COMM 4454: Media Law

Tuesday, Thursday 11:00 a.m.-12:15 p.m.

Room 230, Humanities Building

"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 grievances."

Instructor: Bradford L. Yates, Ph.D.
Office: Humanities 308
Department of Mass Communications and Theatre Arts
State University of West Georgia
Office Hours: T/R 9:00-11:00 a.m.
W 9:00-11:00 a.m., 2:00-3:00 p.m.
By Appointment
Telephone: (770) 836-4564
E-mail:          byates@westga.edu
Web site: http://www.westga.edu/~byates

Important Note: Read this entire course syllabus carefully. You are responsible for all the information contained herein. Ignorance of the policies of the class will not be an acceptable excuse.

I am available to address matters of concern during my office hours. If those hours are not convenient, please schedule an appointment with me. If you visit my office at other times, I may not be available because of other duties I must attend to.

If you have problems in the class, it is YOUR responsibility to initiate contact with me. I cannot help you if you do not communicate with me. Let me know of any problems early in the semester. I will not accept excuses for poor performance or missing exams, especially late in the semester.

Pember, D. R. (2001). Mass media law (2001/2002 ed.). New York: McGraw-Hill.

Additional readings from selected textbooks, newspapers, magazines, and web sites will be assigned throughout the semester as well as the viewing or listening of various television and radio programs.

COMM 4454 is an examination of the legal context regulating print, telecommunication, and electronic media as well as advertising and public relations industries. Emphasis is placed on libel, slander, privacy, copyright, free press, fair trial, and obscenity law. Furthermore, COMM 4454 is a Writing Across the Curriculum (WAC) course and will require writing to learn and writing to communicate assignments to develop skills in communicating.

Objectives: By the end of the course you will:

Exam #1 100 points
Exam #2 100 points
Final Exam 100 points
Research Paper (Writing to Communicate) 100 points
Legal Brief (Writing to Communicate) 50 points
Attendance/Writing to Learn Assignments 50 points
Total 500 points

Grading Scale:

Points needed to receive grade
A 450-500
B 400-449
C 350-399
D 300-349
F 299 and below

*Note: The instructor reserves the right to change the assignments and point values in an effort to meet the objectives of the course. Ample notice will be provided if such changes are made.

Exams: Three (3) exams will be administered during the semester. The exams primarily will contain short answer and essay questions that cover material in textbook chapters, lectures, handouts, films, tapes and CD-ROMs presented in class. There will be a limited number of objective questions (e.g., Multiple Choice, True/False, and Fill-in-the-Blank). Each exam is worth 100 points toward your final grade (300 points total). There is A LOT of reading in this course. Begin reading the chapters immediately so you do not fall behind.

Writing to Learn: As part of your attendance and participation grade you will be given 3-4 writing assignments (often "in class" (see class schedule)) that will help you realize the idea-generating potential of writing and help you focus your ideas as you prepare for your writing to communicate assignments (legal brief and research paper). These WTL assignments include reaction to videotapes shown in class, writing a legal brief for practice, and, pretending you are a judge and writing an opinion about a case presented in class. Furthermore, you will have WTL practice on your exams as you write your answers to essay questions and as you prepare drafts of your paper.

Legal Brief: You will be asked to brief a court case. The brief should be ONE PAGE (1) in length, no more. The instructor will assign cases. This assignment is considered a "writing to communicate" assignment, which means it is designed to improve your writing skills and help you develop the ability to decipher legal jargon and determine the impact of specific court cases. This assignment is worth 50 points and is due March 8. Specific details will follow in handouts.

Research Paper: It is the instructor's strong belief that each of you have the opportunity to conduct in-depth research on a narrow topic related to Media Law. Through the research and the writing of this thesis you should gain skills and knowledge that will be of value to you. This writing to communicate project is worth 100 points and is due April 5. Here are some of the details:

Here is the general policy for the course. You need to attend every scheduled class session. Please be on time. I’ll take attendance. If you miss more than fifteen (15) minutes of a class session or are not present, I’ll need to consider you "absent." Your final grade in the course will be reduced by 25 points if you have more than 3 unexcused absences. (Excessive absences will result in failure of the course). In other words, you have three personal days, so use them judiciously and sparingly (i.e., car trouble, minor illness, job interview, etc.). You may not use your personal days on examination days. An unexcused absence from an examination will result in zero credit on the missed exam.

Note: It is your responsibility to be aware of your attendance. You should see me at any point during the semester if you have any questions whatsoever about this policy or your attendance – the sooner the better.

Excused absences: Absences may be excused when due to unavoidable situations substantiated with documentation. Acceptable situations include a serious incapacitating illness or a death in your family, among others (see p. 9). Requests for excused absences will not be considered unless made in writing prior to the absence in question unless there are extreme circumstances that did not allow for a prior request. I certainly understand that unforeseen things can happen to anyone. Please try to work things out with me in advance if at all possible.

Handouts: You are responsible for collecting all handouts at the time they are distributed. If you are absent, you have ONE WEEK to collect the materials. After one week, do not ask me for copies of handouts. I will not keep extra copies! It is also YOUR RESPONSIBILITY to take notes and take exams as scheduled, especially if you are a graduating senior.

You do not need me to tell you how to behave in a classroom environment. However, I want you to know what I expect from you in order to avoid embarrassing situations.

Academic dishonesty is NOT tolerated. It will result in failure on assignment(s) as well as possible disciplinary sanction(s) as stipulated by university rules. State University of West Georgia Student Conduct Code defines academic dishonesty as cheating, fabrication, plagiarism, and facilitating or allowing academic dishonesty in any academic exercise.

Cheating using or attempting to use unauthorized materials, information or study aids

Fabrication falsification or unauthorized invention of any information or citation

Plagiarism representing the words or ideas of another as one's own. Direct quotations must be indicated and ideas of another must be appropriately acknowledged.

Academic dishonesty in any form compromises your grade and lowers the quality of your diploma. A fellow student who cheats may actually lower your grade, sometimes causing unfair and inflated grading scales. I hope each of you values your college education enough to protect yourself from dishonest classmates. If you are aware of cheating taking place, please contact Dr. Camilla Gant, chair of the Department of Mass Communications and Theatre Arts, or me and proper action will be taken.

I will make special arrangements for students with special needs. Don’t wait until after the first exam to talk with me! Don’t try and "wing it" without telling me about your particular problem or needs. If you need special accommodations for exams, let me know early, not a few days before the exam. I am here to facilitate your learning, but I need to be informed to do so.

(The class schedule and assignments are subject to change in order to accommodate guest speakers, reinforce course material, and maintain some flexibility. Additional reading and viewing assignments will be made throughout the semester. You are responsible for all material assigned.)

January

Week One

Tues. 09 Syllabus review

Introduction to Media Law

Thurs. 11 Ch. 1-The American Legal System

Week Two

Tues. 16 Ch. 2-The First Amendment: The Meaning of Freedom

WTL Exercise-What Does the First Amendment Mean to You?

Thurs. 18 Ch. 2-The First Amendment: The Meaning of Freedom (continued)

Week Three

Tues. 23 Ch. 3-The First Amendment: Contemporary Problems

Research Paper Topic Due

Thurs. 25 Ch. 4-Libel: Establishing a Case

Week Four

Tues. 30 Ch. 4-Libel: Establishing a Case (continued)

WTL Exercise-Reaction to Video Shown in Class

February

Thurs. 01 Ch. 5-Libel: Proof of Fault

Week Five

Tues. 06 Ch. 5-Libel: Proof of Fault (continued)

Thurs. 08 Ch. 6-Libel: Defenses and Damages

Week Six

Tues. 13 Exam #1 (Chapters 1-6)

Thurs. 15 Ch. 7-Invasion of Privacy: Appropriation and Intrusion

Week Seven

Tues. 20 Ch. 7-Invasion of Privacy: Appropriation and Intrusion (continued)

WTL Exercise-Legal Brief

Thurs. 22 Ch. 8-Invasion of Privacy: Publication of Private Information and False Light

Week Eight

Tues. 27 Ch. 8-Invasion of Privacy: Publication of Private Information and False Light (cont.)

March

Thurs. 01 Ch. 9-Gathering Information: Records and Meetings

WTL Exercise-Draft of your research paper due for peer critique

Week Nine

Tues. 06 Ch. 10-Protection of News Sources/Contempt Power

Thurs. 08 Ch. 11-Free Press/Fair Trial: Trial Level Remedies and Restrictive Orders

Legal Brief Due

Week Ten

Tues. 13 Ch. 12-Free Press/Fair Trial: Closed Judicial Proceedings

Thurs. 15 Exam #2 (Chapters 7-12)

Week Eleven

Tues. 20 Spring Break

Thurs. 22 Spring Break

Week Twelve

Tues. 27 Ch. 13-Regulation of Obscene and Other Erotic Material

Thurs. 29 Media Day 2001

April

Week Thirteen

Tues. 03 Ch. 13-Regulation of Obscene and Other Erotic Material (continued)

Thurs. 05 Ch. 14-Copyright

Research Paper Due

Week Fourteen

Tues. 10 Ch. 14-Copyright (continued)

Thurs. 12 Ch. 15-Regulation of Advertising

Week Fifteen

Tues. 17 Ch. 16-Telecommunications Regulation: History and Licensing

WTL Exercise-Pretend you are a judge and write your opinion on a case

Thurs. 19 Ch. 17-Telecommunications Regulation: Content Controls and Cable

Week Sixteen

Tues. 24 Catch-up

Thurs. 26 Review for Final Exam

May

Week Seventeen

Tues. 01 Reading Day

Week Eighteen

Tues. 08 Final Exam-11:00 a.m.-1:00 p.m.

(Ch. 13-17 plus terms in glossary on pp. 633-640)

*The reading assignments are to be completed by the date indicated on this schedule. When you come to class on that day, you should know the content of the chapter assigned, unless otherwise specified.

In order for you to learn the material presented in this course, your attendance is considered very important. The instructor recognizes that there may be times when you cannot attend class for very good reasons. An excused absence will be given for the following reasons:

personal illness

serious illness of a member of your immediate family

death of a family member

required military obligations

required school field trips

job interviews for graduating seniors

Proof must be presented to the instructor on the next class day that you attend, if you wish to receive an excused absence. An excused absence will not be given without the following evidence for each of the absence conditions stated in number 3 above:

letter signed by your doctor, on the doctor’s stationary, dated, with your name on it as a patient, with dates of illness, description of illness, treatment prescribed, phone number and address of doctor

same medical documentation as above with the pertinent information related to the family member, and stating relationship to you

certified original or photo copy of death certificate of family member showing date of death and relationship to you

copy of military orders signed by appropriate authorized official and indicating the inclusive dates of absence and place of assignment

letter from professor or school official stating date and time of trip, purpose, duration, course, and signed by him or her

letter from the interviewing person of the company stating that no other time and date could be arranged for this interview with you, and stating your name, date and time of interview, place of interview, and signed by the interviewing official of the company on company letterhead

Student will be allowed to make up missed work for excused absences, but may be given an alternate form of a test which has already been administered to the rest of the class.

Student must make every attempt to get caught up as quickly and as completely as possible

For conditions of serious and prolonged illness late in the semester, beyond the period of a legitimate withdrawal, the instructor may agree to grant a grade of incomplete for the course. A grade of incomplete is rarely given and will be considered on a special case-by-case basis.