Syllabus for COMM 4317 -Media Law

COMM 4317
Mass Media, the Public and the Law
Summer 2009
Dr. Manuel Flores, Associate Professor of Journalism
Texas A&M University-Kingsville
Time: 10 a.m. – 12:15 p.m. MTWTF
Room 172 Speech Building
Tel: 593-3401, or at South Texan Office: 593-3700
Email: manuelf78407@yahoo.com or kfmcf00@tamuk.edu
Office Hours Wednesday 2-5 p.m. and by appointment

TEXT

Wayne Overbeck, Major Principles of Media Law (2009 Edition), Thomson-Wadsworth.Other materials will be made available by the instructor.

COURSE DESCRIPTION: Legal and ethical limitation of mass media, relationship and interaction between the journalist, governmental regulatory agencies and the public. Prerequisite: 6 semester hours of journalism and/or radio-TV or professor approval.

COURSE OBJECTIVES
This course will focus on two specific areas of media law: 1) the limits of a free press and the balance between the right to publish and the right to privacy in a democratic society and 2) the limits of a free press and the right to a fair trial in a democratic society. While we will be discussing U.S. federal and Texas state law for the most part, we may also examine some recent foreign cases and international materials, depending on the time.

STUDENT LEARNER OUTCOMES

1. Students will be able to demonstrate knowledge of historic legal cases that have impacted

U.S. media.
2. Students will be able to complete a “legal review” of a media law case.
3. The students will demonstrate knowledge of Supreme Court cases that impact media in the

United States.

All SLOs will be assessed through a comprehensive end-of-semester final exam and completion of written and oral assignments covering all the issues discussed in the course objectives.

GRADING

There will be two major tests (a mid-term and final). Each will count 25 percent on your final grade. There will also be six writing/research assignments (listed above). The average of this will count 25 percent of your final grade. Your oral “on call” class presentation as a team will be the other 25 percent. Each is worth 25 percent of your final grade. The writing/research assignments will also include a class participation grade.

ATTENDANCE

I expect you to attend class faithfully and all assignments as well as prepare for class by reading chapters in advance. In addition, please be ready to participate in class or lead a discussion in class on a legal matter, current issue or law case. I will notify you in advance when you will be "on call" to lead the class discussion. Make up exams will be scheduled on an individual basis at the discretion of the instructor. I expect you to behave professionally while in class. Professional behavior includes but is not limited to adherence to all TAMUK student discipline rules of conduct. Also, please do not log on the computer and go on MySpace or play Solitaire while a lecture is in progress. Please, also, wear proper attire, and arrive on time and prepared.

SCHEDULE OF READINGS AND DISCUSSIONS

Given the limited time for this course, we will have a lot of material to cover. As the semester progresses, therefore, I may adjust the amount of time given to certain readings or drop some altogether. We may also have some guest speakers; this may alter the schedule of readings and discussions. In any occasion, you are responsible for both lecture material and the material covered in the book. And, yes, you will need to buy the book for this class.

The following class discussions have been planned:

(1) “Hate Speech Websites: How Can They Do That?” - Lisa Lane and Kristie Vela, due Monday June 15.

(2) “Our Country’s Legacy of Freedom of the Press” - Greg Stelfox and Ray Hudson, due Thursday June 18.

(3) “How is social media impacting freedom of the press?” - Mary Beth Cleavelin and Katherine Robinette, due Tuesday, June 23.

(4) “Should Texas Have Shield Laws: Why or Why Not? Breaking News on the Issue.” - Devina Arredondo and Lance Catchings, due Thursday, June 25.

(5) “Paparazzi: Do They Really Infringe on Celebrities’ Privacy?” - Erika Hernandez and Sasha Rodriguez, due Monday, June 29.

(6) “What is Pornography? Taking a look at the movies like Dirty Pictures and The People vs. Larry Flynt and books like Madonna's Sex and Sally Mann's Immediate Family.”- Yamira Gonzalez-Mendiola and David Mendez, due Tuesday, June 30.

The class will be paired-off into presentation teams. We will determine these groups early in the class and, while each topic will be a class discussion, the presentation teams will lead the discussion. In addition, each student will make a presentation on a legal case or issue.

WEEKLY ASSIGNMENTS
*Note schedule subject to change for guest speakers and professor travel.

Monday, June 8: Chapter 1 – The American Legal System
Tuesday, June 9: Chapter 2 – The Legacy of Freedom (short class)
Wednesday, June 10: Chapter 3 - Modern Prior Restraints
Thursday, June 11: Chapter 4 – Libel and Slander
Friday, June 12: Chapter 5 – The Right to Privacy – First report due

Monday, June 15: Chapter 10 – Obscenity and the Law. (Class discussion. First On-Call Team

“Hate Speech Websites: How Can They Do That?” - Lisa Lane and Kristie Vela will present).
Tuesday, June 16: Catch up. Second Report due (Class discussion. Second On-Call Team "Our Country’s Legacy of Freedom of the Press” - Greg Stelfox and Ray Hudson will present), also presentation on Tinker v. Des Moines, 1969 (Symbolic Speech) by Erika Hernandez.

Wednesday, June 17: CineFlores “Dirty Pictures” or “People v. Larry Flynt.” Also presentaton on Kaelin v. Globe Communications Corp., 1998 (Libel, defamation) by Katherine Robinette.

Thursday, June 18: Review for Test 1 (take home), also presentation on Flag burning, right or wrong? Is it unpatriotic? by Gregory Stelfox.
Friday, June 19: Chapter 8 – Newsgather’s Privilege – Chapter 7 – Fair Trial/Free Press

Conflicts, also presentation on Westboro Baptist Church (proposed law in Montana, SB 15, banning picketing) by Devina Arredondo.
Monday, June 22: Chapter 9 – Guest Speaker (write report on guess speaker), also presentation of NY Times v. U.S., 1971 - Kristie Vela, also (Class discussion. Third On-Call Team “How is social media impacting freedom of the press?” - Mary Beth Cleavelin and Katherine Robinette will present).

Tuesday, June 23: Freedom of Information (Texas Open Meetings Law). Do an FOI Request.

Also presentation of Wooley v. Maynard, 1977 (Compelled Speech) by Mary Beth Cleavlin.

Wednesday, June 24: Chapter 11 – Regulation and the Electronic Media. also presentation on Sheppard v. Maxwell, 1966 (Pretrial publicity) by Lisa Lane.
Thursday, June 25: Chapter 12 – Media Ownership Issues, also presentation on Mark Fainaru-Wada and Lance Williams (Public figures) by David Mendez.
Friday, June 26: Chapter 13 – Advertising and the Law. Fourth On-Call Report Due "Should Texas Have Shield Laws: Why or Why Not? Breaking News on the Issue" by Devina Arredondo and Lance Catchings, also presentation on Is Freedom Absolute? Can you yell "fire!" in a crowded theatre? by Ray Hudson.

Monday, June 29: Chapter 14 – Freedom of the Student Press, Chapter 6 – Copyrights and
Trademarks (File Sharing on computers) . Fifth On-Call Team “Paparazzi: Do They Really Infringe on Celebrities’ Privacy?” - Erika Hernandez and Sasha Rodriguez will present, also presentation on "Write a story that says the mayor of ??? city a lying cheat and back it up somehow. Is it libelous? Why or Why Not?" by Yamira Gonzalez-Mendiola.

Tuesday, June 30: Guest speaker Do an FOI Reports Catch up, also presentation. Sixth On-Call Team will present “What is Pornography? Taking a look at the movies like Dirty Pictures and The People vs. Larry Flynt and books like Madonna's Sex and Sally Mann's Immediate Family.”- Yamira Gonzalez-Mendiola and David Mendez, also "Write a column, editorial, criticizing some phase of government (federal, state or local). Be tough. Is it libelous? Why or Why not?" by Lance Catching. Final test take home handed out.

Wednesday, July 1- Do an FOI Reports Catch up, also presentation on "Is Advertising protected by the First Amendment? What does it mean when people say "commercial speech"? What is meant by "corporate speech"? What is an advertorial? by Sasha Rodriguez.
Thursday, July 2: Catch up/speaker/ and also presentation on How can the government ban cigarette advertising? Is this not a violation of free speech and the First Amendment? by Brent C. Walker. Also, Brent will report on Heady V. James and Papish v. University of Missouri Curators and free speech zones.

Friday, July 3: Catch up/Final Exam






TAMUK Policy

Disability statement:
Students with disabilities, including learning disabilities, who wish to request accommodations in class, should register with the Services for Students with Disabilities (SSD) early in the semester so that appropriate arrangements may be made. In accordance with federal laws, a student requesting special accommodations must provide documentation of their disability to the SSD coordinator. For more information, call (361) 593-3024 or visit Life Services and Wellness.

Academic misconduct statement:
You are expected to practice academic honesty in every aspect of this course and all other courses. Make sure you are familiar with your Student Handbook, especially the section on academic misconduct. Students who engage in academic misconduct are subject to university disciplinary procedures.

Forms of academic dishonesty:
1) Cheating: deception in which a student misrepresents that he/she has mastered information on an academic exercise that he/she has not mastered; giving or receiving aid unauthorized by the instructor on assignments or examinations.
2) Academic misconduct: tampering with grades or taking part in obtaining or distributing any part of a scheduled test.
3) Fabrication: use of invented information or falsified research.
4) Plagiarism: unacknowledged quotation and/or paraphrase of someone else's words, ideas, or data as one's own in work submitted for credit. Failure to identify information or essays from the Internet and submitting them as one's own work also constitutes plagiarism.
5) Please be aware that the University subscribes to the Turnitin plagiarism detection service. Your paper may be submitted to this service at the discretion of the instructor.

Non-academic misconduct:
The university respects the rights of instructors to teach and students to learn. Maintenance of these rights requires campus conditions that do not impede their exercise. Campus behavior that interferes with either
1) The instructor's ability to conduct the class
2) The inability of other students to profit from the instructional program, or
3) Campus behavior that interferes with the rights of others will not be tolerated.
An individual engaging in such disruptive behavior may be subject to disciplinary action. Such incidents will be adjudicated by the Dean of Students under non-academic procedures.

Sexual misconduct:
Sexual harassment of students and employers at Texas A&M University-Kingsville is unacceptable and will not be tolerated. Any member of the university community violating this policy will be subject to disciplinary action.

Six-drop policy:
“If you are a freshman and you are enrolled in college for the first time Fall 2007 or later following graduation from high school, you are affected by this law. Senate Bill 1231 limits the number of courses that you may drop during your undergraduate career to six drops. If you need additional information on Senate Bill 1231 and how it affects you, please contact the Registrar’s Office in College Hall, Room 105.”

END OF THE COURSE!
HAVE A GREAT REST OF THE SUMMER!