JEM 565 Electronic Media Law & Regulations Spring 2006
5:05 – 7:45 pm Mondays
Com 251
Instructor: Benjamin J. Bates
Office: 333 Communications Bldg. Email: Ph:865 974-4291
Office Hours: TBA
Catalog Description: Legal problems faced by electronic media (radio, television, cable, satellite, and the Internet). Philosophy of regulatory policy formation. Efforts of self-regulation. Sociopolitical and public restraints, effects of laws and regulations.
Course Goals: This particular course, while including a basis in broadcast law, will also spend a considerable time examining the current policy debates and issues facing not only broadcasting, but other telecommunications technologies as well. It will also examine how new technologies are forcing the redefining of law and policy in the area of copyright, privacy, and intellectual property rights. It is hoped that this examination will provide students with:
· an understanding of the basic principles and content of some of the major laws, regulations, and court decisions affecting telecommunications industries, firms, and individuals.
· a historical perspective on the development of telecommunications policy and the present regulatory framework
· an understanding of how economic, political, and social factors shape policy and regulation, and vice versa
· the ability to apply the principles of telecommunication law and policy in practical situations, to analyze the effects of new policy and regulations
· the ability to conduct quality legal and/or policy research
Texts:
Carter, T. Barton, Franklin, Marc A., and Wright, Jay B. (2003). The First Amendment and the Fifth Estate: Regulation of Electronic Mass Media. 6th Edition. Westbury NY: Foundation Press
Creech, Kenneth C. (2003). Electronic Media Law and Regulation. 4th Edition. Boston: Focal Press.
Recommended:
Aufderheide, Patricia. (1999). Communications Policy and the Public Interest: The Telecommunications Act of 1996. Guilford Press.
Napoli, Philip M. (2001). Foundations of Telecommunications Policy: Principles and Process in the Regulation of Electronic Media. Hampton Press.
Pool, Ithiel de Sola (1983). Technologies of Freedom: On free speech in an electronic age. Cambridge, MA: Belknap Press
Horwitz, Robert Britt (1989). The Irony of Regulatory Reform: The Deregulation of American Telecommunications. New York:Oxford University Press.
Course Requirements/Grading:
Attendance and Discussion (10%)
While no strict attendance will be taken, general attendance and contribution towards weekly discussions will be taken into consideration in the determination of the final grade (10%)
Tests: (2 @ 15% each)
Two (2) Essay exams will be given as take-home midterms (15% each). The first will be distributed in class on 27 Feb 2006, and is due on 6 March 2006. The second will be distributed in class on 10 April, and will be due on 17 April. 2003.
Issue/Case Leadership: (3 @ 10% each)
This class will incorporate a number of periods at which an update,legal case, or policy issue will be presented and discussed at length. One will be giving an update on the current status of law/policy and/or a discussion/debate over an issue, with students arguing positions on the case/issue. There is an expectation that each student will not only formulate a position, but will also defend that position with supporting arguments and materials, including the most recent relevant law/cases. The assignment includes writing a short position paper outlining and supporting some specific position, creating a number of general discussion questions and gathering or creating relevant background materials. Each discussion leader will also be responsible for distributing the paper and discussion questions to other members of the class prior to the class meeting time at which the discussion will be held. (10% each)
The instructor will attempt to accommodate student interests in the assignment of cases/issues to students. However, final assignments are at the instructor's discretion.
Research Paper: (30%)
Members of this class will be expected to produce a major research paper on some aspect of telecommunication law, regulation, or policy. Topics are open, but must be cleared and approved by the instructor by 20 Feb 2006. An extended abstract and an initial annotated bibliography is due in class on 13 March 2006. A complete draft of the paper must be delivered to the instructor by 20 April 2006, and will be presented by the author during the last class meeting (24 April 2006). Initial comments on the paper and presentation will be shared with the author at that time. Authors will have an opportunity to revise their papers, if desired, prior to the delivery of the final version of the paper to the instructor at the Final Gathering, tentatively scheduled for 8 May 2006 (the scheduled final date).
The research paper will be graded as a submission to a conference or publication. That means that while the primary basis for the grade will be on the research itself (the quality and originality of the research, the importance of the contribution to learning, the thoroughness, quality, and clarity of the arguments and reviews, the relevance and importance of topic, etc.). The quality of the writing (style, grammar, and spelling) is also important and will be considered in the final grade for the paper. That is, spelling counts! The quality of the presentation and the ability to handle questions at that time will also be taken into consideration in the final grade for the paper.
General Requirements and Notices:
· All materials to be turned in for this class must be typed, or printed on at least a good quality computer printer. They should be double-spaced, with normal font sizes and margins. Certain materials may be submitted online, in either Microsoft Word or rtf formats.
· While students are encouraged to study and work together, it is also expected that all work turned in will be original and individual-- plagiarism will not be tolerated. If you still have any doubts as to what plagiarism is, consult your various handbooks and guides, or ask the instructor.
· The instructor is willing to work with students with special needs, and make any necessary special arrangements possible to facilitate their learning experience in this class. However, those individuals will need to consult with the instructor about their needs as soon as possible.
· No extensions will be given, and no make-ups will be offered.
· The instructor is the final arbiter of excuses and their acceptability.
· The instructor reserves the right to modify the course schedule and requirements. Any changes will be announced during class meetings, on the course Blackboard site, and/or by e-mail.
Tentative Schedule
23 Jan Intro – coverage and foundations Develop issues
30 Jan Foundations: Theories of Law, Regulation, and Policy
Law, Administrative Law & Regulation, Policy & the First Amendment, Models for Telecommunication Policy & Regulation The FCC & ITU
6 Feb The 1996 Act & Its Ramifications
13 Feb Public Airwaves & Public Trustees: Technical Standards, Licensing & Ownership Regulations
20 Feb Public Airwaves & Content Regulation: Political Speech
27 Feb Public Airwaves & Content Regulation: Non-Political Speech
(Test 1 handed out, due in class, 6 March)
6 Mar Noncommercial Educational Broadcasting, Low-Power TV & Microradio
13 Mar Other Telecommunications Law & Policy: Cable
20 Mar Spring Break (no class)
27 Mar Other Telecommunications Law & Policy: Telephony, Networks, & Internet
3 Apr Dealing with Copyright & Intellectual Property in an Electronic Age
10 Apr Privacy, Defamation & Libel, Covering the Courts
(Test 2 handed out, due in class, 17 April)
17 Apr Confronting a Brave New World? New Media, New Developments, & New Issues
24 Apr Research Paper presentations
8 May 7:15-9:15 Scheduled Final