Journalism 430 – Law of Mass Communications SP14
Instructor: Dr. Christopher Burnett
Office: SSPA024C
Class Meets: Tuesdays and Thursdays, 9:30-10:45 a.m.,in SSPA029C
Office Hours:11 a.m. to noon Tuesdays
Office Phone: (562) 985-7440
e-mail:
COURSE DESCRIPTION, LEARNING OBJECTIVES AND OUTCOMES: The course examines principles and case studies of media law, with an emphasis on constitutional guarantees, prior restraints, libel, contempt, taxation, licensing, shield laws, free press v. fair trail, and other laws affecting the news media. By the end of the course, students will have obtained a basic understanding of the American legal system. They should have a clear grasp of the First Amendment and its implications for journalists, the news media, and public relations practitioners. They also should understand the major areas of mass communications law. Students should appreciate the common legal problems confronting journalists and other professional communicators.
Specifically, by the end of this course students should have achieved these learning outcomes. Students should have improved their ability to::
- Understand and apply principles of law of freedom of speech and press for the United States, as well as receive instruction in and understand the range of systems of expression around the world – including the right to dissent, to monitor and criticize power, and to assemble and petition for redress of grievances.
- Think critically, creatively, and independently.
This course may introduce new vocabulary and concepts. If a definition or concept is unclear, it will be to your advantage to quickly clarify it and understand it. Don’t hesitate to ask me questions, before, during or after class, if concepts are unclear to you.
This syllabus is a contract between you, the student, and me, the instructor. While I take seriously my obligation to provide information about media law and give you a chance to practice it, I need you to take seriously your obligation to make a sincere effort to learn that information and understand and perform the assignments given to you. Please feel free to ask questions at any time if you are uncertain as to what I expect or what you should do.
This schedule, however, is not set in stone; if we need to take longer on a particular area, we will try to make accommodations.
There is never a dull moment in media law! Nearly every time we turn on the news, we hear of some new development in media law, whether it is online pornography, MP3s, or libel suits. This course is intended to be an introduction to some of the legal areas and issues facing today’s mass media organizations. You’ll develop skills necessary to recognize potential legal issues facing you if you should work in a media organization. We will examine First Amendment law and its specific applications to communication professionals. You’ll be encouraged in class to practice your legal problem-solving skills on case studies and other forms of applied learning. I hope you’ll gain a richer understanding of the privileges and responsibilities today’s mass media enjoy…and I bet you’ll have some fun in the process!
TEXTBOOK: Pember, Don R., and Clay Calvert, Mass Media Law, 18th Edition
I may pass out other readings and handouts as appropriate. You also will need access to Beachboard to view study guides and lecture notes. You will need Form 882-E Scantrons for exams. Cellphones must be turned off during class, and no eating of food is allowed except with my permission. Please, no text messaging as well. It is OK to bring in your laptop computer to take class notes, but any other usage in class time (to check e-mail, chat or check your Facebook or other personal account pages) is impermissible.
NON ATTENDANCE OF EXAMS: It should go without saying that being in class on exam and quiz days is essential. There is no makeup on quizzes. Should you know in advance you won’t be in class on exam days, you must let me know at least 24 hours in advance or you can’t take the exam late. (In other words, you can’t e-mail me two hours or even a half hour before the test, say you can’t make it because you’re sick or stuck in traffic and then expect to schedule an individual makeup.) Makeup exams, in many cases, will be short-answer and essay format rather than multiple-choice. Thus, it’s almost always in your best interest to show up for tests, even if you’re not feeling well or have other life complications. We will have approximately 10quizzes or exams. Class will start at 9:30 a.m. and I may take attendance early in the class period. If you are the kind of person who has a hard time getting going in the morning and arrive in class late, you might do better picking a lster section.
HOW TO HANDLE THE READINGS: Not every case mentioned in the text or in the lectures needs to be incorporated into your memory, although they frequently are useful to understanding a particular aspect of law. Look for the landmark cases and the lessons they teach us or the changes they made. When in doubt, please ask. Also, when appropriate and possible, special attention will be paid to California law, courts and cases. We also will focus on people and groups, such as ethnic, racial, sexual, and religious minorities, as well as the disabled and the poor, who traditionally have been overlooked in many media law texts and courses.
PLAGIARISM: If you are caught plagiarizing, you will receive an F for the course. University plagiarism policies are strictly enforced. See the plagiarism policy handout in your CSULB catalog if you have any questions.
GENERAL GUIDELINES FOR WRITTEN WORK:
Accuracy. Because we are in a department of journalism, it is important for you to use correct spelling, grammar, and punctuation in your written work. Accordingly, I will enforce penalties for errors in your written work, to be determined per assignment.
Late work. We are in an industry (in fact, a world!) controlled by deadlines. Thus, five points per day late will be deducted from late assignments (including weekends), and I might elect not to accept assignments more than five days late. Readings quizzes cannot be made up!
Format. All work turned in must be word-processed and printed clearly or typed. Handwritten work will not be accepted except for in-class work or as noted in other assignments.
Academic misconduct is defined in part as cheating, the fabrication or falsification of data, or plagiarism. If you are caught engaging in any form of academic misconduct, you will receive an “F” for the assignment and the course, and I may pursue the academic misconduct grievance procedure. I’m serious about this stuff: the technology that we are about to study also can make it very easy for the unscrupulous to engage in academic dishonesty. It’s deeply painful for all involved to sort out an academic misconduct case. If you have any questions about citing sources or how to use references, please ask me.
EXAMS AND ASSIGNMENTS:
Readings Quizzes: In this class, as in many classes, if you get behind on the reading, catching up can be pretty hopeless. To encourage you to keep up, I’ll be giving readings quizzes nearly every week. You take these quizzes on Beachboard. These are short quizzes (usually 10 questions) that should be answerable if you read the material for the day and are keeping up with the class.
Legal Brief: Each of you will pick a case (or be assigned one) involving mass communications law. Some cases are mainly of historical interest; other cases are more current. All will involve you (1)describing the facts of the case, (2) explaining the ruling in the case, (3) the legal reasoning behind majority, dissenting and concurring opinions, and (4) the legal and historical significance of the case. You will get a list of cases the second week of class, and you will then pick one to present in class and write a one-page summary brief on. Presentations should last no more than 15 minutes. You may use PowerPoint for your presentations but the emphasis will be on your ability to explain the case and stimulate class ciscussion. Put these presentations on a flash drive that you can show from my computer. I will base your grade on presentations on your ability to explain the case in layperson’s terms in front of class and the accuracy of your presentation.
Exams: There will be three large multiple-choice exams in the course. These will emphasize legal problem-solving and the application of legal principles to sample scenarios. They will be given on 882-E Scantrons. Make-up exams will only be allowed in clearly documented situations that have been communicated to me by phone or in person (not by email) before the original exam. Exams are not cumulative.
An important note on exams: If you feel you are not “getting it,” please see me sooner rather than later. Doing well on the readings quizzes doesn’t always predict how well you’ll do on the exams. If you find that you are studying a lot but still not doing well, talk to me, and we’ll find a study approach that works for you.
Case studies: The best way I’ve found to teach media law is to follow the case study method. We will learn about the law, think about the law, and then apply the law to situations that I will provide.
Extra credit: Students always ask about extra credit. In a class this short, and with such a heavy workload compressed into 10 sessions, extra credit assignments outside of class are unlikely. The best way of ensuring you do well in the class is to come (I will take attendance daily at different times in the class), keep up with the reading and do a nice job on the legal brief and presentation. My experience in teaching this and other classes is that most students do better on class presentations and papers than on exams. It also will be very important to do the readings quizzes after every class period.
ATTENDANCE AND CLASS PARTICIPATION:
Much of the material on tests will come from class meetings, so you will benefit from regular attendance. We go through content very fast in this course. Just about any absenteeism will reflect poorly on your grade! You are expected to attend every class. Extenuating circumstances, like illness or other emergencies, need to be documented for special consideration.
E-MAIL:
While many of us are addicted to e-mail, and it is a wonderful tool for communication, there need to be a few policies. I read email several times (or more) each day, and I welcome your communication, but some things need to be discussed in person—in-depth questions about the material, inquiries about grades, excessive absences. Email is best for quick clarifications and to schedule meetings. It shouldn’t be considered a substitute for face-to-face visits.
GRADING:Three Midterm exams (50 questions worth 2 points each) / 300 points
Legal Brief and Presentation / 100 points
Attendance and Readings Quizzes / 100 points
TOTAL AVAILABLE / 500 points
A=89.5-100 percent
B=79.5-89.4 percent
C=69.5-79.4 percent
D=59.5-69.4 percent
F= 59.4 percent and below
Class Schedule and Reading Assignments (subject to change)
Other handouts may be added; Reading quizzes will be drawn from each day’s chapter(s).
Note: the schedule does not exactly follow the chapters in the book; we skip around!
Day / Topic / Readings / Daily Readings QuizJan. 22 / Introduction to Course; the American Legal System
Jan. 27-29 / The American Legal System / Ch. 1 / Ch. 1
Feb. 3, 5, 10 / Development of Freedom of Expression; Censorship and Prior Restraints; Library Session (June 4) / Ch. 2 (p. 32-72); Ch. 3 / Ch. 2-3
Feb. 12-24 / Privacy / Ch. 7 and 8 / Ch. 7 and 8
Feb. 17 / No Class – Accreditation Visit
Feb. 19 / CSULB Library Visit on Legal Brief (Tentative)
Feb. 26 / Midterm 1: Chapters 1-3, 7-8
March 3-5 / Libel / Ch. 4-6 / Ch. 4-6
March 10-12 / Gathering Information/Records and Meetings / Ch. 9 / Ch. 9
March 17, 19, 24 / Protection of News Sources/Contempt Power
Free Press/Fair Trial: Trial Level Remedies, Restrictive Judicial Orders and Closed Judicial Proceedings / Ch.10, 11 and 12 / Ch.10, 11 and 12
March 26 / Midterm 2: Chapters 4-6, 10-12
Copyright / Ch.14 / Ch. 14
March 31-Apr. 3 / Spring Break – No Class
April 7-9 / Telecommunications Regulation / Ch. 16 / Ch.16
March 31-Apr. 2 / Spring Break – No Class
April 14-16 / Copyright / Ch. 14 / Ch. 14
April 21-23 / Regulation of Advertising
Regulation of Obscene and Other Erotic Materials / Ch.15 / Ch. 15
April 28-30 / Regulation of Obscene and Other Erotic Materials / Ch 13 / Ch. 13
May 5-7 / Remaining Case Reports/Review
May 12 / Midterm 3: Chapters 13-16 / 8-10 a.m.
Week of May19 / Grades Posted on MyCSULB / We’re Done! / Enjoy your summer!
Addendum to Course Syllabus: Department of Journalism
Policies on Grading, Conduct of Classes, Drops, Absences and Cheating
Grading: The grading policies and practices in this class are explained elsewhere in the syllabus. It is the student’s responsibility to read them and to seek clarification if necessary. The student should be fully aware of what is required for success in the course, such as group participation, writing, speaking, completing assigned readings, etc.
Seat in Class: An enrolled student may lose his/her seat in class if he/she misses the first class meeting without notifying the instructor. At the instructor’s discretion, a student who attends the first class but not subsequent classes may also be dropped from the course.
Withdrawal from Class: Students may withdraw from a class from the third to the 12th week for “serious and compelling reasons.” Normally these are defined as anything of import that is beyond the control of the student. This includes, but is not necessarily limited to, death or serious illness in a student’s immediate family or a documented change in a student’s work schedule. Poor performance, tardiness and unexcused absences are not considered a serious or compelling reason beyond the student’s control for purposes of withdrawal.
Absences from Class: Grades in a course may be adversely affected by absences, and students should seek clarification from the instructor regarding the course absence policy. Make-ups usually are granted in strict accordance with CSULB policy, which defines excused absences as (1) illness or injury to the student; (2) death, injury or serious illness of an immediate family member or the like; (3) religious reasons; (4) jury duty or government obligation; (5) CSULB-sanctioned or approved activities [2002-03 Catalog, p. 75]. These and any other requests for an excused absence must be documented.
CSULB Cheating/Plagiarism/Fabrication Policy: CSULB takes issues of academic dishonesty very seriously. If you use any deceptive or dishonest method to complete an assignment, take an exam, or gain credit in a course in any other way, or if you help someone else to do so, you are guilty of cheating. If you use someone else’s ideas or work and represent it as your own without giving credit to the source, you are guilty of plagiarism. This does not apply if the ideas are recognized as common knowledge, or if you can show that you honestly developed the ideas through your own work. Any instructor can show you the correct ways of citing your sources, and you should use quotation marks, footnotes or endnotes and bibliographic references to give credit to your sources according to the format recommended by your instructor.
Responses, Penalties and Student Rights: Students should consult the appropriate sections of the Catalog for examples of cheating, fabrication and plagiarism, and instructor and/or CSULB response options in such circumstances. The Catalog also outlines student rights. Any instance of academic dishonesty may result in your immediate expulsion from the class with a grade of “F” and/or other sanctions, as the instructor deems appropriate.
Student Learning Assessment
The national accrediting agency for journalism education has established a requirement that all accredited journalism schools assess student mastery of 12 core values and competencies that any graduate of a journalism and mass communication program should possess. According to the Accrediting Council on Education in Journalism and Mass Communication (ACEJMC), all graduates, irrespective of their particular specialization, should be able to:
1)Understand and apply principles of law of freedom of speech and press for the United States, as well as receive instruction in and understand the range of systems of expression around the world – including the right to dissent, to monitor and criticize power, and to assemble and petition for redress of grievances.
2)Demonstrate an understanding of the history and role of professionals and institutions in shaping communications.
3)Demonstrate an understanding of gender, race, ethnicity, sexual orientation and, as appropriate, other forms of diversity in the United States in relation to mass communications
4)Demonstrate an understanding of the diversity of peoples and cultures and of the significance and impact of mass communications in a global society.
5)Understand concepts and apply theories in the use and presentation of images and information.
6)Work ethically in the pursuit of truth, accuracy, fairness and diversity.
7)Think critically, creatively and independently.
8)Conduct research and evaluate information by methods appropriate to the communications professionals in which they work.
9)Write correctly and clearly in forms and styles appropriate for the communications professions, audiences and purposes they serve.
10)Critically evaluate their own work and that of others for accuracy and fairness, clarity, appropriate style and grammatical correctness.
11)Apply basic numerical and statistical concepts.
12)Apply current tools and technologies appropriate for the communications professions in which they work, and to understand the digital world.
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