Inc. 578
Florida Publishing Co. v. Fletcher 210
Florida Star v. B.J.F. 69, 207, 220, 241
Florida v. Globe Communications Corp. 70, 220
Fogerty v. Fantasy 253
Food Lion v. Capital Cities/ ABC 124
Forsham v. Harris 406
Fortnightly v. United Artists 279, 504
Fox Broadcasting Co. v. Dish Network LLC 515
Fox Television v. BarryDriller Content Systems, PLC 514
Fox Television v. FCC 493, 495
Fox Television v. FilmOn X LLC 515
Freedman v. Maryland 441
Freedom Watch, Inc. v. Obama 422
Free Speech Coalition v. Att'y Gen'l 449
Friedman v. Rogers 577
Friedrichs v. California Teachers Assoc. 109
Frisby v. Schultz 99
Frohwerk v. U.S. 47
Fruit of the Loom v. Girouard 316
FTC v. AT&T Mobility LLC 529, 530
FTC v. Colgate-Palmolive Co. 601
FTC v. Garvey 602
FTC v. Phoebe Putney Health System, Inc. 539
FTC v. Raladam 597
FTC v. R.F. Keppel & Brother 598
FTC v. Sperry & Hutchinson Co. 602
FTC v. Standard Education Society 598
FTC v. Winsted Hosiery Co. 597
Fustolo v. Hollander 174
Galella v. Onassis 2 11, 212
Galoob Toys v. Nintendo of America 285
Gannett v. DePasquale 342, 354, 430, 431
Garcetti v. Ceballos 107
Gardner v. Martino 146
Garland v. Torre 366
Garrison v. Louisiana 180
Gates v. Discovery Communications 219
Gawronski v. Amazon.com, Inc. 265
G.D. v. Kenny 132
Gen'l Dynamics Corp. v. U.S. 424
Gentile v. State Bar of Nevada 340
Gerawan Farming v. Lyons 580
Gerhart v. Oklahoma 103
Gertz v. Welch 130, 134, 152, 154, 157, 184
Gill v. Curtis Publishing 227
Gill v. Hearst Corporation 227
Ginsberg v. New York 444
Ginzburg v. U.S. 444
Gitlow v. New York 48
Glickman v. Wileman Brothers & Elliot Inc. 579
Glik v. Cunniffe 433
Globe Newspaper Co. v. Superior Court 345, 361
Glowacki v. Howell Public School Dist. 644
Godin v. Schencks 160
Golan v. Holder 306, 307
Goldman v. Breitbart 324
Goldstein v. California 310
Gonzaga University v. Doe 418
Gonzales v. Carhart 192
Gonzales v. NBC 372
GoPets Ltd v. Hise 323
Graves v. Warner Bros. 120
Greater New Orleans Broad. Assoc. v. U.S. 502, 572
Griswold v. Connecticut 190
Grosjean v. American Press 117, 636
Gubarev v. Buzzfeed, Inc. 166
Gucci America v. Frontline Processing Corp. 318
Haelan Laboratories v. Topps Chewing Gum 230
Halsey v. New York Soc. for the Suppression of Vice 440
Hammer v. Ashcroft 430
Hana Fin., Inc. v. Hana Bank 319
Hanlon v. Berger 213
Hardwick v. Heyward 646
Harman v. City of New York 108
Harper & Row Publishers v. The Nation Enter. 270
Harris v. Quinn 109
Harte-Hanks Communications v. Connaughton 158
Hart v. Electronic Arts, Inc. 233
Hazelwood School District v. Kuhlmeier 627, 629, 633, 635
Healy v. James 628
Hearst Commc'ns Inc. v. Seattle Times Co. 546
Hearst Newspapers, LLC v. Cardenas-Guillen 348
Hebrew Univ. of Jerusalem v. Gen'l Motors LLC 233
Heffernan v. City of Paterson 106
Henley v. DeVore 276
Henry v. Lake Charles American Press LLC 135, 160
Herbert v. Lando 162
Hill v. Colorado 97, 98
Hill v. Petrotech Resources Corp. 18 1
Hilton v. Hallmark Cards 295
Hispanics United of Buffalo, Inc. and Carlos Ortiz 108
Hoffman v. Capital Cities/ABC 236
Holder v. Humanitarian Law Project 57
Hollingsworth v. Perry 197, 360
Home Placement Service v. Providence Journal 594
Hon. Leon A. Kendall v. Daily News Publ'g Co. 138
Home v. Dept. of Agriculture 476
Hosty v. Carter 627, 633
Houchins v. KQED 430
Howell v. Enterprise Publishing Co. 142
Hrdlicka v. Reniff 91
Hudgens v. NLRB 92
Hudnut v. American Booksellers Ass'n 456
Human Life of Wash. v. Brumsickle 586
Huppert v. City of Pittsburg 108
Hurley v. Irish-American Gay, Lesbian and Bisexual Group of
Boston 95
Hustler Magazine v. Falwell 175
Hutchinson v. Proxmire 141, 155
Ibanez v. Florida Dept. of Prof'l & Business Regulation 578
Imaginary Images, Inc. v. Evans 458
Immigration & Naturalization Serv. v. Chadha 604
Independent Newspapers Inc. v. Brodie 115
Ingenuity 13 LLC v. Doe 303
In re Anonymous Online Speakers 116
In re Application of Chevron Corp. 383
In re Ashenfelter 377
In re Aspen Institute and CBS 482
In re Autohop Litigation 515
In re Farber 3 84
 xv

In re Grand Jury Subpoena - Miller 374 Klayman v. Obama 61

In re Jan. 11 , 2013 Subpoena by the Grand Jury of Union Cnty., Kleffman v. Vonage Holdings 620
NJ 389 Knight First Amendment Inst. v. Trump 488
In re Literary Works in Elect. Databases Copyright Litig. 302 Knox v. SEIU 109
In re Madden (Titan Sports v. Turner Broadcasting) 387 KOVR-TV v. Superior Court of Sacramento Co. 225
In re Marriage Cases 195 Kowalski v. Berkeley County Schools 643
In re McCray et al. 388 Kyllo v. U.S. 190
In re Pappas 367 Lake v. Wal-Mart Stores 219
In re Paulsen v. FCC 483 Lamothe v. Atlantic Recording Corp. 308
In re Perry 134 Landmark Communications v. Virginia 70, 220
In re Petition of Luke N ichter 407 Lane v. Franks 107
In re Search of Fair Finance 352 Lane v. Simon 639
In re Sony BMG Music Entertainment 360 Lauder, Inc. v. City of Houston 90
In re Special Proceedings 3 73 Lawrence v. Texas 9, 194, 198, 577
In re Tobacco Cases II 576 Layshock v. Hermitage School District 642
Intel Corp. v. Hamidi 204 League of Women Voters v. FCC 482
Intercollegiate Broad. Sys. v. Copyright Royalty Board 280 Leathers v. Medlock 118
International News Service v. Associated Press 309 Lebron v. National Railroad Passenger Corp. 596
International Shoe v. Washington 164 Lebron v. Washington Metro. Area Transit Auth. 595
Interstate Outdoor Adver. v. Zoning Bd. of the Twp. of Mt. Lee v. Int'l Soc. for Krishna Consciousness 86
Laurel 597 Lehman v. Shaker Heights 594
In the Matter of James Holmes v. Winter 377 Lenz v. Universal Music Corp. 295
In the Matter of POM Wonderful LLC 605 Lexmark Int'l, Inc. v. Static Control Components, Inc. 615
In the Matter ofWDBJ Television, Inc. 495 Lexmark Int'l v. Static Control Components 289
Int' l Dairy Foods Assoc. v. Boggs 617 Linmark Associates v. Willingboro 567
Int' l Society for Krishna Consciousness of California, Inc. v. Linnemeir v. Bd. of Trustees of Purdue Univ. 638
City of Los Angeles 86 Lloyd Corp. v. Tanner 92
Iowa Right to Life Comm. v. Tooker 587 Loeb v. New Times 144
Irvin v. Dowd 333 Log Cabin Republicans v. U.S. 194
Isaacson v. Home 193 Long Beach Area Chamber of Commerce v. City of Long
Isaacs v. Temple University 648 Beach 586
Jacobellis v. Ohio 442 Lorain Journal Company v. U.S. 543
Janklow v. Newsweek 144 Lorillard Tobacco Co. v. Reilly 575, 606
Janus v. Am. Fed'n of State, County, & Mun. Employees 110 Los Angeles News Serv. v. CBS Broad. 273
J.B. Williams Co. v. FTC 600 Los Angeles News Serv. v. KCAL-TV Channel 9 272
Jenkins v. Georgia 447 Los Angeles News Serv. v. Reuters Television 273
Joffe v. Google 532 Los Angeles Police Dept. v. United Reporting Publ' g Co. 428
Johanns v. Livestock Marketing Assoc. 85, 579 Lotus Development Corp. v. Borland Int'l 284, 285
John-Byrnes Co. v. TechnoBuffalo LLC 389 Lovell v. City of Griffin 82
John Doe Agency v. John Doe Corp. 408 Lowe v. SEC 113
John Doe No. 1 v. Cahill 114 Lowry v. Watson Chapel School District 644
Johnson v. Arden 168 Lugosi v. Universal Pictures 239
Jones v. Dirty World Entm't Recordings 169 Luke Records v. Navarro 448
Jones v. Opelika 83 Madison v. Yunker 164
J.S. v. Bethlehem Area School District 641 Madsen v. Women's Health Center 96
J.S. v. Blue Mountain School District 642 Mahoney v. Doe 88
Judicial Watch, Inc. v. Dep't of Defense 405 Manual Enterprises v. Day 442
Judicial Watch, Inc. v. U.S. Secret Serv. 401 Manwin Licensing Intemat'l S.A.R.L. v. ICM Registry, LLC
Kahle v. Gonzales 260 560
Kasky v. Nike Inc. 583 Marable v. Nitchman 108
Katz v. U.S. 190 Maracich v. Spears 424
Kauffman Racing Equip. LLC v. Roberts 165 Marbury v. Madison 4 2
Kay v. FCC 478 Marcavage v. City of Chicago 88
Keefe v. Adams 635 Marcavage v. City of New York 88
Keeton v. Hustler 164, 165, 184 Marek v. Lane 200
Kelly v. Arriba Soft Corp. 324 Maressa v. New Jersey Monthly 385
Kennedy for President Comm. v. FCC 483 Marshall v. U.S. 333
Khawar v. Globe Comm'ns 147 Marsh v. Alabama 91
Kincaid v. Gibson 632 Marya v. Warner/Chappell Music Inc. 260
Kingstad v. State Bar of Wisconsin 579 Masson v. New Yorker 158-160
Kirtsaeng v. John Wiley & Sons 286 Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm 'n
Kissinger v. New York City Transit Auth. 594 198
Kissinger v. Reporters Cmte. for Freedom of the Press 406 Matal v. Tam 313
K.J. v. Sauk Center Sch. Dist. 636 Matson v. Bd. of Educ. of the City Sch. Dist. ofN.Y. 205
 •
xvi

Mattel Inc. v. Goldberger 317 Murray Hill Publ'ns v. Twentieth Century Fox Film Corp. 256
Mattel Inc. v. MCA Records 317 Mutual Film Corp. v. Industrial Comm'n of Ohio 440
Mattel, Inc. v. MGA Entm't, Inc. 317 Naruto v. Slater 289
Mattel Inc. v. Walking Mountain Productions 3 17 NASA v. Nelson 198
Matthews v. Wozencraft 236 Nat' l Archives & Records Admin. v. Pavish 406
Maverick Recording Co. v. Harper 258 Nat' l Ass'n of Tobacco Outlets, Inc. v. City of Providence 576
Maxon v. Ottawa Publishing Co. 115 Nat' l Business Aviation Ass 'n v. FAA & ProPublica 405
McBurney v. Young 428 Nat' l Cable & Telecommc' ns Ass'n v. Brand X Internet Serv.
McConnell v. FEC 584 525, 526, 557
McCormack v. Hiedeman 193 Nat' l Cable & Telecommc' ns Ass'n v. FCC 555
McCullen v. Coakley 98 Nat' l Cable & Telecommc' ns Ass'n v. Gulf Power Co. 518
McCulloch v. Maryland 42 Nat' l Endowment for the Arts v. Finley 111, 314
McCutcheon v. FEC 589 Nat' l Inst. of Family & Life Advocates v. Becerra 617
McDonald v. City of Chicago 49 NBA v. Motorola 311
Mcintyre v. Ohio Elections Commission 114 NBC Subsidiary v. Superior Court 348
McKee v. Laurion 170 NBC V. U.S. 473, 551
McKevitt v. Pallasch 3 73 Nearv. Minnesota 64, 65, 117, 121
McKinley v. Abbott 579 Neb. Press Assoc. v. Stuart 339, 340, 341, 360, 361
McNeilly v. Land 587 Nemet Chevrolet v. Consumeraffairs.com 168
MDY Industries v. Blizzard Entertainment 287 Nevada Comm'n on Ethics v. Carrigan 107
Medical Lab. Mgmt. Consultants v. ABC 216 Newcombe v. Adolf Coors 235
Melvin v. Reid 219 New Era Publications v. Henry Holt & Co. 271
Members of the Los Angeles City Council v. Taxpayers for New Hampshire v. Siel 381
Vincent 569 New Mexico v. Turrietta 349
Memoirs v. Massachusetts 443 Newsday LLC v. County of Nassau 353
Memphis Development Foundation v. Factors 239 News & Observer v. Raleigh-Durham Airport Auth. 90
Metro Lights v. Los Angeles 569 Newton v. Diamond 274
Metromedia v. San Diego 569 New York Times v. Dep't of Justice 411
MGM v. Grokster 282, 290 New York Times v. Gonzales 375
M.G. v. Time Warner 222 New York Times v. Sullivan 23, 28-30, 123, 133-135, 148,
Miami Herald v. Dep 't of Revenue 118 151, 156-157, 160-161, 175, 178, 180, 184, 209, 226,
Miami Herald v. Tornillo 489, 593 566
Michigan Citizens for an Independent Press v. Thornburgh 547 New York Times v. Superior Court 384
Michtavi v. New York Daily News 132 New York Times v. Tasini 300
Midler v. Ford Motor Company 231 New York Times v. U.S. 66, 121, 217
Milavetz, Gallop & Milavetz v. U.S. 113 New York v. Ferber 448
Milkovich v. Lorain Journal Co. 143, 184 N ickols v. Mortgage Bankers Ass 'n 524
Miller v. California 445, 468 N ike v. Kasky 583
Miller v. FCC 481 Noonan v. Staples 160, 185
Miller v. Mitchell 464 Norse v. City of Santa Cruz 90
Miller v. Superior Court 384 Norton v. Glenn 147
Milner v. Dep't of the Navy 410 Obergefell v. Hodges 9, 197
Minn. Citizens Concerned for Life v. Swanson 586 Oberwetter v. Hilliard 88
Minneapolis Star & Tribune v. Minnesota Comm 'r of Revenue Ocala Star-Banner v. Damron 151
117,636 Ocheesee Creamery LLC v. Putnam 618
Minnesota Voters Alliance v. Mansky 101 O'Grady v. Superior Court 389
Minnesota v. Turner 385 Ohralik v. Ohio State Bar Ass 'n 577
Minn. Majority v. Mansky 10 1 Oklahoma Publishing v. District Court 70
Minority Television Project, Inc. v. FCC 480 Oilman v. Evans 144
Mississippi Gay Alliance v. Goudelock 635 Olmstead v. U.S. 190
Missouri v. S.F. 103 One Book Entitled Ulysses v. U.S. 440
Mitchell v. Superior Court 381 Oregon v. Barger 451
Moldea v. New York Times Co. 145 Orin v. Barclay 639
Monitor-Patriot Co. v. Roy 151 Osborne v. Ohio 448
Montz v. Pilgrim Films & Television 265 Ostergren v. Cuccinelli 207
Moore v. Watson 634 Owasso Independent School District v. Falvo 418
Morales v. TWA 616 Pacific Gas & Elec. Co. v. Public Utilities Comm'n of Calif.
Moreno v. Hanford Sentinel Inc. 199 582
Morse v. Frederick 630 Pacific Telesis Group v. International Telesis Comm. 316
Mortgage Specialists Inc. v. Implode-Explode Heavy Ind. Inc. Packingham v. North Carolina 453
115,389 Palmer v. Waxahachie Indep. Sch. Dist. 645
Moseley v. V Secret Catalogue Inc. 320 Panavision International v. Toeppen 323
Motschenbacher v. R.J. Reynolds Tobacco 231 Papish v. University of Missouri Curators 628
Murphy v. Millennium Radio Group LLC 132, 304 Paroline v. U.S. 452
 • •
xvii

Pavesich v. New England Life Insurance Co. 189 RealNetworks Inc. v. DVD Copy Control Assoc. 297
Peavyv. WFAA-TV 217 Red & Black Publ'g Co. v. Bd. of Regents of the Univ. of
Peel v. Attorney Registration and Disciplinary Comm'n 578 Georgia 420
Pell v. Procunier 429, 430 Red Lion Broadcasting v. FCC 488, 495
Pennekamp v. Florida 335 Redrup v. New York 444
People v. Bryant 332 Reed Elsevier, Inc. v. Muchnick 301
People v. Croswell 43 Reed v. Town of Gilbert 94, 449
People v. Freeman 460 Regina v. Hicklin 438
People v. Gerber 450 Rehberg v. Paulk 204
People v. Jackson (NBC Universal Inc.) 332 Reichle v. Howards 80
Perez v. Dietz Development, LLC 171 Rendell-Baker v. Kohn 648
Perez v. Mortgage Bankers Ass ' n 524 Reno v. ACLU 461, 575
Perfect 10 v. Amazon.com 324 Reno v. Condon 423
Perry v. Brown 195 Renton v. Playtime Theatres 457, 458
Perry v. Schwarzenegger 195 Republican Nat'l Committee v. FEC 586
Petrella v. Metro-Goldwyn-Mayer, Inc. 254 Republican Party of Minnesota v. White 341
PG Publ 'g Co. v. Aichele 102 Rescuecom v. Google 304, 623
Phelps-Roper v. City of Manchester 100 Resorts International v. New Jersey Monthly 385
Phelps-Roper v. Koster 100, 101 Rex v. Tuchin 36
Phelps-Roper v. Nixon 100 RIAA v. Charter Communications 291
Phelps-Roper v. Strickland 100 RIAA v. Diamond Multimedia Sys. 290
Phelps-Roper v. Troutman 100 RIAA v. Librarian of Congress 279
Philadelphia Inquirer v. Wetzel 431 RIAA v. Verizon 291
Philadelphia Newspapers v. Hepps 138, 185 Rice v. Paladin Enterprises 119
Phillippi v. CIA 414 Richmond Newspapers v. Virginia 343, 348, 361, 430, 431
Phoenix Newspapers v. U.S. District Court 351 Rickert v. Public Disclosure Commission 104
Pietrylo v. Hillstone Restaurant Group 199 Rideau v. Louisiana 3 34
Pineda v. Williams-Sonoma Stores, Inc. 207 Rideout v. Gardner 102
Pitt News v. Fisher 636 Righthaven LLC v. Democratic Underground LLC 303
Pitt News v. Pappert 635 Righthaven LLC v. Hoehn 303
Pittsburgh Press v. Pittsburgh Comm'n on Human Relations Riley v. California 199
566 Riley v. Chester 370, 371
Pizza Hut Inc. v. Papa John's International Inc. 613 Riley v. Gibson 348
Planned Parenthood of SE Pennsylvania v. Casey 191 R.J. Reynolds Tobacco Co. v. FDA 610
Planned Parenthood of the Columbia/Willamette v. American Roach v. Stouffer 110
Coalition of Life Activists 78 Roberson v. Rochester Folding Box Co. 188
Planned Parenthood v. Clark Co. School Dist. 640 Roe v. Wade 8, 191, 193, 567
Playboy Enterprises v. Sanfilippo 303 Romer v. Evans 9, 96, 194
Playboy Enterprises v. Welles 304 Rosemont Enterprises v. Random House 269
Pleasant Grove City v. Summum 85 Rosenberger v. Rector & Visitors of the Univ. of Va. 314, 488,
Plessy v. Ferguson 17 637
POM Wonderful LLC. v. Coca-Cola Co. 615 Rosenblatt v. Baer 150
POM Wonderful, LLC v. Hubbard 315 Rosenbloom v. Metromedia 152, 153, 184
Pope v. Illinois 446, 448 Rosetta Stone v. Google 304, 623
Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico Rose v. Planned Parenthood of SC 110
570, 573-576 Roth v. Dep 't of Justice 414
Presley v. Georgia 347 Roth v. U.S. 441, 442, 443, 445
Press-Enterprise Co. v. Superior Court (P-E I) 345, 361 Rubin v. Coors Brewing Co. 573
Press-Enterprise Co. v. Superior Court (P-E II) 347, 361 Rufo v. Simpson 330
Price v. Stossel 159 Rumsfeld v. Forum for Acad. & Inst' l Rights 87
Price v. Time 388 Rust v. Sullivan 111, 192, 314
Princeton Univ. Press v. Michigan Document Serv. 267 Safelite Group v. Jepsen 573
Pring v. Penthouse 123, 179 Sailor Music v. The Gap Stores 278
ProCD v. Zeidenberg 285 Saint John's Church in the Wilderness v. Scott 99
Pro-Football, Inc. v. Blackhorse 313 Salinger v. Colting 275
Prometheus Radio Project v. FCC 537, 550, 551, 554 Salzano v. North Jersey Media Group 143
Protect Our Mountain Env't v. District Court 173 Sanders v. ABC 214
PruneYard Shopping Center v. Robins 92 Satterfield v. Simon & Schuster 621
Public Citizen v. Dept. of Justice 421 Saxbe v. Washington Post 429
Public Citizen v. La. Attorney Discipline Bd. 579 Schad v. Mt. Ephraim 456
Public Citizen v. Office of Management and Budget 411 Schatz v. Repub. State Leadership Comm. 131
Qualitex Co. v. Jacobson Products Inc. 317 Schenck v. Pro-Choice Network 97
Radio-Television News Directors Assoc. v. FCC 487 Schenck v. U.S. 46, 65
R.A.V. v. St. Paul 74, 75, 79 Schindler Elevator Corp. v. U.S. ex rel. Kirk 414
 •••
xvzzz

Schneider v. State of New Jersey 83 TBG Insurance Services v. Superior Court 202
Sears Roebuck and Co. v. Stiffel 309 Teleprompter v. CBS 280, 504
Seaton v. TripAdvisor, LLC 170 Tennessee v. Cobbins 360
Seattle Times v. Rhinehart 71 Texas Monthly v. Bullock 118
SEC v. Am. Int' l Group, Inc. 352 Texas v. Johnson 73
SEC v. Wall Street Publ'g Institute Inc. 113 Thalheimer v. City of San Diego 586
Sega Enterprises v. Accolade Inc. 285 The Author of A Blog v Times Newspapers Ltd 205
Shapero v. Kentucky Bar Association 578 The Daily Press, Inc. v. Commonwealth of Virginia 353
Sheldon v. MGM 254 The Gillette Co. v. Wilkinson Sword Inc. 613
Sheppard v. Maxwell 335 The Miami Student v. Miami University 420
Sherrill v. Knight 43 1 Thomas v. Chicago Park District 85
Sherrod v. Breitbart 160 Thomas v. Fry's Electronics 174
Shiamili v. The Real Estate Group of New York, Inc. 168 Thompson v. Western States Medical Center 608
Shoen v. Shoen 386 Time Inc. v. Bernard Geis Associates 269, 272
Shulman v. Group W Productions 2 13 Time Inc. v. Firestone 154
Sidis v. F-R Publishing Co. 189 Time Inc. v. Hill 226, 240
Sierra Life v. Magic Valley Newspapers 3 81 Timeinc.v.Pape 151, 152
Silkwood v. Kerr-McGee 386 Times Film Corp. v. Chicago 441
Silver v. Brown 165 Times Mirror Co. v. Superior Court of San Diego Co. 222
Simon & Schuster v. New York St. Crime Victims Bd. 118 Times-Picayune v. U.S. 544
Simpson Strong-Tie Co. Inc. v. Gore 174 Time Warner Entertainment Co. v. FCC 509
Sinatra v. Goodyear 23 1 Tinker v. Des Moines Indep. Cmty. School Dist. 628, 629, 642,
Sindicato Puertorriquefio de Trabajadores v. Fortufio 587 643, 644, 646, 647
Sipple v. Chronicle Publishing Co. 224 Tire Eng'g & Distrib. v. Shandong Linglong Rubber Co. 262
SJW v. Lee's Summit R-7 School Dist. 643 TJS of New York, Inc. v. Town of Smithtown 459
Skilling v. U.S. 332 Toffoloni v. LFP Publ'g Group 236
Smith v. Daily Mail 70, 207, 221, 222 Too Much Media LLC v. Hale 389
Snepp v. U.S. 105 Triangle Publ'ns v. Knight-Ridder Newspapers 276
Snyder v. Phelps 10 1 Trudeau v. FTC 605
S.O.C. v. The Mirage 93 Turner Broadcasting System v. FCC 508, 529
Solers, Inc. v. Doe 115 Turner v. Safley 91
Sony BMG Music Entm't v. Tenenbaum 292, 293 Twentieth Century Music Corp. v. Aiken 278
Sony Computer Entertainment v. Bleem 276 Two Pesos v. Taco Cabana 318
Sony Computer Entertainment v. Connectix Corp. 285 U-Haul International v. Jartran 613
Sony Corp. of America v. Universal City Studios 28 1 UMG Records, Inc. v. Augusto 287
Sorrell v. IMS Health 6 17 UMG Recs. v. Veoh Networks 294
SpeechNow.org v. FEC 587 United Video v. FCC 505
Stanley v. Georgia 445, 448 Universal City Studios v. Corley 297
Stanton v. Metro Corp. 142 Univ. of Cincinnati Chapter of Young Am. for Liberty v. Wil-
Star Athletica, LLC. v. Varsity Brands 249 liams 640
Starbucks Corp. v. Wolfe's Borough Coffee, Inc. 321 U.S. ex rel. Milwaukee Social Democratic Publ'g Co. v.
Starr v. Sony BMG Music 560 Burleson 47
State ex rel. Cincinnati Enquirer v. Daniels 205 U.S. Telecomm'ns Ass'n v. FCC 528
State ex rel. Toledo Blade Co. v. Henry Cty. Court of Common U.S. v. Aldawsari v. Clark 340
Pleas 360 U.S. v.Alvarez 102
State Farm v. Campbell 22 U.S. v. American Library Ass' n 462
State University of New York v. Fox 570 U.S. v. Apel 87
State v. Scoles 452 U.S. v. Apple Inc. 561, 562
Stayart v. Yahoo 614 U.S. v. AT&T 558
Stenberg v. Carhart 191, 192 U.S. v. Blagojevich 333
Stewart v. Abend 261 U.S. v. Brice 352
Stratton-Oakmont Inc. v. Prodigy Services Co. 166 U.S. v. Business of Custer Battlefield Museum & Store 352
Strauss v. Horton 195 U.S. v. Bynum 202
Summers v. Adams 110 U.S. v. Cable News Network 340
Susan B. Anthony List v. Driehaus 104 U.S. v. Caldwell 367
Sussman v. ABC 21 4 U.S. v. Caronia 609
Suzuki Motor Corp. v. Consumers Union 172 U.S. V. C.I.O. 54
Swirsky v. Carey 256 U.S. v. Corbin 358
Syracuse Peace Council v. FCC 486 U.S. v. Criden 371
Tan v. Le 132 U.S. v. Daily Gazette Co. and MediaNews Group, Inc. 548
Taus v. Loftus 218 U.S. v. Drew 533
Taylor v. Franko 466 U.S. v. Edge Broadcasting 502, 572
Taylor v. Roswell Indep. School Dist. 644 U.S. v. Eichman 74
Taylor v. Sturgell 410 U.S. v. El-Mezain 58
 •
xix

U.S. v. Extreme Associates 447 von Bulow v. von Bulow 386

U.S. v. Farhane 57 V Secret Catalogue v. Moseley 321
U.S. v. Gupta 349 Waits v. Frito-Lay 232
U.S. v. Hamilton 104 Walker v. Texas Div., Sons of Confederate Veterans, Inc. 110,
U.S. v. Handley 451 11 1
U.S. v. Heckman 453 Waller v. Georgia 347
U.S. v. Hudson & Goodwin 42 Wal-Mart Stores v. Samara Brothers 318
U.S. v. Jones 199 Ward v. Rock Against Racism 84
U.S. v. Kaczynski 351 Warner-Lambert Co. v. FTC 600
U.S. v. Kilbride 462 Warren Publishing v. Microdos Data Corp. 250
U.S. v. Little 462 Washington Post v. Kennedy 133
U.S. v. Love 453 Washington v. Heckel 620
U.S. v. Marcavage 88 Watchtower Bible and Tract Soc. v. Vill. of Stratton 83
U.S. v. Marchetti 105 Watson v. Philip Morris 576
U.S. v. Mehanna 58 Watts v. U.S. 77
U.S. v. Miami University 421 WEC Carolina Energy Solutions LLC v. Miller 534
U.S. v. Microsoft Corp. 540 Weight Watchers International v. FTC 604
U.S. v. Midwest Video Corp. 504 Weise v. Casper 81
U.S. v. National Treasury Employees Union 106 Welling v. Weinfeld 226
U.S. v. Nixon 4 16 Wendt v. Host International 232
U.S. v. Nosal 533 Wen Ho Lee v. Dept. of Justice 375
U.S. v. O'Brien 72 Western Trad. P'ship, Inc. v. Attorney General of Montana 588
U.S. v. Perelman 104 White v. Samsung 232
U.S. v. Playboy Entertainment Group 511 Whitney v. California 49, 52
U.S. v. Reidel 445 Whole Woman's Health v. Hellerstedt 193
U.S. v. Russell 453 Wilkinson v. Jones 510
U.S. v. Schales 450 Williams v. Gaye 256
U.S. v. Southwestern Cable Co. 504 Williams v. Pennsylvania 13
U.S. v. Sterling 376 Williams & Wilkins v. U.S. 267
U.S. v. Stevens 76 Williams-Yulee v. Fla. Bar 13
U.S. v. Swartz 353 Wilner v. Nat'l Security Agency 4 14
U.S. v. The Progressive 68 Wilson v. A.H. Belo Corp. 481
U.S. v. Thielemann 453 Wilson v. CIA 106
U.S. v. Thirty-Seven Photographs 445 Wilson v. Layne 212, 213
U.S. v. Thomas 44 7 Winegard v. Oxberger 380
U.S. v. Thompson 349 Winter v. DC Comics 238
U.S. v. Treacy 372 Wirta v. Alameda-Contra Costa Transit District 594
U.S. v. Twelve 200-foot Reels of Super 8mm Film 445 Wisconsin Right to Life Political Action Committee v. Barland
U.S. v. United Foods Inc. 579 587
U.S. v. Whorley 451 Wisconsin v. Mitchell 75
U.S. v. Williams 450 WNET, Thirteen v. Aereo, Inc. 513
U.S. v. Windsor 9, 196 Wolston v. Reader 's Digest Assn. 155
U.S. v. X-Citement Video Inc. 449 Woodall v. Reno 98
Utah Gospel Mission v. Salt Lake City Corp. 94 Wood v. Moss 80
Va. Broad. Corp. v. Commonwealth 359 Wooley v. Maynard 110
Valadez v. Emmis Communications 176 World Wide Rush, LLC v. City of Los Angeles 596
Valentine v. Chrestensen 565 WPIX, Inc. v. ivi, Inc. 513
Valley Broadcasting Co. v. U.S. District Court 350 Wynar v. Douglas County Sch. Dist. 643
Valley Broadcasting v. U.S. 572 Yates v. U.S. 51
Vance v. Universal Amusement 455 Yeo v. Town of Lexington 640
Vaughn v. Rosen 398 Yonaty v. Mincolla 132
Venetian Casino Resort v. Local Joint Exec. Bd. of Las Vegas Young v. American Mini-Theatres 456
93 Young v. New Haven Advocate 165
Ventura v. Kyle 125 Zacchini v. Scripps-Howard Broadcasting 23 7
Verizon v. FCC 527 Zauderer v. Office of Disciplinary Counsel 573, 578
Vernor v. Autodesk 287 Zelenka v. Wisconsin 30, 381
Viacom Int'l, Inc. v. YouTube, Inc. 293, 294 Zeran v. America Online 166
Vindicator Printing Co. v. Wolff 353 Zerilli v. Smith 370
VIP of Berlin v. Town of Berlin 459 Zervos v. Trump 183
Virgil v.Time Inc. 223 Zherka v. Amicone 136
Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Zurcher v. Stanford Daily 3 91
Council 567
Virginia v. Black 78
Vivid Entertainment v. Fielding 460
 Chapter One 1

The American Legal System

merica has become a nation of laws, lawyers and lawsuits. Both the number of lawsuits
being filed and the number of lawyers have skyrocketed in recent generations.
ationwide, 1.3 million lawyers practiced law in the United States in 2018, three
times as many as in 1978. For good or ill, more people with grievances are suing somebody.
The media have not escaped this flood of litigation. The nation's broadcasters, cable and
satellite television providers, newspapers, magazines, wire services, entertainment compa-
nies, internet services and advertising agencies are constantly fighting legal battles. Today
few media executives can do their jobs without consulting lawyers. Moreover, legal problems
are not just headaches for top executives. Working media professionals run afoul of the law
regularly, facing lawsuits and even jail sentences. Million-dollar verdicts against the media
are no longer unusual. For example, the Internet company Gawker was bankrupted out of
business after a Florida jury in 2016 ordered the company to pay $140 million in damages
for invasion of privacy for posting a sex tape of professional wrestler Hulk Hogan.
Big national media are by no means the only targets. The growth ofsocial media has provid-
ed ample examples ofindividuals being sued for posting comments on Face book, Twitter, Insta-
gram and Yelp. Likewise, anyone who works in journalism, public relations, advertising, enter-
tainment or digital media may risk lawsuits, and threats of lawsuits, for anything from libel to
copyright infringement to invasion of privacy.
More than ever before, a knowledge of media law is essential for a successful career in
mass communications. This textbook was written for communications students and media
professionals, not for lawyers or law students. We will begin by explaining how the American
legal system works.

THE KEY ROLE OF THE COURTS

Mass media law is largely based on court decisions. Even though Congress and the 50
state legislatures have enacted many laws affecting the media, the courts play the decisive
role in interpreting those laws. For that matter, the courts also have the final say in interpret-
ing the meaning of our most important legal document, the U.S. Constitution. The courts
have the power to modify or even overturn laws passed by state legislatures and Congress,
particularly when a law conflicts with the Constitution. In so doing, the courts have the
power to establish legal precedent, handing down rules that other courts must ordinarily
follow in deciding similar cases.
But not all court decisions establish legal precedents, and not all legal precedents are
equally important as guidelines for later decisions. The Supreme Court of the United States
is the highest court in the country; its rulings are generally binding on all lower courts.
On matters of state law the highest court in each of the 50 states ( usually called the state
supreme court) has the final say unless one of its rulings somehow violates the U.S. Consti-
tution. On federal matters the U.S. Courts of Appeals rank just below the U.S. Supreme
Court. All of these courts are appellate courts; cases are appealed to them from trial courts.
Trial vs. appellate courts. There is an important difference between trial and appellate
courts. While appellate courts make precedent-setting decisions that interpret the meaning
of law, trial courts are responsible for deciding factual issues such as the guilt or innocence
of a person accused of a crime. This fact-finding process does not normally establish legal
2 The American Legal System

precedent: precedents. The way a judge or jury decides a given murder trial,
a case that other for instance, sets no precedent for the next murder trial. The fact
courts rely on when that one alleged murderer may be guilty doesn't prove the guilt of
deciding future cases the next murder suspect.
with similar facts or In civil (i.e.,non-criminal) lawsuits, thisisalsotrue.Atrialcourtmay
•
issues.
have to decide whether a newspaper or broadcaster libeled the local
mayor by falsely accusing the mayor ofwrongdoing. Even if the media
appellate court: did and if the mayor wins his or her lawsuit that doesn't prove the
a court to which a find- next news story about a mayoral scandal is also libelous. Each person
ing from a lower court suing for libel like each person charged with a crime is entitled to
may be appealed. his or her own day in court.
Finding facts. The trial courts usually have the final say about
these questions offact. An appellate court might rule that a trial court
questions of fact:
misapplied the law to a given factual situation, but the appellate
resolutions of factual
court doesn't ordinarily reevaluate the facts on its own. Instead, it
disputes that are
decided by a jury. sends the case back ( remands) to the trial court with instructions
to reassess the facts under new legal rules written by the appellate
court. For instance, an appellate court might decide that a certain
remand: piece of evidence was illegally obtained and cannot be used in a
to send back to a lower murder trial. It will order the trial court to reevaluate the factual
court for evaluation issue of guilt or innocence, this time completely disregarding the
based on new legal illegally obtained evidence. The appellate court's ruling may well
rules. affect the outcome of the case, but it is still the job of the trial court
to decide the factual question of guilt or innocence, just as it is the
job of the appellate court to set down rules on such legal issues as
the admissibility of evidence.
This is not to say trial courts never make legal (as opposed to fact-
finding) decisions: they do so every time they apply the law to a factu-
al situation. But when a trial court issues an opinion on a legal issue,
that opinion usually carries little weight as legal precedent.
Sometimes there is high drama in the trial courtroom, and that
may result in extensive media coverage. One trial verdict may even
inspire (or discourage) more lawsuits of the same kind. Still, the
outcome of a trial rarely has long-term legal significance. On the
other hand, a little-noticed appellate court decision may funda-
mentally alter the way we live. That is why law textbooks such as
this one concentrate on appellate court decisions, especially U.S.
Supreme Court decisions.

STRUCTURE OF THE U.S. COURT SYSTEM

Because the courts play such an important role in shaping the

law, the structure of the court system itself deserves some explana-
tion. Fig. 1 shows how the state and federal courts are organized. In
the federal system, there is a nationwide network of trial courts at
 Chapter One 3

United States
Supreme Court FIG. 1. Organization
State
of the federal courts
Supreme Court
and a typical state
U.S. Circuit Courts court system.
of Appeals
Federal State Courts
Regulatory of Appeals
Agencies
U.S. District
Courts
State Trial Courts

the bottom of the structure. Next higher are 12 intermediate appellate courts serving vari-
ous regions of the country, with the Supreme Court at the top of the system.

U.S. District Courts

In the federal system there is at least one trial court called the U.S. District Court in each
of the 50 states and the District of Columbia. Some of the more populous states have more
than one federal judicial district, and each district has its own trial court or courts. As trial
courts, the U.S. District Courts have limited precedent-setting authority. Nevertheless, a U.S.
District Court decision occasionally sets an important precedent. The primary duty of these
courts, however, is to serve as trial courts of general jurisdiction in the federal system; that is,
they handle a variety of federal civil and criminal matters, ranging from civil disputes over
copyrights to criminal trials of persons accused of acts of terrorism against the United States.

U.S. Courts ofAppeals

At the next level up in the federal court system, there are U.S. Courts of Appeals, often
called the circuit courts because the nation is divided into geographic circuits. That term, inci-
dentally, originated in an era when all federal judges (including the justices of the Supreme
Court) were required to be "circuit riders." They traveled from town to town, holding court
sessions wherever there were federal cases to be heard. Each circuit court today serves a
specific region of the country, and most still hear cases in various cities within their regions.
There are 11 regional circuit courts. Fig. 2 shows how the United States is divided into
judicial circuits. In addition, a separate circuit court (the U.S. Court of Appeals for the D.C.
circuit) exists solely to serve Washington, D.C.; it often hears appeals of decisions by federal
agencies, many of them involving high-profile issues. Many ''D.C. circuit'' judges have been
promoted to the Supreme Court. There is also a U.S. Court of Appeals for the Federal
Circuit. Unlike the other circuit courts, this one serves no single geographic area. Instead, it
has nationwide jurisdiction over certain special kinds of cases, including patent and customs
appeals and some claims against the federal government. This court is the product of a
merger of the old Court of Claims and the Court of Customs and Patent Appeals. This book
will generally refer to these courts by their numbers (e.g., First Circuit, Ninth Circuit).
4 The American Legal System

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Some of the circuits have been divided over the years as the population grew. Until 1981,
the Fifth Circuit included Alabama, Georgia and Florida, the states that now comprise the
Eleventh Circuit. Legislation has been proposed repeatedly to divide the far-flung Ninth
Circuit, which serves Alaska, Hawaii and the entire west coast (nine states with a total popu-
lation of about 60 million people). Although critics say it is too large and too California-
oriented because California's huge population has resulted in many of the Ninth Circuit's
judges coming from one state, Congress has never agreed upon a plan to divide it. The
Ninth Circuit has 29 active judges, by far the largest number of any circuit. The second larg-
est circuit is the Fifth, which has 17 active judges. Each court also has senior judges who are
officially retired but volunteer to continue hearing cases.
Appeals process. The losing party in most U.S. District Court trials may appeal the deci-
sion to the circuit court serving that region of the country. The decisions of the circuit
courts produce many important legal precedents; on federal questions the rulings of these
courts are second in importance only to U.S. Supreme Court decisions. Although each
circuit court has a large number of judges, most cases are heard by panels of three judges.
Two of the three constitute a majority and may issue the majority opinion, which sets forth the
court's legal reasoning. Sometimes a case is considered so important or controversial that a
larger panel ofjudges decides the case, usually reconsidering an earlier decision by a three-
judge panel. When that happens, it is called deciding a case en bane. Ordinarily, an en bane
panel consists of all of the judges serving on a particular circuit court. As the circuit courts
grew larger, Congress authorized smaller en bane panels in some instances. The Ninth Circuit
used panels of 15 judges to hear cases en bane for a time and now uses panels of 11.
Since these appellate courts decide only matters of law, there are no juries in these
courts. Juries serve only in trial courts, and even there juries only decide factual issues (such
as the guilt or innocence of a criminal defendant), not legal issues. Appellate cases are
decided by judges alone, unassisted by a jury both in the federal and state court systems.
Circuit splits. One point should be explained about the significance of the legal prec-
edents established by the U.S. circuit courts. As long as the decision does not conflict with
a U.S. Supreme Court ruling, each circuit court is free to arrive at its own conclusions on
issues of law, which are then binding on lower courts in that circuit. A circuit court is not
Another random document with
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Mrs. Rayburn was quite willing. Many a time at Hemsborough had her
fingers itched to whip one or the other, or both, for she had scant patience
with children, and Janet had perhaps too much. But as she put forth a
hand to take hold of Fred, Frank pushed in between them, keeping the
child behind him, and crying, as he faced her like a little lion—

"No, you've whipped me, and that's enough. If you touch Fred, I'll—I'll
push you into the water! We'll run away and be lost; you shan't—you
shan't touch Fred."

"Here's a row," said Mrs. Rayburn, half frightened at the violence of the
usually gentle child, and the angry spark in his eyes. "I told you," she
continued, "that I'd let him off this time, and I will, though he'd provoke a
saint. But if you're to stay here, you must obey me, and I just mean to let
you see that at once. There, now, come to dinner, and let me hear no
more nonsense."

They followed her, a sad, quenched little couple as ever you saw. Frank
could eat no dinner; the remembrance of that terrible scene was too much
for him; and Fred, seeing this, shook his wee white fist at grandma—when
her back was turned.

Dinner over, Mrs. Rayburn seated herself in her easy-chair, and took from
her pocket Janet's list of the boys' belongings.

"What picture of your father is this on your list?" she asked. "It is not
among your clothes. You'd best give it to me to keep for you."

"Muddie said I was to keep it, and show it to Fred every day, for fear we'd
forget him. He's been so long away, you see."

"Well, show it to me."

Reluctantly, Frank drew from his pocket a little square brown case, and,
opening it, showed the handsome, pleasant face of his father.

"Oh, only that! Why, it's the cabinet one just cut to fit the case. Yes, you
can keep it. Fred there is very like him. You're like your mother. Eh,
what's that child doing over there?"

"Nuffin," said Fred, hurriedly abandoning his design to pull the needles out
of her knitting.

"You may both go now and play in the court," said Mrs. Rayburn. "There's
no flowers there for you to spoil. I'm going to take a nap, for I'm tired out
running after you. Now, mind me, boys, particularly Frank, as he's the
eldest. I'll be good to you, if you're good; but you may as well give in at
once, for I'm not like your mother, that never brought you into order by
so much as a smack. Now, you know that I'm in earnest, so run away."

They stole away, hand-in-hand. Frank sat down on the white stone steps.

"Fred, dear," he said, "I do feel so sick and foolish."

"Poo' Fwank, mine own Fwankie," and the little arms stoles round Frank's
neck, and the rosy cheek was fondly rubbed against the white one. "It
was bad of Fwed not to mind you; Fwed will mind you always now; and be
so good. Oh, Fwank, where's muddie?"

"She'll send for us as soon as ever she can. Muddie did not know that
grandma would be cross."

But, it was curious enough, Frank was not one whit surprised to find her
so.

CHAPTER V.
ALL THE WAY TO GATTIGO.

JANET hardly knew how the time passed during her journey back to
Liverpool. She was not asleep, though her fellow-travellers thought she
was, for she sat perfectly still with her eyes shut. She felt so awfully alone
that she did not know how to bear it.

Arrived in Liverpool, her first care was to secure a berth on board the
ship; she had not done so before, not being certain that the children
would not be with her. She saw the stewardess, and got her to give her a
list of the few things she might want during the passage more than what
was supplied by the company. Then she went back to her lodgings, paid
up her few debts, packed up everything, went to the school and settled
things there; finally, she had everything ready in good time.

It was well that she had so much to do, and so little time in which to do it.
For she was very unhappy, when she had time to think. She could not
reconcile herself to the step she had taken at her husband's desire. To
part with her boys—ah! It seemed cruel. Surely she could not have done
it? Surely the door would open, and a baby face peep in, and a merry
shout of "Muddie, Muddie, we've come home!" would be heard. But no, all
was silence. Fred's loudest howl would have been music to his mother.

And there was another thing that she could not help feeling uncomfortable
about. She had not told Mrs. Rayburn that Fred's trouble was so serious
that he had been imprisoned and must stand his trial. She had no
suspicion that Mrs. Rayburn was not the good-tempered, obliging person
she had always appeared, but she did know that she was a great talker
and a great gossip. She might write all this to her sister-in-law in
Hemsborough; she might even tell the boys, from whom their father so
much desired to conceal it.

It had seemed to Janet that there could be no harm in keeping back the
worst part of the story, but now she felt uneasy at having done so, being
a very truthful and candid woman. Events proved that it would have been
wiser to tell all; yet I do not think Janet was to blame for her reticence.

At last the time came for her to go on board; and she and her luggage
reached the vessel in safety. It was a lovely evening, and the Mersey as
smooth as glass, yet before the vessel left the river, poor Janet was lying
in her berth, deadly sick, and only hearing a voice as at a great distance,
saying—

"Dear, dear, fancy being took like this before we're out of the river!"

On the river, or on the broad Atlantic, it was all much the same to poor
Janet. She was never free from sickness till she found herself landed
alone in a strange land. They told her on board that she would feel all
right the moment she landed, but she did not feel much better than when
at sea. Then she dimly hoped that a night's sleep would cure her, and that
everything would cease to swim before her eyes, and leave off coming
into violent contact with her when she tried to move. But the night
brought no sleep, and no refreshment.

"I must go on to Gattigo. I must get to Fred and Gilbert. I'm going to be
ill," she said aloud. And she dressed herself with much difficulty, and
made her way to the railway station named in Gilbert's notes.
How she remembered her route, as sent her by Gilbert, how she contrived
to drag herself from place to place, and to keep her luggage together—but
that is, I believe, easier in Canada than at home—she never could
remember. Her head ached so dreadfully that the effort of moving or
speaking was agony, and every now and then she lost all sense of her
present surroundings and fell into a half-conscious state of fear and
misery, only to be realized by those who have endured the slow coming-
on of a bad fever.

She reached Gattigo at last. No Fred was visible, but Gilbert was waiting
for her.

"Why, here you are, my brave girl," he said pityingly, "and, as things have
turned out, I need not have hurried you so."

Janet caught at his arm to keep herself from falling, crying out—

"Gilbert—is he dead?"

"No, no; hold up, Janet. Why, the poor girl has fainted! Here, Brett!"—to a
passing railway clerk. "Lend me a hand."

"Your sister that you were expecting? Ah, poor girl, no doubt it was a
shock."

"I hadn't time to shock her; she took me up wrong, and thought her
husband was dead. Help me, and I'll get her into my waggon and make
tracks for home. I think she's ill by the look of her, and finding every one
curious about her would make her worse. I must get her home to my
wife; she'll manage her."

With his friend's help, he got Janet out of the station, and into his light
spring-waggon, where they made her as comfortable as possible. She had
revived a little by this time, and obediently swallowed something hot
which Brett brought for her. But before they had passed over the fifteen
miles of rough road which lay between Gattigo and "Old Man's Ferry," she
was almost unconscious; and in that state she lay for hours. Even when
this passed off, and she seemed more alive, she never spoke, nor looked
as if she knew what they were doing to her.

Mrs. Gray, a bright-looking little French Canadian, who, without a single

really good feature except her dark, vivacious eyes, was a very pretty
woman, was lost in admiration of Janet's regular features and white skin.

"But you never told me that your sister was so pretty, Gilbert?"
"I declare, I never thought about it," he answered. "Poor mother used to
be very proud of her looks, and her good marriage, poor child!"

"Gilbert, is there no chance that we may keep them here? Now that she is
getting better, we ought to settle what to say to her."

"You wish to keep them?"

"Well, think of our long, lonely winters! Even the children would be glad of
two new companions. And for me, a woman like her—ah, what a
comfort!"

"But, Aimée, the hotel notion won't work—not with Rayburn as manager;
he's done for that plan."

"I suppose so; but, should you try it with another manager, you would
want help here, and so should I. And you would have to drive to Gattigo
much oftener than now. You could trust him?"

"Well, I hope so."

"Why, Gilbert, you always say you think him innocent."

"Yes; but he failed to convince the court of it. It is a tangled skein, Aimée,
and we can settle nothing till we have him here and Janet well again."

He got up and walked once or twice up and down the long, low room, with
a cooking-stove at one end and an open grate for burning wood at the
other. Coming to a standstill near the stove, at which Aimée was busy, he
said, as if to himself—

"And one thinks of the disgrace, too."

"Now, Gilbert, the case went against him, no doubt; but there were many
who, like you, believed him innocent of all but careless folly. It would be
forgotten in time if he works steadily here, and makes people like him."

"To like him would be easy; he's a taking kind of fellow enough. Whether
he has it in him to bear up under all this misfortune, and live it down, is a
different question."

"He would have a better chance here, under your eye, than in any other
place."

"That is true. Anyhow, I have Janet and the two boys to think of."
This conversation passed one day that Janet had seemed a little better,
but it was not for some time afterwards that she was really quite herself
again; even then her weakness was very great. The first time she spoke
was a great joy to Aimée, who had begun to fear that her mind was really
affected.

Aimée had come to the bedside with a cup of soup and a dainty little bit of
toast, when something in the wistful gaze she met, made her say with a
smile—

"It is your soup, my dear. Let me raise you up a little."

"You are so kind!" Janet whispered. "Tell me, am I in a hospital? I do not

remember coming here."

"No, you were so ill. This is your brother's house, and I am his wife,
Aimée."

"And my husband—is dead," Janet said slowly.

"Not he. What made you think that? He will be here in a day or two, and
will tell you all about it himself, and why he could not come sooner."

Janet took the speaker's hand, and held it with more strength than she
looked capable of.

"You are sure—you do not say this only to quiet me?"

"No, my dear, indeed I would not be so cruel. Your Fred is in good health,
and will be here very soon now."

Janet closed her eyes and fell asleep; indeed, it seemed to her that she
did nothing but sleep until one day she awoke to find Fred sitting beside
her, watching for the opening of her eyes.
 CHAPTER VI.
MRS. RAYBURN'S CAP.

WE must now return to Kelmersdale. Happily for us, we can do so without

being sick like poor Janet!

In spite of little Fred's good resolutions, things frequently went wrong

between him and Mrs. Rayburn. She was not fond of children. Her one
idea about them was that they must be well fed, go to bed early, and
never be in the way at any time. Now, Fred was nearly always in the way.
The children had no employment and amusement, for they never went
out except into the stone court, and though they could play there for a
time, when Frank got tired of running (which he did very quickly) Fred
positively could not keep out of mischief of a very babyish, innocent kind;
but his misdemeanours made Mrs. Rayburn very angry, and once or twice
she whipped Frank for being so lazy, sitting half asleep and not seeing
after his little brother.

If she had whipped Fred, she would have done no harm, for Fred was a
boy to whom a whipping would have been a small affliction. He would no
doubt have roared during the infliction, and laughed in her face five
minutes afterwards. But Frank was very different—a sensitive, delicate
child, to whom such a punishment was a real cruelty. Not that she
whipped him severely; that she never did, but the injustice of her
proceedings and the disgrace of the punishment was breaking Frank's
heart and ruining Fred's temper. The little creature began to hate her with
an intensity of which she had no idea; she never even observed the way
in which he would sit staring at her with a frown on the smooth little
forehead, and a sidelong look occasionally at some of her belongings,
against which he was forming plans. As long as Fred lives, he will never
forget her face.

Weeks passed, and no letter came from Janet. Mrs. Rayburn grumbled,
but she really did not mind, as the children were no expense to her. But,
after a time, she received a letter from her sister-in-law at Hemsborough
which made her very angry. The letter informed her that her married
niece, Mrs. John Martin, had heard from her husband, who had gone to
America on business, and he had sent her the newspaper now forwarded
to Mrs. Rayburn. Mr. Martin had been at New Durham, had heard people
speaking of the trial that was soon to take place, and had, of course,
recognized the Hemsborough name. The paper contained an account of
Mr. Turner's transactions, his escape, the arrest of his partner, and the
trial. The account was very brief. The prisoner had denied being a partner,
though he had been assisting in the business. Of the foundry and the
actual work he knew nothing. But it came out that he had advanced a
sum of money to carry on the works, and the court was not satisfied that
he knew nothing of the deceptions practised. The upshot was that
Rayburn was sentenced to a term of imprisonment. There was no doubt
that the Frederick Rayburn so sentenced was really Hopper and Mason's
late manager, for Martin had been present at the trial, and knew him very
well.

"Here's a pretty kettle of fish, Maria!" Mrs. Rayburn cried, as the girl
entered her sitting-room just as she finished reading all this. "There's my
precious stepson been cheating right and left, somewhere in Canada, and
sent to jail for it, and no doubt, he and his wife mean to make off as soon
as he gets out, and leave the boys to me! And what can I do but send
them to the workhouse?"

"The poor little things!" said Maria. "La! Ma'am, they do no harm here."

"But what's to become of them? I can't put them to school; I haven't a

penny, thanks to their father. I just ask you what's to become of them?"

"Well, my lord will be here soon, ma'am, and maybe he'll be able to
advise you about them."

For Lord Beaucourt's visits were looked upon as the time when knotty
questions would be decided for the inmates of the Castle.

Presently it was time to summon the children to dinner, and when they
were seated at table, and Mrs. Rayburn was carving, she said to Maria—

"Poor unfortunate little souls, what's to become of them now?"

"What's the matter?" asked Frank. "Have you had a letter from muddie?"

"No, indeed, and I doubt I never shall. I wonder, Maria, did she know of
this when she was here?"

"Know of what?" Frank cried. "Do tell me, grandma."

"Indeed, I suppose you must know it sooner or later. Your father's in

trouble again. First, he loses his good place, and then he goes to Canada
and gets put in jail for cheating."
Fred was frightened, though he did not understand. Frank did, and said
boldly—

"It's not true. Father never did that—never!"

"Poor child!" said Maria. "Never mind, it's no fault of yours, if he did."

"But he did not. He couldn't," Frank insisted.

"Don't tell him not to mind, Maria, for he'll have to know it. It is all here in
black and white, printed in a newspaper."

"It's a mistake, grandma. Father did not—do that."

"My poor child, there's no use denying it. You remember John Martin—he
married my niece, Annie Thompson that was—he was foreman at Timpson
and Booth's, in Hemsborough? Do you remember him?"

"Yes, I do," Frank admitted.

"Well, he was at this place—New Durham, or Dorset, I forget which

exactly—and he saw your father tried and found guilty. He's in jail for it
now, and it would be a good thing, if they'd keep him there."

"Do you mean always? Will they keep him always?"

"It's much the same as far as you're concerned. He's got your mother out
now, and got rid of you two—I only hope it wasn't a plan laid between
them. Eat your dinner, child. Goodness knows how you're to get a dinner
when my lord puts you out of this, and it stands to reason he will not keep
you for ever."

"I can't eat. It's not that I believe it; muddie would never leave us here
always—she wants us—but—but—" the clear little voice broke down
—"muddie will come for us soon," he said, with a sob.

"I wish I could think so," Mrs. Rayburn said dolefully, "for I see nothing
before you but the poorhouse. What's that, Maria?"

"A telegram from my lord, ma'am."

The telegram gave notice that Lord Beaucourt was coming that evening to
get through some business with the steward and keepers, and to arrange
with Mrs. Rayburn about rooms, etc., for the shooting-party which was
presently to assemble at Kelmersdale.
All was now bustle and preparation. The notice was short, but still all
could easily be got ready in time. The children were sent out into the
court, and told that Lord Beaucourt must now be informed that they were
left on their grandmother's hands, and that he would probably insist on
their being sent away.

"And that means the poorhouse," Mrs. Rayburn said mournfully.

Frank sat on the steps, and for a time Fred was with him. The poor child,
being very wretched, did not observe that the young rogue soon left him,
and stole into the house.

Jacob was going in the cart to do some errands for Mrs. Rayburn. He
drove into the court presently, and the great gates were left open for him
to drive out again. Frank was looking wistfully out at the green glades in
which he was not allowed to wander, and he felt a wild longing to run out,
if only for a minute, when suddenly Fred ran out of the house, looking
somewhat scared.

"Fwank, Fwank, turn and put it out—turn quick!"

"Put what out?" said Frank, getting up.

"Gwandma's cap. Oh, I only meant to burn a hole in the wibbon, just to
vex her, but when I stwuck the match, it all blazed up—all the cap—all
blazes, and the bed! Fwank, make haste."

The little monkey had been watching grandma, and, seeing her leave the
bedroom, he had stolen in to see what she had been about. She had been
laying out her best attire to wear for the earl's arrival; on the bed lay a
silk dress and a large cap, with streamers and flowers enough for three;
on the table lay a matchbox. Here was a glorious opportunity! How vexed
grandma would be! But lace caps are highly inflammable, and the result
of his experiment frightened Fred.

The boys raced through the hall, and just as they reached the bedroom,
Mrs. Rayburn opened the door of her sitting-room, which was just
opposite. Frank scarcely saw her; he was old enough to know something
of the danger. He flung the bedroom door wide, and at the sight that met
her eyes, Mrs. Rayburn set up an appalling shout. At the sound, Fred
turned and ran off to hide. Jacob and several others came running; the
fire was soon put out, but Mrs. Rayburn's silk gown and cap were
destroyed.
"It's all out, mum; you don't need to be frightened any more," Jacob said,
looking ruefully at his singed and blackened garments. "But how on earth
did the things take fire?"

Mrs. Rayburn looked round. There stood Frank—and Frank (against his
will, for he tried not to do it) looked at the matchbox that lay open on the
floor.

"It was your doing!" she cried excitedly. "Well, that settles the matter! My
lord will insist on my sending you away, and I have nowhere to send you
but to the poorhouse. The boy who could set fire to things that way
certainly will not be kept here. You might have burned down the Castle.
It's an offence you might be sent to prison for."

"Indeed, I wish my lord would insist upon his being sent to prison, the
wicked little cub," said Jacob; "but I'm sure he'll send him out of the
Castle. Lock him up safe, mum, till my lord comes."

"I shall, Jacob; but he really ought to get a good flogging at once. I never
thought he'd do such a wicked thing."

"I'll give him a flogging that he won't forget in a hurry," said Jacob, who,
having been much frightened, was now very angry. He laid hands on the
supposed culprit, and led him out into the hall. There he took a whip from
its place on the wall, and desired Frank to take off his jacket, which Frank,
trembling and tearful but silent, was doing, when, from some hiding-
place, Fred rushed out, crying—

"'Twas me did it; you s'ant beat Fwank."

"You! I don't believe it," said Mrs. Rayburn; "why, you're only a baby."

"I'm not!" cried Fred. "I stwuck a match and set your cap in a blaze, and
then I wan for Fwank to put it out."

"Hold your tongue, Fred," said the elder boy; "he'd kill you; you're too
little to bear it."

Jacob, uttering some queer, inarticulate sound, hung up the whip and
walked oft. As long as he lived, he never forgot the look of the slender
little lad standing there ready to bear anything to shield his little brother.

Mrs. Rayburn, thus left to her own devices, took the two children to her
sitting-room, and opened a queer little hiding-hole in the thickness of the
wall, into which she pushed Frank, saying—
"There you both stay, till my lord says what is to be done with you;" and
she was in the act of pushing Fred in too, when he dived suddenly under
her ample skirts and fled, nor could she find him, though she followed as
soon as she had shut Frank in.

Frank sat down on the floor of his prison, and tried to collect his thoughts.
He had not quite succeeded when the door of the closet was softly
opened, and little Fred crept in.

"Oh, Fwank, she'll send me away and keep you!"

"How do you know?"

"I was hid away in the big room, and she and Mawia came in to dust it
and make weady; and she was telling Mawia."

"Yes; tell me what they said."

"Said I was a awful bad child, and that there was no managing the two of
us. Gwandma said she'd keep you and send me away; my lord would
manage it for her."

Frank scrambled to his feet.

"She'd send you to the poorhouse! Fred, it was very bad of you to set the
cap on fire, and you must never do such a thing again. But she shan't part
us. Who would take care of you? And I promised muddie I would. I will,
too. We'll slip out—the great gate is open still, or I'd have heard the clang
—and we'll run away."

"Oh, jolly, jolly!" cried Fred, performing as lively a dance as the space
would permit. "We'll wun away and be beggars! Won't it be fun?"

"It can't be wrong," Frank said thoughtfully. "She'd part us, and—no, it
must be right for me to save you. We'll go to Liverpool, and find our
school. Mrs. Crane was very kind to us, and she'll find out where muddie
is for us. That's what we'll do. Fred, stay here till I come back. I must go
to our room to get my money."

He was the proud possessor of a few shillings, which his mother had given
him, and a sixpence with a hole in it, given him "by father years ago," he
said himself.

He shut Fred into the closet, and stole like a little mouse out of the room
and along the passage. He took a brush and comb bag, and stuffed some
of Fred's clothes into it, with its usual contents. Another bag—a work-bag
when it was new—held some of his own clothes. The big red comforter
might be useful, for if they could not reach Liverpool before night, they
must sleep in the fields. Then the money. Father's picture was safe in his
pocket.

Then he stole back and released Fred. They crept across the hall and into
the porch. The cart was still there, for Jacob had gone to make himself
presentable after his adventures as a fireman, and the great gate was still
open. In a few moments Janet's two darlings were out of the court, and
had darted into a side path, where some shrubs concealed them from
view.

"But we must get back to the big road when we are far enough from the
Castle," said Frank, "and get to the gate. I remember the gate. Jacob
called 'gate,' and an old woman came and opened it."

"I can call 'gate' just like Jacob," said Fred. "Listen—gate!"

"Hush, hush! We'll be caught, if you shout. Come, let us get back into the
road."

The poor little souls were as merry as grigs, running and jumping, then
walking hand-in-hand, talking and laughing in the delights of their
newfound freedom. They never heard the sound of wheels, till Jacob
called "Hullo, boys!" When they stood gazing, and gave themselves up for
lost.

"Hullo, boys! What brings you here?"

"We—came out—the gate was open," Frank answered.

"And you wanted a breath of fresh air? And, indeed, 'tis a shame to keep
you mewed up in the court. But you'll be lost, and that won't do. Come
now, jump in here, and I'll take you as far as the north gate, and then you
can run back to the Castle. I'm doing this for you, Frank—you're a right
brave little chap; not for you, Fred, that wanted to burn the old place
down."

"No, not the place at all, Jacob; only grandma's cap. The west happened
of itself," Fred explained.

"Fred, it was not right," put in Frank.

"I never will again, Fwank—weally never."

"You won't have a chance, you little fool," said Jacob. "Maria was telling
me Mrs. Rayburn won't keep you, even if my lord would let her. You'll be
sent away, and Frank will stay till he's old enough to go as a page-boy at
Beaucourt. That's what Mrs. Rayburn has made up her mind to."

Fred, thoroughly frightened, clung to his poor little protector, who

whispered—

"I'll save you; only don't say a word."

They soon reached the north gate. It was open, and Jacob said to the
boys—

"Out with you now, and run home. I want to speak to Mrs. Price."

The boys tumbled out, clutching their bags. Jacob went to the lodge:
when he came back, the boys were gone. They had run across the road
and scrambled over the low fence into a field, where they hid, until Jacob
came out and put his horse into a brisk trot.

"We won't go by that road, because we'd meet him coming back," said
Frank. "We'll go along by the wall; it's nice and shady, too. By-and-by,
we'll buy some bread, and ask the way to Liverpool. This bag is very
heavy."

"So is mine," said Fred; "but come along. It's very jolly!"

Away they went—poor Janet's babies!

"WE'LL GO ALONG BY THE WALL."

CHAPTER VII.
THE BOYS' ESCAPE.
LORD BEAUCOURT arrived at Kelmersdale somewhat too early for dinner,
and, having been duly informed by Mrs. Rayburn that she was in
difficulties about the two children, he desired her to come to his study and
tell him all about it.

"Now, Mrs. Thompson—no, Rayburn, by the way—what's wrong with

you?"

"My lord, that unlucky young man, my stepson, not content with ruining
himself and me, speculating and getting dismissed, has got into worse
trouble in America. To the best of my belief, he's at this present time in
prison for some offence or other—cheating people, I believe. He wrote for
his wife, and she brought the boys to me and went off, and not a line
have I had from her since. And the boys are—well, indeed, my lord, they
are in mischief from morning to night, and I am worn out running after
them. Since the shock I got about their father, my health is not at all
good."

Being further questioned, she described the affair of that morning, and I
am sorry to say that Lord Beaucourt, who was a nobleman of a merry turn
of mind, laughed heartily.

"The little pickles!" he exclaimed. "They deserved a rod, no doubt."

"They might have burned down the Castle, my lord."

"Best thing that could happen to it, Mrs. Rayburn. It is nothing but an
expense. But stone walls four feet thick do not burn easily. Well, I will
think about it. I know several institutions that might answer; it would be
easier, of course, if they were orphans. But, never mind, we'll find a
school for them somewhere. I will talk to you again about it."

He had to talk to her again, much sooner than he either wished or

expected. As soon as dinner was fairly served, Mrs. Rayburn, who had
been assisting the somewhat inexperienced cook, went to look for Fred,
whom she expected to find in the little turret bedroom, as she had done
on similar occasions more than once. For Fred had quite a genius for
disappearing when most wanted to answer for some choice piece of
mischief. Not finding him there, she said to herself:

"He's hiding in my sitting-room, to be near Frank."

She searched the sitting-room, but, as we know, Fred was not there, nor
was Frank in the closet.
"Those boys," said Mrs. Rayburn, in a loud voice, "will live to be hanged,
as sure as my name is Lydia Rayburn. There's no use going on like this,
boys," she went on, seating herself in her easy-chair. "You're hiding, I
know, but you may as well come out. My lord will not get you punished as
you deserve, and I shall say no more about it. I forgive you both this
once."

She lay back, pretending to doze, but really watching the first movement
of curtain or tablecloth, to pounce upon the sinners. The sinners, however,
were not there to be pounced upon.

After a few moments Mrs. Rayburn's pretended doze turned into a real
one, and she filled the cosy room with portentous snores. She woke up
suddenly in a fright.

"Bother those boys!" she exclaimed. "Where on earth are they hid?" And,
getting up, she began a systematic search. They were not in her rooms,
she soon discovered, so she went out into the hall and began poking
about behind the suits of armour that stood like ghostly sentinels round
the walls. She was thus engaged when Jacob drove up to the porch. The
hall being lighted, though but dimly, he saw the housekeeper at her queer
employment.

"I had to wait some time, mum, for the parcel was sent by goods train.
Whatever are you doing, Mrs. Rayburn, mum?"

"Looking for those two young pests, if you must know. I locked Frank up—
the young one escaped me—just to keep them out of mischief while I was
busy, and now, lo and behold! They're both gone."

"When did you lock the boy up, mum?"

"At once; just after the fire was put out."

"Well, then," said Jacob, excitedly, "the boys got out somehow, for I
overtook them halfway to the north gate. I bid them run back, and I made
sure they would, but they did not, I suppose. The big fish-ponds are close
to the approach, just a bit to the left, and if the boys went near the
ponds, they're both drowned long ago. 'Tis a dangerous place for children;
keeper's two were drowned there two years ago. Well, these two were
pretty boys; 'tis a pity of them."

Jacob kept on talking in this disjointed way, because he did not want to be
questioned and have to say that he had given the boys a lift. In a simple,
cunning way, he thought that if he frightened Mrs. Rayburn sufficiently,
she would not be able to question him effectually. He succeeded, but, like
many another, perhaps he wished he had not succeeded quite so well, for
Mrs. Rayburn flopped down upon a hard and narrow hall bench with such
reckless speed that she tumbled off at the other side, and knocked down
one of the ghostly sentinels, whereupon the armour all fell apart with a
tremendous clatter, and Mrs. Rayburn set up a doleful screaming which
echoed through the old hall, and brought people running from every
direction. Even Lord Beaucourt sent to inquire what was the matter, and
received for reply a message stating that Jacob had brought word that the
two little Rayburns had been drowned in the fish-ponds. On this the earl
abandoned his dessert and came himself to the hall, where his presence
produced silence, except for Mrs. Rayburn's cries.

"Where is this man Jacob?" said Lord Beaucourt. "Oh—well, Jacob, it is too
dark for you to have seen into the ponds. What makes you so sure that
the boys fell in?"

Jacob repeated his story, and, in the alarm produced by being questioned
by "my lord," he began that pawing movement which was his way of
showing embarrassment.

"You saw the boys near the ponds, and desired them to return to the
Castle. It does not seem to me that you have any valid reason for thinking
that they went to the ponds at all. Mrs. Rayburn, go to your rooms, and I
will send out the few men we have here to look for your little grandsons."

When Mrs. Rayburn, still wailing in a terrified manner, had been removed
by the women-servants, Lord Beaucourt turned to Jacob.

"Look here, my man. You are not telling the whole truth about this matter.
You met the boys near the ponds; where did you part from them?"

"Oh, my lord, it was on the north avenue, and they got into the spring
cart and came on a bit, and then I bid them run home."

"Stand still, if you please." Jacob ceased to paw. "Had you any reason for
concealing this from Mrs. Rayburn?"

"Only, my lord, I thought she'd be angry, seeing the boys had run off
without her knowledge."

"Another time I should advise you to avoid foolish concealments. If

anything has happened to these boys, whom you were the last person to
see, and about whom you tell their grandmother half the truth, adding a
perfectly gratuitous suggestion that the children are drowned, you may
find yourself in a very awkward position. Mansfield, bring me my hat and
coat, and send some one to the keeper's lodge, desiring him to meet me
at the ponds at once."

Jacob volunteered to carry the message, and as Lord Beaucourt had very
little suspicion that he had put the boys into the pond, he allowed him to
go. I may mention that Jacob was not in the least alarmed, being quite
too stupid to understand Lord Beaucourt's meaning.

The ponds were searched. They were clear and shallow, save for one deep
hole where there was a spring; this was searched with long poles tipped
with hooks. Nothing was found. The park, shrubberies, and gardens were
thoroughly searched, and as no trace of the boys was found, next
morning the search was continued outside the estate. It was found that
two boys answering to the description had been seen by some workmen
going towards the bridge over the Kelmer, which crossed the road after
leaving Kelmersdale Park. Near the bridge the searchers found a bag
containing a brush and comb and some underclothing, marked F. R. The
bag was red, with the word "Janet" worked on it in white, and Mrs.
Rayburn recognized it as the boys' property.

Beyond the fact that this proved that the children intended to run away, it
was a useless find, and, in spite of a most diligent search, the boys were
not heard of. After a time, people generally believed that they had been
tempted to clamber down to the water, and had fallen in. The Kelmer is
full of deep holes, and is known as a river that seldom gives up a victim.
Jacob, when he heard this conclusion spoken of, remarked that he had
always said that the boys were drowned. Mansfield, Lord Beaucourt's
man, who was present, replied—

"It is well for you that the old woman at the lodge declared that the boys
were not with you when you passed the gate."

"Why?" asked Jacob, after a pause for meditation.

"Well, as they were seen alive on the road, and did not go out with you,
don't you see that there can be no suspicion that you made away with
them, though you were so queer about them that first night?"

Jacob considered this gravely, and then said, "Any man that says that I
would do the like, I shall be obliged to see whether his fist or mine is the
heaviest. They were pretty boys, and Frank had a lot of pluck. But I
always said they were drowned," he concluded defiantly.

Mansfield shrugged his shoulders and said no more.

Where were the boys all this time? Not drowned in the Kelmer, at all
events. The poor little couple had wandered on all that day, very happy in
the freedom they had gained so easily. The bread they bought at a tiny
village seemed to them the sweetest they had tasted since they left
"muddie." They reached Rugeley, to which this hilly and devious old road
led in a roundabout fashion, peculiar to old roads, about an hour after
Jacob left the station with the cart. As they drew near, meaning to ask the
first man they met to send them back to Liverpool, they heard a loud,
rough voice from a room in the station call out, "Here's another parcel for
Kelmersdale. Is that man Jacob gone yet?"

Not waiting for the reply, the boys fled as fast as tired out little legs would
go. In their fright they passed the gate by which they had entered,
running on all the way down the long platform until they reached the end
of it. It was a raised platform ending abruptly, and in the twilight they
very nearly fell off, stopping but just in time. They looked round and saw
—or fancied they saw—a man coming after them. At a siding stood a
couple of vans, waiting there to be joined to the goods train from the
north presently; one door was open.

"In here, Fred," cried Frank, quickly.

In they clambered, sat down on some sacks of wool behind the door, and
listened. Yes, a man came and put a big box in through the door, which he
then shut. The boys were in utter darkness, but the sacks were soft; that
is, the wool was, and they were tired. So very soon they were fast asleep.
Fred lying along the sacks with his head on Frank's knee, Frank's arms
round him, and Frank's voice murmuring in his sleep—

"Don't be afraid, Fred. We're quite safe, and to-morrow we—will—search

for muddie."

During the night, the train was coupled on to that expected from the
north, and before the boys awoke, they were stationary in another town,
far enough from Rugeley. They had a glimmer of light now, but for a few
minutes they could not imagine where they were. Then they remembered
their escape, and how they had crept in here to hide; but that the van had
moved since they entered it they did not in the least suspect.

"Oh, Fwank, I'm so hungry!" said Fred.

"Here's some bread I kept for you, because I know you're such a hungry
boy. Eat it up."

Fred required no pressing; the bread disappeared.