Mass Communication 370
Law and Ethics of Mass Communication
Spring 2005-3T
Instructor: Dr. James Stewart
Office: 102 Talbot Hall
Office Hours: 3M, 4M, 7M, 2T
Phone: 448-4578
E-mail: james.stewart@nicholls.edu
Purpose
This class is designed to familiarize the student with legal limitations and privileges affecting publishing, advertising and broadcasting. It should be considered a writing intensive course, in that the student will be required to write a term paper and a number of short papers throughout the semester.
Course Prerequisites
A student enrolled in this class must be at least a junior in standing.
Course Objectives
Through text, exercises and outside readings, as well as class lectures and discussion, this course is intended to help a student become familiar with legal and ethical concerns that affect the mass media and free-speech rights in general. Critical thinking skills should be sharpened through examination of these recurring issues of public concern.
Text
D.R. Pember Mass Media Law (2005/2006 Ed),
Attendance
Students must attend each class meeting and must be ready to begin as soon as the bell rings. Tardiness will not be tolerated.
Class Procedure
While this is primarily a lecture course, there will be numerous opportunities for class discussion. Students may also present papers, and there may be guest speakers.
Grading
Each assignment will be given a numerical grade, and at the end of the semester the student's accumulated points will be averaged against the total possible points for a cumulative average evaluated along a 10-point scale (90-100=A, 80-90=B, etc.).
Tests and Evaluations
The student will be required to take at least two exams, write a 10-page term paper suitable for submission to a research paper competition and participate in a mock appeal.
General Class Policies
Make-up Work: It is the student's responsibility to arrange for a make-up assignment within one week of the missed class.
Deadlines: Out-of-class assignments are due within the first 10 minutes of class. Work turned in after then will be considered one day late and the overall grade will be lowered by 5 percent. An additional 5-percent penalty will be assessed for each day thereafter up to 50 percent. No work will be accepted after 10 class days of a due date. Absence is not an excuse for late work.
Guests: Students will not be allowed to bring visitors who are not enrolled in this class as guests.
Gen Ed: Students must complete the university gen-ed exam. Failure to do so will result in an I grade for the course. The test dates are April 5-6, and the make-up date is April 14.
Plagiarism and other forms of dishonesty will be dealt with severely, the minimum penalty being an F in the course.
Disabilities
If you have a documented disability that requires assistance, you will need to register with the Office of Disability Services for coordination of your academic accommodations. The Office of Disability Services is located in Peltier Hall, Room 100-A. The phone number is (985) 448-4430 (TDD 449-7002)
Syllabus Requirements
This syllabus is subject to change upon notification at the instructor's discretion and is not a contract. It is the studentÕs responsibility to be familiar with the syllabus's content and keep abreast of any changes that may be made.
Course Outline and Tentative Class Schedule
Week 1 American Legal System Chpt. 1
Types of Laws
Legal Research Materials
***Library Tour***
Week 2 Principles of Freedom of Expression Chpt. 2-3
Rationale for Right to Free Speech
Rationale for Regulation
Week 3 Historical Development Chpt. 4
English Backgrounds
Sedition in the United States
Prior Restraint
Week 4 Libel and Slander Chpt. 6-7
Definition and Background
Initial Elements of Libel
Private vs. Public Persons
Week 5 Who Is A Public Person
Fault Requirements
Major and Minor Defenses
Damages
Week 6 Law of Privacy Chpt. 15
History and Background
Four Torts
Week 7 Shield Laws Chpt. 19
News Sources
Protecting Newsroom from Search
Telephone Records Protected
Week 8 Access to Government Chpt. 18
Constitutional Right of Access
Records and Meetings
Week 9 Access to the Courts Chpt. 17
Background and History
Cameras in the Courtroom
The Judge's Role
Closing Hearings
Weeks 10-11 Regulation of Broadcast Chpt. 11-13
Licensing
Candidate Access Rule
Fairness Doctrine
Deregulation
Week 12 Advertising Chpt. 9
Week 13 Copyright Chpt. 8
Background
Copyright and the News
Fair Use Doctrine
Week 14 Obscenity Chpt. 5
Background
Patently Offensive
Finals Week Presentation of Papers
Note: Last date to drop this course with a ÒWÓ is March 28.
Bibliography
Adler, R. (1986). Reckless disregard: Westmoreland vs. CBS et al.; Sharon vs. Time. New York: Alfred A. Knopf.
Bok, S. (1979). Lying: Moral choice in public and private life. New York, Vintage books.
Diamond, S. (1981). Trademark problems and how to avoid them (2nd ed.) Chicago: Crain Communications.
Dill, B. (1986). The journalist's handbook on libel and privacy. New York: The Free Press.
Franklin, M.A. (1977). Cases and materials on mass media law. Mineola, NY: Foundation Press.
Galvin, K. M. (1984). Media law: A legal handbook for the working journalist. Berkeley, CA: Nolo.
Goodwin, H. E. (1983). Groping for ethics in journalism. Ames, IA: Iowa State University Press.
Sanford, B. (1984). Synopsis of the law of libel and the right to privacy. New York: World Almanac Publications.
Zuckman, H.L., & Gaynes, M.J. (1983). Mass communications law in a nutshell (2nd). St. Paul: West.
Term Paper Guidelines
Spring 2002
Each student is required to produce a 10-page term paper suitable for publication or presentation at the undergraduate level.
Topic: Students will be required to select a topic which relates directly to the subject of this course--legal and ethical concerns of those working in the mass media. This can be an analysis of a particular case (e.g., the CNN tapes), or a broader discussion of specific areas (e.g., shield laws). Students may also analyze fictional movies or books (e.g., Absence of Malice). Students must present the instructor with a one-page written proposal for the paper, outlining its focus and five annotated possible sources.
Format: Papers are to be 10 pages long, not including title pages, bibliography, etc. They are to be double-spaced with one-inch margins, and in a typeface no larger than 12 point Times. Failure to meet the length requirement will cost the student 20 points off of the final grade.
Sources: There must be at least 20 cited sources in the paper. Students should also keep in mind this is a research project, not an essay or editorial. Opinions must be based on documented information. The overall grade will reflect the amount of work.
Bibliographic citations must be complete.
Style: Students must follow the APA Style Manual. Students who do not use this format will lose 10 points off of the final grade.
Grading: The term paper will be worth 200 points.
Case Appeal
Students will work on teams representing clients in a fictitious case involving an issue related to mass media law.
Both parties will be given a set of facts. The appellate will then prepare a written appeal of from 7 to 10 pages. The respondent will then prepare a reply. Oral arguments will then be presented to a three-member panel serving as a mock appellate court.
The students will each participate in preparation of the written appeal and the oral presentation to the three-member panel.
The mock-case will be worth 100 points. Evaluation of the overall team effort will account for 50 points, while the remaining points will be based on individual performance.