gavel
Media Law: COM 416 WI -- HON 250
Spring 2010 | MWF 12-12:50 p.m. | Laughlin 116
Instructor: Dr. Brian Carroll
Office:
LAU 100
Office phone:
706-368-6944
Office hours:
MWF 10-noon | by appointment | walk-ins welcome


have a question? email the prof @ bc at berry.edu

Week-by-week | Course blog | U.S. Supreme Court blog | RCFP news | Class photo

Paper topics and research resources| Paper projects Spring '10

Note: This page will change; please refer to it frequently (and not merely print it out the first week of class).

Lose your paper syllabus? Download another one | Looking for a job? The Berry COM Job Bank


Introduction:

In COM 416 we will examine the delicate balance that exists between freedom and control of the mass media in the United States. The First Amendment of the U.S. Constitution is the major guarantee of freedom of expression. Since the courts, especially the U.S. Supreme Court, are ultimately responsible for interpreting the First Amendment and maintaining the balance between freedom and control, our study will focus on judicial decisions and reasoning. It is essential to recognize, though, that other very significant sources of press freedoms and controls exist. Therefore, we also will consider other factors that influence the balance between freedom and control of mass communication, including statutory law, executive and administrative actions, and ethical concerns. Non-Communication majors, please note that this course does not take a case study approach, though judicial case review is an emphasis.

Course objectives:

"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
--The First Amendment of the U.S. Constitution

What you will need (required):
•Pember, Donald R. Mass Media Law (Boston: McGraw Hill).

What you may want (not required):
•Lisby, Gregory, Mass Media Law in Georgia
•Index cards for landmark cases
Blue Book of Law Citation

Stuff you need to know:

Instructor: Dr. Brian Carroll
Office: Laughlin Hall 100
Office phone: 706.368.6944 (anytime)
E-mail: bc@berry.edu OR bc@unc.edu
Home page: www.cubanxgiants.com

Course Web site and online syllabus (refer to it daily; do not merely print it out the first week of class; it will change): www.cubanxgiants.com/berry/416

Course blog: http://berrylaw.blogspot.com (for posts related to our class discussions, legal news of the day, and sources and items that might benefit your research projects)

Policies

Attendance: Be here every day on time, just as you would for a job, surgery or a haircut. Everyone gets one unexcused absence >> no questions asked. Stuff happens. After that, unexcused absences will result in deductions from the "professionalism and participation" portion of your grade -- one point for each unexcused absence and/or late arrival. What is excused is at the instructor's discretion, so you are best served by discussing situations and extraordinary circumstances prior to class whenever possible.

Late submissions: Because the due dates for written assignments are known well in advance, there is no reason why the assignments cannot be completed on time. Moreover, it would be unfair to selectively grant extensions. All late work, therefore, will be penalized. Assignments received from one to three days late will be penalized one letter grade. Assignments received four to seven days late will be penalized two letter grades. No assignments will be accepted more than one week late. Failure to submit the final paper will result in automatic failure for the course.

Distractions: This instructor is easily distracted. Ringing cell phones, therefore, will be lobbed out of the classroom window. Chatter during lecture will result in "professionalism and participation" point deductions, particularly after a warning has been issued. If you have to arrive late or leave early, clear it with the instructor beforehand whenever possible. Do homework for other classes somewhere else. Basic civility is what is expected. If you are at all unclear as to what “basic civility” implies, the instructor would be more than happy to elaborate.

Readings: All reading assignments should be completed before the class period for which they are assigned. You may be called on in class to answer questions related to the day’s readings. In addition, I will expand upon and update the material in the texts. It will be extremely difficult for you to follow the lectures, participate in discussion, respond to my questions and ask intelligent questions if you come to class ill prepared. This is especially true for our mock trials, during which your classmates will be depending on you to pull your weight.

How you will be graded:

Two exams 50% total (or 25% each)
Research paper 40% (breakdown below)
Professionalism and participation 10%
Total
100%

To compute your final grade, add up your point totals, apply the appropriate percentages, then refer to the grading system summarized here:

A
93-100
A-
90-92
B+
88-89
B
83-87
B-
80-82
C+
78-79
C
73-77
C-
70-72
D+
68-69
D
60-67
F
59 and below

Definitions of the grades can be found in the Berry College Bulletin. “A” students will demonstrate an outstanding mastery of course material and will perform far above that required for credit in the course and far above that usually seen in the course. The “A” grade should be awarded sparingly and should identify student performance that is relatively unusual in the course.

Course assignments

Exams: The instructor favors short answer and essay questions. However, due to the size of the class, it is possible that machine-graded answer sheets will be used. You might, therefore, be tested using multiple-choice and true/false questions, as well.

Mock trials: A few times during the semester, you will try a case. You will familiarize yourself with the facts of the case and the legal questions in play. You will, as a member of a legal team comprised of your classmates, argue an outcome before the judge (the instructor). Preparation and participation in these mock trials, which previous classes have found rewarding and even fun, are components of your professionalism and participation grade.

Research paper: In most cases, students will choose a mass media-related legal case that has not yet been decided at the U. S. Supreme Court level. Students will argue one side or the other, but remember that we are champions of the First Amendment. Students will need to read the actual court documents; these are the primary sources. Students will base arguments on research found in peer-reviewed law journals and reviews. This paper will, therefore, be persuasive in nature, demonstrating research in support of a legal position on a mass media-related legal issue.

The paper should be typed in 12-point Times New Roman. The format should be double-spaced. The length should be about 10 pages (give or take a page). Style guidelines will be discussed in class, but generally the style used is up to the author. Simply identify somewhere on the paper the style being used. The important thing is to choose one (APA, MLA, Blue Book, or Chicago), then to strictly and consistently adhere to that style.

Both your topic and your approach or argument must be approved by the professor. This is to protect you. If for the topic (and title) submission you do not have a workable topic, one may be assigned to you. Again, this is to help you. Students in the past have surrendered precious research time floundering with a complex topic. A full bibliography must accompany the paper or the paper will not be graded. Copies of the full peer-reviewed articles might be requested, as well.

Finally, the student’s signature somewhere on the submitted paper is required and will signify adherence to the Honor Code.

The 40% weight assigned to the research project breaks down in this way:

topic/paper title (the name of your dish) 10 points
paper outline (your recipe) 10 points
tentative bibliography (a list of your ingredients) 15 points
rough draft & peer editing (doing some cooking) 15 points
final paper (your dish) 50 points
total
100 points

Your final point total (X/100) will be multplied by .40 to yield the 40% component of your final course grade.

Berry Viking code
Academic dishonesty in any form is unacceptable because any breach in academic integrity, however small, strikes destructively at the college’s life and work. The code is not just policy, it is foundational to the academic environment we enjoy and in which scholarship thrives. It is in force in this classroom.

For the complete Viking Code, please consult the student handbook. In short, each student is “expected to recognize constituted authority, to abide by the ordinary rules of good conduct, to be truthful, to respect the rights of others.” The College’s mission, in part, commits to a community of integrity and justice. During an era when ethics are sometimes suspect, there seems no higher goal toward which students ought to strive than that of personal honor.

Students with special needs
If you have special needs of any kind, including learning disabilities, please let me know. Come discuss it with me. I want to make sure on the front end that we prevent any problems associated with the course. Martha Van Cise, director of the Academic Support Center, suggests: “Students with disabilities who believe that they may need accommodation in this course are encouraged to contact the Academic Support Center in Krannert Room 301 as soon as possible to ensure that such accommodations are implemented in a timely fashion.”

Finally, I believe we are here for a good time, not a long time, so let’s have some fun!

Week-by-week

(subject to change, so check back frequently, regularly)

Calendar
Topics & Cases
Readings/Assignments

Week 1: Jan. 13


Introductions, syllabus, key course concepts

What is law for? | American Legal System | Pre-test

Familiarize yourself with course blog

Read: Course outline & syllabus; Pember, Ch. 1; Jefferson on religious freedom

Sign up for NYTimes.com emailed headlines

BC podcast: Types of Law & the Legal Sys.

Democracy Video Challenge from the US State Dept. (deadline Jan. 31)

Week 2: Jan. 18 No class Monday: Martin Luther King, Jr. Day

American Legal System (.ppt) & First Amendment

Discussion of Papers:
Sample paper topic submission (1) (Word .doc)
Sample paper topic submission (2) (Word .doc)

Read: Pember, Ch. 2; Historical development (.ppt); Bill of Rights; Areopagitica by John Milton (.pdf download)

Week 3: Jan. 25

First Amendment & Prior restraints -- censorship (.ppt)

Our first timeline

Read: Pember, Ch. 2; Three Principles of Academic Honesty (Word .doc)

View: Plagiarism tutorial

Due Wednesday, Jan. 27: Topic/paper title. Typed up, printed out and turned in (no email)

Week 4: Feb. 1 First Amendment & Sedition

-- censorship, contin'd

Cases:
Barron v. Baltimore | Schenck v. U.S. | Abrams v. U.S.

The Red Scare (The Smith Act): McCarthy hearings | The Majestic

Read: Pember, Ch. 2

Due Monday, Feb. 1: Topic re-submits

News: We now have Westlaw

Week 5: Feb. 8 School censorship | Cases: Hazelwood v. Kuhlmeier; Hosty v. Carter

Sample paper outline 1 (Word .doc)
Sample paper outline 2 (Word .doc)

Sample paper outline 3 (Word .doc)

Read: Pember, Ch. 3

New court resource: CSPAN

Week 6: Feb. 15

School censorship | Wired on the Facebook case

Tips for better law papers (Word .doc)

Censorship for funsies

No class Friday: Firsthand Friday for Evans

Read: Pember, Ch. 3

Due Monday, Feb. 22: paper outlines. Typed up, printed out and turned in (no email).

Week 7: Feb. 22

School censorship | Time/Place/Manner restrictions | Hate Speech

Stealing newspapers is in fact theft

Read: Pember, Ch. 3

(Warning: lots of chapters coming up, 4-6)

Due Friday, Feb. 26: outline re-submits. Typed up, printed out (no email).

Week 8: March 1

Libel (.ppt download)

Cases: Gertz v. Welch | Cases: New York Times v. Sullivan | RAV v. St. Paul | the Times ad

Sample law paper bibliography (need at least 5 peer-reviewed or refereed law review/journal articles)

Study Guide for midterm (Word.doc, updated)

Read: Pember, Chs. 4-6 | How to cite a law case
Week 9: March 8

Libel continued | Is this libel?

Midterm Wednesday, March 10
>>bring pens and plenty of ruled paper
>>will cover course content up to but not including libel

No class Friday: BC in New York City

Spring Break -- March 13-21!

beach balls
Read: Pember, Chs. 4-6

Listen: podcast of final libel lecture (.wav file, SPR 07)

Due Monday, March 8: Research paper bibliographies. Typed up, printed out (no email).

Week 10: March 22

Finish libel

Sample paper 1 (Word .doc)
Sample paper 2 (Word .doc)
Law paper checklist (Word .doc)

No class Friday: BC in Chapel Hill

Read: Pember, Chs. 4-6
Week 11: March 29
Privacy (.ppt)

Path of least surveillance
Privacy? Searching people
| Site tracking video surveillance by municipalities

Draft Workshop Guidelines (.doc download)
Workshop Report (what you will submit; .doc download)

No class on Good Friday

Read: Pember, Chs. 7-8

Surf: Searching public records

Listen: podcast of final privacy lecture (.wav file, SPR 08)

The original Borat

Due Monday, March 29: rough drafts to the prof; workshop partners will get them Wednesday, March 31

Week 12: April 5

Gathering Information, Source Confidentiality, Shield & Reporter's Privilege
Cases: Branzburg v. Hayes

Gathering Information: Sunshine and Light
(Access to information .ppt)
| The Sunlight Foundation

For funsies: Is this what you want? | hee-hee

Read: Pember Chs. 9-10; Georgia Sunshine Laws; Freedom of Information Act | How to File a FOIA Request | Media Reform Action Guide| CQ on federal shield law (pps. 1-15); Article on protecting sources (Toobin)
Surf:
Legal Guide for Bloggers
Listen:
podcast of "sources" lecture (.wav file, SPR 06)

Due Wednesday, April 7: Rough drafts returned to the professor, who will return them to the original authors on April 9

Week 13: April 12

Free press/Free trial
Case: Sheppard v. Maxwell | another Sheppard source
| Time magazine coverage of the case

No class Friday -- BC at Covenant College

Read: Chs. 11-12

Due Monday, April 19: Final paper

Week 14: April 19
Read: Pember, Ch. 15
Look: Spectrum allocation chart (.pdf download)

Listen: commercial speech podcast No. 1 of lecture (.wav file, SPR 06) AND No. 2 (.wav) (SPR 06); >>lecture on copyright

BC's column on "orphan" works

Study: Study Guide for the final

Week 15: April 26

Wrapping up | Review for the Final | Copyright law

Explanation of Fair Use via YouTube

Final Exam: tba

pepp patty

keep your eyes on the prize!

>

...

Paper Topic Ideas and Media Law Resources

In need of a paper topic? These sites present current news about the media and the law. Check these daily because the content changes.

ADLAW: This a great source of legal information for advertising and marketing researchers.

AEJMC law paper abstracts: From the Association for Educators in Journalism & Mass Communication, this page lists accepted paper abstracts for AEJ's law division, papers that were presented at the annual convention. Scroll down to "Law Division." There are also abstracts available for previous AEJMC conventions.

Citizen Action Project: Provides researchers with direct access to state laws, audits, state freedom of information experts and access laws, among many other things. Information covers all 50 states, so an excellent resource for anyone doing a project on one or more states.

Citizen Media Law Project : Legal Resources for citizen media, from the Berkman Center for Internet & Society.

Cornell Law School: A full service site with links to news, cases, legal topics by category.

Copybites copyright blog

Electronic Frontier Foundation:   Based in San Francisco, EFF is a donor-supported membership organization that lobbies for basic rights online and is an advocate for free expression in the digital age. There is always plenty of material here for those interested in Internet law.

EPIC: EPIC stands for the Electronic Privacy Information Center. It is a public interest research center in Washington, D.C. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values. If you're interested in privacy issues on the Internet, this should be your first stop.

Free Expression Policy Project: Founded in 2000, FEPP provides research and advocacy on free speech, copyright, and media democracy issues. In May 2004, FEPP became part of the Democracy Program at the Brennan Center for Justice at NYU School of Law. Subheads include Art Censorship, Censorship History, Censorship of Youth, Internet, Copyright, Media Policy, Political Speech, Sex and Censorship, Violence in the Media.

The Freedom Forum: The Freedom Forum is a nonpartisan, international foundation dedicated to free press, free speech and free spirit for all people. This link to the Freedom Forum First Amendment page keeps an eye on free speech issues around the globe.

IPTAblog, about the relationship between law, communication, technology and the creative arts, by Andrew Raff

JDSupra, a relatively new source for all sorts of legal documentation, cases, briefs and the like. It's the "WebMD" of the legal profession. And it's free!

Jim Romenesko's Media News: This Poynter Institute site is updated daily with news from around the country about the media. There are often good gossipy tidbits in here that can lead to a media law paper.

Law.com: Think of this as a daily news Web site for practicing lawyers. You can search for topics by legal area and sign up for various e-mail lists.

Media Law Center: The MLRC – formerly the Libel Defense Resource Center – is a non-profit information clearinghouse originally organized by a number of media organizations to monitor developments and promote First Amendment rights in the libel, privacy and related legal fields. The "Hot Topics" section is especially useful.

New York Times Technology News: This link to The New York Times Technology page may help those who are interested in Internet law topics. Look for Carl Kaplan's column on cyberlaw.

Politechbot: Politech is the moderated mailing list of politics and technology run by Declan McCullagh, a cyber muckraker for WIRED magazine. Topics include privacy, free speech, the role of government and corporations, antitrust, and more. This is another good place for information on Internet law topics.

Reporters Committee For Freedom of the Press: The Committee is a major national -- and international -- resource in free speech issues, disseminating information in a variety of forms, including a quarterly legal review, a bi-weekly newsletter, a 24-hour hotline, and various handbooks on media law issues. Academicians, state and federal agencies, and Congress regularly call on the Committee for advice and expertise, and it has become the leading advocate for reporters' interests in cyberspace.

Tully Center for Free Speech >> Free Speech Resources: The Center's mission is to "educate university students and the public about the important value of free speech." At Syracuse University.

University of Iowa Library's Communication & Media Law Resources: It is just what it is called, and the page has an excellent search function by topic at the bottom.

You Are Being Watched: Spotlights the high costs of camera surveillance systems, both in terms of money and civil liberties. Do we want a society where we live under an ever-watchful video eye?

***

Once you think you have a topic, this is a good place to begin investigating what others have written about your topic. This research will comprise the bulk of your literature review.

AEJMC Convention Papers: This link will take you to an online database of papers presented at the annual national AEJMC conference. Be warned that the search is slow, but pretty thorough.

Journalism and Mass Communication Quarterly: This journal is NOT online, but a table of contents for each issue can found at this site. Then you'll have to dig up the journal in the library.

***

Links to government Web sites that may assist you in your research. 

U.S. Supreme Court: This is a link to the U.S. Supreme Court's official Web site, which contains opinions, links to oral arguments and other information about the court. Be sure to check out the Court's media center, where you'll find podcasts of oral arguments, among other cool artifacts.

Thomas: Thomas is a complete guide to U.S. Congressional activity. Here, you'll find the text of laws, bills and hearings. For a complete list of what Thomas offers, click here.

FirstGov: This is the "yahoo" guide to the U.S. government on the Web. The site was launched in September 2000 as the only official U.S. Government portal to 30 million pages of government information, services, and online transactions.

The Federal Communications Commission: The Federal Communications Commission (FCC) is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions. This site offers links to regulations, news, complaint forms, bureaus within the FCC and licensing information.

The Federal Trade Commission: The Federal Trade Commission enforces a variety of federal antitrust and consumer protection laws. This site offers links to regulations, news, actions and opinions, plus much more.

The U.S. Copyright Office: The Copyright Office advises Congress on anticipated changes in U.S. copyright law; analyzes and assists in the drafting of copyright legislation and legislative reports and provides and undertakes studies for Congress; offers advice to Congress on compliance with international agreements and  is also where claims to copyright are registered. This site has links to copyright law, international copyright treaties, general information and copyright studies.

Library of Congress: Here's where you can search the U.S. Library of Congress database on the Web. The Library of Congress Online Catalog contains over 12 million bibliographic records representing books, serials, computer files, manuscripts, cartographic materials, music, sound recordings, and visual materials from the Library's collections.

U.S. Constitution: This is a link to Cornell University page that has posted the U.S. Constitution on the Web.

***

Look Up Cases

FindLaw: This is a complete Web resource for cases, legal news, legal bulletin boards and legal help. Many cases can be found here.

LEXISOne: This link will let you search for cases on the LEXIS database from any Web connection.

U.S. Supreme Court: This is a link to the U.S. Supreme Court's official Web site, which contains opinions, links to oral arguments and other information about the court.

***

Online research sources

Cases, Statutes and Regs

A list of links to online sources of cases, statutes and regulations compiled by Marshall K. Dyer, esq, editor of Netwatchers Cyberzine

Computer Professionals for Social Responsibility (CPSR)

"CPSR is a public-interest alliance of computer scientists and others interested in the impact of computer technology on society. As technical experts, CPSR members provide the public and policymakers with realistic assessments of the power, promise, and limitations of computer technology. As concerned citizens, we direct public attention to critical choices concerning the applications of computing and how those choices affect society."

 
 
 
 
 
 
CSPAN's Supreme Court/Judiciary Resource Page

Includes links to all of the circuits.

Cyberlaw Encyclopedia

Actually a cyberlaw portal compiled by Canadian lawyer Alan Gahtan who specializes in information technology and electronic commerce, this site is organized by issue and links then point to articles etc.

Cyber Law Journal - New York Times

You must register --"free" you exchange personal information for access-- to read this page."Each Friday, Cyber Law Journal reflects on the legal issues raised by the Internet, including copyrights and trademarks, privacy, freedom of expression and restrictions on pornography and other content."

CyberLaw and CyberLex

This site contains the CyberLex and CyberLaw newsletters, sources for information and pointers to materials on law and computers.

Cyberspace Law Center

Categories include: Commerce, Privacy, CyberCrimes, Freedom of Expression, General Legal Resources, and Intellectual Property.

Electronic Frontier Foundation

A non-profit civil liberties organization working in the public interest to protect privacy, free expression, and access to online resources and information.

Ethics and Law on the Electronic Frontier

This is the home page for a course offered at MIT during the 1994 and 1995 fall semesters. The course deals with the following topics: Computer Crime - Information and Intellectual Property - Encryption and National Security - Privacy Implications of Computer Networks - Computer Communications and Freedom of Expression

Federal Communications Law Journal

The Federal Communications Law Journal is the official journal of the Federal Communications Bar Association and is co-published by the Association and the Indiana University School of Law- Bloomington.

Five Reasons for Lawyers and Law Firms to be on the Internet

A hypertextual presentation by Peter Martin of Cornell, prepared for a New York City Bar Association workshop, held in April of 1994. http://www.law.cornell.edu/papers/5reasons.html

Internet Library of Law and Court Decisions

"Our Internet Law Library features extensive summaries of court decisions shaping the law of the web; providing facts, analysis and pertinent quotes from cases of interest to those involved in New Media addressing copyright, trademark, dilution and other intellectual property issues, jurisdiction, linking, framing, meta tags, clip-art, defamation, domain name, e-mail, encryption, gambling, click-wrap agreements, shrink-wrap licenses, spamming and other subjects indexed below. To paraphrase Jack Webb, "just the law ma'am, and nothing but the law."

Journal of Information, Law and Technology

Journal of Online Law

The Journal of Online Law ("JOL") is an electronic publication of scholarly essays about law and online communications-law and cyberspace. The first issue was released early in June, 1995.

Jurist: The Law Professor's Network

A rich site that features daily news, academic articles on first amendment, intellectual property and other topics, an excellent list of resources in their "Reference Desk," the "Resource Pages" connects you to Web sites by law professors organized by practice area and much more. A good candidate for your bookmarks file.

Landmark Cases (a library of landmark U.S. Supreme Court case documents, and more)
UCLA Online Institute for Cyberspace Law and Policy

"The area of law known as Cyberspace Law (or "Cyberlaw") typically encompasses all cases, statutes, and constitutional provisions that impact persons and institutions when they go "online" and enter cyberspace. As disputes arise and the area of law evolves, six distinct components have emerged: Jurisdiction and Related Issues, Freedom of Expression, Intellectual Property, Privacy, Safety, and Equity."

U.S. Federal Judiciary
 

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