Media Law – COMM 4260
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance.”
— First Amendment, United States Constitution
Course Description:
To some students, law is an intimidating subject. They see a thick textbook and lengthy study guides, and they feel as if they just landed at Harvard Law School. The reality is that the law is just a collection of interesting stories and thought-provoking debates, the conclusions to which are designed to guide us in future situations. I’m not here to inspire you to become an attorney. Instead, I hope to help you become sufficiently conversant with media law that you are able to discuss and write about it intelligently.
This course is designed to acquaint you with the constitutional, administrative and statutory laws that govern the mass media. We will begin with an overview of the American legal system and includes discussions of the First Amendment, libel, privacy, intellectual-property law, confidential privilege, obscenity, broadcast regulation, advertising regulation, ownership issues, and freedom of information. We will focus on Supreme Court rulings and other federal and appellate court decisions.
Course Goals and Objectives:
Students who successfully complete this course will:
- Become sufficiently familiar with the American legal system, including the Utah State Court System and the federal courts, that they will be able to observe and report on the courts with knowledge and understanding.
- Develop and demonstrate an appreciation for the history of press freedom in the United States and its significance in past and current battles for social justice.
- Develop and demonstrate an understanding of the First Amendment and its specific application to laws governing the mass media in the United States.
- Develop and demonstrate a working knowledge of mass media law, including pertinent Supreme Court and appellate court precedents, that will enable them to assert their rights as media professionals and avoid unnecessary legal conflicts.
- Develop and demonstrate the ability to apply current media law and precedents to specific factual situations, including the ability to identify potential legal conflicts in a variety of situations.
- Develop and demonstrate research skills using legal and non-legal materials in the library, on the Internet and via database research (Findlaw or Westlaw).
Students’ performance in attaining the course objectives will be assessed through participation in class discussion, writing assignments, quizzes, and exams.
Required Reading:
Three major publishing companies produce books widely considered to be among the best, most comprehensive media law texts on the market. Unfortunately, every one of them is priced so outrageously high that I cannot in good conscience ask you to buy one of them. Thus, no book is required for this class. However, the library maintains a subscription to the Westlaw database, and you should plan to become familiar with it because you will use it to research significant precedent cases. I have, however, uploaded a number of documents and excerpts from various sources on canvas. From time to time you will be required to read from these sources.
Class Policies:
1. Attendance– This is a face-to-face class for a reason: It is essential that all students attend class. Attendance will be taken at every class. Absences due to university activities (e.g., debate, sports, etc.) must be discussed with me no later than one week before the relevant class period(s). Written documentation for a university-sanctioned absence must be provided. Arrangements concerning absences are entirely at my discretion.
2. Participation– Participation and attendance also includes, but is not limited to: Attending class regularly and on time, Participating in class discussion on concepts in the readings for that day, Being focused and practicing good listening skills, Contributing meaningfully to group discussion and exercises, Relating class material to your own experience and the outside world during class discussions.
3. Academic Dishonesty– Cheating on exams and plagiarism of papers constitutes grounds for failure of that assignment, and potential failure of this course. Please see me if you need help or an extension of time on assignments.
4. Cell Phone Usage– Electronic devices such as laptops and tablets are powerful learning tools in the classroom. Students are encouraged to use them at appropriate times. Cell phones, however, are not permitted to be used in my classroom. If I catch you using your cell phone, I will ask you to bring it to me. The second time I catch you with your phone, you will drop an entire letter off your final grade. If I catch you with your phone a third time, you will receive an automatic F. If anyone tries to catch a pokemon in class, I will lose my freaking mind.
5. Late Work– Unless we have made previous arrangements, late work will not be accepted.
6. Extra Credit– I was recently a student myself, so I know what it is like to be in your shoes. I also do not want any of you to fail my course. I will (likely) provide opportunities for students to earn extra credit throughout the semester. To be eligible for extra credit, you must have all coursework turned in.
7. Out of Class Contact– My office hours are determined by appointment only. The best way to get in contact with me outside of class is with a simple text message. Feel free to text, call, Facebook message, or email me at any time. I will respond at my earliest convenience, but am most likely to give you a quick response if you text me.
8. Grading– I use a standard grading scale (90-100% = A, 80-89% = B, etc.). Occasionally, students are unsatisfied with some dimension of the course. If you have a concern at any time during the course, please come speak with me directly. I enforce a “24/7 rule” when it comes to grade appeals. There is a 24 hour rule in effect for all papers and tests: you may not contact me regarding the grade you earned until at least 24 hours after the assignment is returned. Additionally, you must contact me within seven days of the assignment being returned to you. After a week has passed I will not be willing to discuss past assignments. If you want to appeal a grade, you must make the grade appeal in writing to me. It is my policy that I will not discuss grade appeals via email or in class. Prepare and submit a typed argument indicating what your specific appeal is, what grade you believe you deserved, and a justification for that grade. You must have a legitimate argument for the grade change. Turn in the appeal before or after class, or at a scheduled appointment within one week of the grade being returned.
9. Respect– Enjoy the readings, enjoy the class, enjoy the assignments, enjoy your instructor, and enjoy one another. It is expected that students will be considerate of the instructor and fellow classmates and act in a professional manner. Once class begins, students should stop talking, working on other class assignments, etc. Please be patient with me and your classmates; we are all in this together.
Assignments:
1. Citizenship- Students are allowed two absences before their grade will be affected. Each absence thereafter will result in a 25% loss of citizenship grade. Students will earn points by arriving to class on time, participating in relevant discussion, and making appropriate comments.
2. Online Quizzes- There will be quizzes covering the assigned readings that must be completed before class. They are open book, open note, but can only be taken once.
3. Topic Papers- To help acquaint you with recent developments in media law, you will complete eight one-page topic papers worth 25 points each. We will drop the lowest score. The format will be discussed further in class.
4. Presentations- A few times this semester you will be required to work in a group to prepare a short presentation about some aspect of media law. This is not a presentations class, so I do not expect you to come dressed in your business best nor am I expecting professional-level presentations. That being said, they also shouldn’t bore us to death. Requirements will be discussed further in class.
5. Final Exam- The comprehensive final exam will consist of matching, true-false, multiple-choice, and essay questions. Anything in the readings or discussed in presentations is fair game for the final exam, which will be taken at the testing center.
| Topics We Will Cover: | Prominent court cases we will discuss: |
| · The Rule of Law
· The First Amendment · Speech Distinctions · Libel · Privacy · Print Media- Newsgathering, Reporter’s Privilege · Electronic Media Regulation · Copyright and Fair Use · Obscenity, Indecency, Violence · Advertising · The Media and the Courts
|
· Tinker v. Des Moines Independent School District (1969)
· New Jersey v. T.L.O. (1985) · Ingraham v. Wright (1977) · Santa Fe Independent School District v. Jane Doe (2000) · Kent v. United States (1966) · Hazelwood School District v. Kuhlmeier (1988) · Vernonia School District v. Acton (1995) · West Side Community Schools v. Mergens (1990) · Grutter v. Bollinger (2003) · DeShaney v. Winnebago County Social Services (1989) · Near v. Minnesota (1931) · Nebraska Press Association v. Stuart (1976) · Branzburg v. Hayes (1971) · Cohen v. Cowles Media Co. (1982) · Chandler v. Florida (1981) · New York Times Co. v. Sullivan (1964) · Curtis Publishing v. Butts (1966) · Gertz vs. Robert Welch, Inc. (1974) · New York Times Co. vs. United States (1971) · Sheppard vs. Maxwell (1966) |
Hayden Coombs 