The Semiotics of Film in US Supreme Court Cases
Purchase on Springer.com
$29.95 / €24.95 / £19.95*
* Final gross prices may vary according to local VAT.
This chapter explores the treatment of film as a cultural object among varied legal subject matter in US Supreme Court jurisprudence. Film is significant as an object or industry well beyond its incarnation as popular media. Its role in law – even the highest level of US appellate law – is similarly varied and goes well beyond the subject of a copyright case (as a moving picture) or as an evidentiary proffer (as a video of a criminal confession). This chapter traces the discussion of film in US Supreme Court cases in order to map the wide-ranging and diverse relations of film to law – a semiotics of film in the high court’s jurisprudence – to decouple the notion of film with entertainment or visual truth.
This chapter discerns the many ways in which the court perceives the role of film in legal disputes and social life. It also illuminates how the court imagines and reconstitutes through its decisions the evolving forms and significances of film and film spectatorship as an interactive public for film in society. As such, this project contributes to the work on the legal construction of social life, exploring how court cases constitute social reality through their legal discourse. It also speaks to film enthusiasts and critics who understand that film is much more than entertainment and is, in practice, a conduit of information and a mechanism for lived experience. Enmeshed in the fabric of society, film is political, commercial, expressive, violent, technologically sophisticated, economically valuable, uniquely persuasive, and, as these cases demonstrate, constantly evolving.
- Austin, Regina. 2006. The next “New Wave”: Law-genre documentaries, lawyering in support of the creative process, and visual legal advocacy. Fordham Intellectual Property Media & Entertainment Law Journal 16: 809–868.
- Beebe, Barton. 2004. The semiotic analysis of trademark law. UCLA Law Review 51: 621, 629–633.
- Buchanan, Ruth, Rebecca Johnson. 2008. Strange encounters: Exploring law and film in the affective register. Law, Politics & Society, 46: 33, 33–34. See also Elizabeth Carolyn Miller. 2008. Framed: The new woman criminal in British culture at the Fin de Siècle. Ann Arbor: University of Michigan Press.
- Chase, Anthony. 2002. Movies on trial: The legal system on the silver screen. New York: The New Press.
- Chase, Anthony. 1996. Legal reelism: Film as legal texts, ed. John Denvir. Urbana: University of Illinois Press.
- Johnson, Rebecca. 2000. Leaving normal: Constructing the family at the movies in law. In New perspectives on deviance: The construction of deviance in everyday life, ed. Lori G. Beaman, 163–179. Scarborough: Prentice-Hall.
- Kahan, Dan M., David A. Hoffman, and Donald Braman. 2009. Whose eyes are you going to believe: Scott v. Harris and the perils of cognitive illiberalism. Harvard Law Review 122: 837–906.
- Kamir, Orit. 2006. Framed: Women in law and film. Durham: Duke University Press.
- Leyda, Jay. 1973. Kino: A history of the Russian and Soviet film, 161. Princeton: Princeton University Press.
- Lucia, Cynthia. 2005. Framing female lawyers: Women on trial in film. Austin: University of Texas Press.
- Mnookin, Jennifer. 1998. The image of truth: Photographic evidence and the power of analogy. Yale Journal Law & Humanities 10: 1.
- Murray, Melissa. 2009. Strange bedfellows: Criminal Law, family law, and the legal construction of intimate life. Iowa Law Review 94: 1253–1314.
- Schauer, Fred. 1979. Speech and “Speech” – Obscenity and “Obscenity”: An exercise in the interpretation of constitutional language. Georgetown Law Journal 67: 899, 906, 922, 923, 926.
- Sherwin, Richard. 2011. The visual persuasion project at New York Law School. http://www.nyls.edu/centers/projects/visual_persuasion. Accessed 28 Jan 2011.
- Silbey, Jessica. 2001. Patterns of courtroom justice. Journal of Law Society 28: 97–116. CrossRef
- Silbey, Jessica. 2002. What we do when we do law and popular culture. Law & Society Inquiry 27: 139, 141–142.
- Silbey, Jessica. 2004. Judges as film critics: New approaches to filmic evidence. University of Michigan Journal of Law Reform 37: 493–572.
- Silbey, Jessica. 2005. Filmmaking in the precinct house and the genre of documentary film. Columbia Journal of Law & the Arts 29: 107–108.
- Silbey, Jessica. 2007a. A history of representations of justice: Coincident preoccupations of law and film. In Representations of justice, ed. Masson Antoine and O’Connor Kevin, 131–152. New York: P.I.E. – Peter Lang.
- Silbey, Jessica. 2007b. Criminal performances: Film, autobiography, and confession. New Mexico Law Review 37: 189–243.
- Silbey, Jessica. 2008. Cross-examining film. University Maryland Law Journal Race, Religion Gender & Class 8: 17.
- Stone, Geoffrey, et al. 1996. Constitutional law, 3rd ed, 1226–1227. Gaithersburg: Aspen.
- The Semiotics of Film in US Supreme Court Cases
- Book Title
- Law, Culture and Visual Studies
- Book Part
- Part II
- pp 179-203
- Print ISBN
- Online ISBN
- Springer Netherlands
- Copyright Holder
- Springer Science+Business Media Dordrecht.
- Additional Links
- Industry Sectors
- eBook Packages
- Editor Affiliations
- 2. Recherche Droits & Perspectives du Droit, équipe René Demogue, Universite Lille
- 3. New York Law School
- Author Affiliations
- 1. Suffolk University Law School, 120 Tremont Street, Boston, MA, 02108, USA
To view the rest of this content please follow the download PDF link above.