1 Journalism417G Course Syllabus Law of Mass Communications Spring Semester 2015 Department of English and Journalism Western Illinois University Simpkins Hall Room 327 Section 021 Tuesdays and Thursdays 11 a.m.-12:15 p.m. Instructor: Yong Tang, Ph.D. Assistant professor of journalism and media law Office location: Simpkins Hall 226H Office telephone: 309-298-1217 Office hours: Tuesdays 2 p.m.-3:30 p.m. Wednesdays 2 p.m.-3 p.m. Thursdays 2 p.m.-3:30 p.m. Or by appointment Electronic mail: Y-Tang@wiu.edu Snail mail: Simpkins Hall Mailroom 122 Class Materials: 1) Don Pember and Clay Calvert, Mass Media Law (19th edition) (required) You may rent the digital copy from the following site. It is much cheaper than buying a brand new print copy. The rental expires after 180 days of use: http://www.coursesmart.com/1259144895 2) John Zelezny, Cases in Communications Law (6th edition, 2010) (optional) 3) Amber Nieto and John Schmitt, A Student’s Guide to Mass Communication Law (2004) (optional) 4) Mark Pearson, Blogging and Tweeting without Getting Sued: A Global Guide to the Law for Anyone Writing Online (2012) (optional) (placed on course reserves. You can check out the book and read it in the Malpass Library) Course Description: This course will introduce students to many important legal questions that news media and public relations professionals face routinely in disseminating news and information to the public. No prior knowledge of the law is necessary. This class requires only preparation and critical thinking. Through reading assignments, lectures, class discussions, and court simulations, students will gain an 2 understanding of the legal problems in several key areas of media law: freedom of speech and the press, libel, personal privacy, news gathering practices, protection of news sources, free press/fair trial, the regulation of obscene and erotic materials, copyright, and the regulation of advertising and telecommunications. Goals and Objectives: 1) Develop an understanding of and appreciation for the protections embedded in the First Amendment. 2) Understand and apply principles of communications law (e.g., libel, privacy, the role of the Federal Communications Commission, confidential sources, reporters ‘privilege, etc.) and the responsibilities of a free press. 3) Understand the historic challenges of law to keep pace with the evolution of technology. 4) Understand the importance of journalism in connection with government transparency, accountability of officials and bureaucrats, and freedom of information laws. 5) Recognize that ethics and law do not always merge – what might be lawful is not always journalistically ethical. First Amendment: 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. Attendance and Participation: Attendance is mandatory for this course. Class attendance will be counted in determining the final course grade. Students will be allowed to miss three classes without grade penalty. For these three missed classes, no excuses are needed. Please use them just for emergencies and sick days. Beyond the three, you chip away at attendance and participation points. Five points will be deducted for each unexcused absence. It is the student’s responsibility to provide written document to the instructor in order to receive an excuse for an absence. Quizzes or assignments missed because of lateness or unexcused absences cannot be made up and will receive zeros. For WIU Student Absence Policy Clarification, see http://wiu.edu/policies/stuabsc.php. Students are required to complete readings of assigned chapters from the text and assigned hypothetical cases before coming to class so they can actively participate in class discussions and court simulations. Class participation and court simulations will be counted in determining the course grade. Court Simulations: After the instructor covers each body of law in class, there will be one or two class sessions devoted to court simulations on that specific law. We will simulate a courtroom trial during which attorneys for both the defendants and the plaintiff try 3 to have their arguments accepted by the judge. The judge should make a verdict according to the law and the strength of attorneys’ arguments. The instructor, simulating as the Supreme Court Justice, will make the final decision. Students will take turns to play the role of judges, defense attorneys, plaintiff attorneys, plaintiffs and defendants, witnesses, court reporters, and even friends of the court. Students are expected to read assigned hypothetical cases carefully before coming to class so that they can actively participate in court simulations. There are 12 classes devoted to court simulations. Each class session is worth 30 points. Thus the total is 360 points. Your grade for the court simulation is judged on the quality and quantity of your participation in court simulations. Don’t keep silent! Even if you are not a chief attorney, you should still talk! If you are absent for a specific court simulation class session for whatever reason, you will have an opportunity to make up by writing a court brief. The number of court briefs you need to write depends upon how many times you have been absent (e.g., if you have been absent for court simulations twice, you need to write two court briefs). The instructions on court briefs will be available at Western Online. Examination Policy: There are two tests in this course. One is the mid-term exam and another is final exam. Both tests will be in multiple-choice and true-false formats. The tests cover all lectures and reading assignments listed by the syllabus. Students are encouraged to review their test results with Professor Yong Tang during regular office hours or by appointment. The dates of these tests are as follows: Mid-term Exam: 03/12/2015 (Chapter1-8) Final Exam: 05/14/2015 (Chapter9-16) Grading Criteria: Breakdown of the final grades for the course: Mid-term exam: 300 points (30%) Final exam: 200 points (20%) Court simulations: 360 points (36%) Class attendance: 40 points (4%) Class participation: 100 points (10%) Total: 1000 points (100%) Extra credit opportunities will be announced throughout the semester whenever they become available. Final grades for the course are determined according to the following scale: 920-1,000 A 890-919 A870-889 B+ 830-869 B 4 800-829 770-799 730-769 700-729 670-699 630-669 600-629 0-599 BC+ C CD+ D DF Academic Integrity: Western Illinois University, like all communities, functions best when its members treat one another with honesty, fairness, respect, and trust. Plagiarism, cheating, and other forms of academic dishonesty constitute a serious violation of University conduct regulations. Students who engage in dishonesty in any form shall be charged with academic dishonesty. Any student with a question about academic integrity or plagiarism is encouraged to discuss it with his or her instructor. For details on WIU’s Academic Integrity Policy, see www.wiu.edu/policies/acintegrity.php. Student Rights and Note to Students with Disabilities: As a WIU student, you have your rights and responsibilities, see http://www.wiu.edu/provost/students.php. In accordance with University policy and the Americans with Disabilities Act (ADA), academic accommodations may be made for any student who notifies the instructor of the need for an accommodation. For the instructor to provide the proper accommodation(s) you must obtain documentation of the need for an accommodation through Disability Resource Center (DRC) and provide it to the instructor. It is imperative that you take the initiative to bring such needs to the instructor's attention, as he/she is not legally permitted to inquire about such particular needs of students. Students who may require special assistance in emergency evacuations (i.e. fire, tornado, etc.) should contact the instructor as to the most appropriate procedures to follow in such an emergency. Contact Disability Resource Center (DRC) at 298-2512 for additional services. Personal Communication Devices: Personal computers must be turned off when class begins and must not be used again unless it is for an assignment. Use of cell phones, pagers, IPods, or any other personal communication devices or programs in the classroom during class time is strictly prohibited. You will be asked to leave for the day if you engage in such practices. Repeated offenses will affect your final grades. Make sure these devices are turned off prior to entering the classroom. Miscellaneous: If you have a question about any of the readings, assignments, or anything course related, it is up to you to approach or contact me in due time. I cannot read your 5 mind and it is much better to be overly safe than sorry later: No question or concern is stupid except the ones that remain unexplored. About the Instructor: Before joining academia, Dr. Yong Tang worked for nearly 15 years as an awardwinning editor and reporter for the People’s Daily, the largest and most politically influential newspaper in the People’s Republic of China. From 2004 to 2007, he was a Washington, D.C.-based correspondent of the People’s Daily. Drawing upon his unique reporting and writing experiences as a foreign correspondent in the world capital of news, Tang published in 2014 a four-volume book America in the Eyes of Yong Tang with a reputable publishing house in Beijing. Yong Tang is a recipient of WIU Professional Achievement Award (2014). He was named as Faces of Penn State (2013) (http://faces.psu.edu/faces/yong-tang/). He was on the list of Top 50 Journalism Professors (2012) (http://journalismdegree.org/top-professors/). Tang's list of additional honors and awards includes the top faculty paper award from the Law and Policy Division, AEJMC (the Association for Education in Journalism and Mass Communication) (2012); AEJMC's Best Research Scholar-to-Scholar Presentation Award (2011); Gene and Fran Goodwin Journalism Scholarship at Penn State (2010); University Graduate Fellowship at Penn State (2009); Freeman Fellowship at George Washington University (2007); and the China Journalism Award (2004). Yong Tang holds a doctoral degree in mass communications law and policy from The Pennsylvania State University and another Ph.D. in international journalism from The Communication University of China in Beijing. He studied at the George Washington University Elliott School of International Affairs and earned a master’s degree in international policy and practice. Yong Tang received his undergraduate education in China, where he received his bachelor’s degree in English language and literature from Sichuan International Studies University and another undergraduate degree in English news reporting and editing from China School of Journalism. For more information about the instructor, see Tang’s faculty page: http://www.wiu.edu/cas/english_and_journalism/directory/show.php?y-tang. Course Schedule: This schedule is tentative and may be adjusted throughout the semester. Readings are DUE on the day they are assigned. Week 1 Date 1/20 1/22 Class Topic Introduction and Overview of the Class Introduction and Overview of the Readings Presentation 6 2 1/27 1/29 3 2/03 2/05 4 2/10 2/17 5 2/19 7 9 10 Ch. 2 and 3 Ch. 4 Ch. 5 Ch. 6 2/26 Invasion of Privacy Ch. 7 3/03 Invasion of Privacy Ch. 8 3/05 3/12 Court Simulation on Privacy Court Simulation on Privacy Mid-Term Exam Ch. 1-8 3/17 Spring Break 3/19 Spring Break 3/24 Gathering Information 3/26 Court Simulation on News Gathering 3/10 8 Court Simulation on First Amendment Libel Introduction Ch. 1 How to Prove Libel How to Argue Against Libel Court Simulation on Libel Court Simulation on Libel 2/24 6 Class Introduction to the U.S. Legal System First Amendment Ch. 9 The Law and Judiciary Historical and Contemporary Aspect Establishing a Libel Case Proving Fault Defenses and Damages Appropriation and Intrusion Private Information and False Light Access to Government Records and Information 7 11 3/31 Protection of News Sources 4/02 Court Simulation on Protection of News Sources 4/07 Ch.10 Free Press and Fair Trial Ch.11 and 12 12 13 15 Trial-Level Remedies and Restrictive Orders/Close Judicial Proceedings 4/09 Court Simulation on Free Press and Fair Trial 4/14 Macomb Courthouse On-Site Visit Obscenity Law Ch. 13 Obscenity Law and Other Erotic Material Regulations Court Simulation on Obscenity Law Copyright Ch. 14 Creative Expression Ch. 15 and 16 Advertising and Electronic Media Regulations Ch. 9-16 10 a.m. 4/16 4/21 14 News Sources/Conte mpt Power 4/23 4/28 Court Simulation on Copyright 4/30 Regulation of Advertising and Telecommunications 5/05 Court Simulation on Advertising Court Simulation on Telecommunications 16 5/07 17 5/14 Final Exam