JOUR 361/509: Journalism Law & Ethics
DePaul University College of Communication
Section 701/101, Autumn 2011
DePaul Center C103, 1 E. Jackson, Loop, M-W 5:45-9 p.m.
Instructor: Jason Martin, Ph.D.
Contact: jmart181@depaul.edu, 312-362-7396 (office)
Office: Daley Building 1126, 14 E. Jackson, Loop
Hours: 9-11 a.m. M-W, and by appointment
Course description & objectives
Journalism Law & Ethics examines the constitutional freedoms of speech, press, and
expression, and the ethical considerations that surround and sometimes permeate that legal
framework, especially in terms of the practical impact of legal and moral issues on
journalists and other mass communication professionals in the United States. Among the
core topics covered are the constitutional rights of all citizens regarding censorship,
defamation, obscenity, privacy, and intellectual property.
This course familiarizes students with the major contemporary legal issues of mass
communication law, and draws specific attention to socially responsible approaches to
professional conduct with the goal of avoiding undue harm, litigation, or even criminal
penalties. Course materials and discussion will cover subjects that encourage the
development of critical thinking, moral reasoning, and problem solving skill sets, such as
understanding: how the mixture of historical events, democratic values, legal scholarship,
and ethical theories have shaped the judiciary’s philosophical approach to First Amendment
cases; how speech and press freedoms are balanced with other government interests when
multiple rights and responsibilities come into conflict; and how recent developments in
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communication technology are challenging the judiciary to reconsider how, when, and
where freedoms of expression apply.
Students will learn how to: (1) demonstrate their knowledge of the intellectual roots
of constitutional freedoms of expression, the role of journalists and institutions in shaping
that history, the key cases and issues in the development of free speech protections, and the
contemporary status of the First Amendment’s boundaries of protection; (2) apply First
Amendment and ethical principles to a variety of actual and hypothetical situations, and
produce potential resolutions; and (3) conduct original research that synthesizes key legal
and ethical concepts and contributes to a better understanding of a media law-related topic
of academic, social, and professional significance.
Course materials
Required text: The Law of Journalism & Mass Communication. Trager, Russomanno, & Ross. 3rd
edition. 2011. CQ Press. ISBN: 978-1-60871-669-2
Supplementary required reading materials will be available in PDF format at the D2L course
website each week. Weekly supplemental readings are necessary to create a robust and upto-date reading list to serve as the basis of lively and enriching discussion while also keeping
costs down for students and making sure material is current. Readings include excerpts from
recommended textbooks, court cases, case briefs, law review articles, and relevant articles
from popular press.
The course Twitter feed is @DePaulJLaw. I will post links to course-related news,
documents, and research project ideas there. If you would like to contribute, use the hash
tag #DePaulJLaw.
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Texts recommended for further study:
Mass Media Law. Franklin, Anderson, & Lidsky. 7th edition. 2005. Foundation.
Media Ethics. Patterson & Wilkins. 6th edition. 2008. McGraw-Hill.
Digital Media Ethics. Ess. 2009. Polity.
Critiquing Free Speech. Bunker. 2001. Lawrence Erlbaum Associates.
Assignments
Points
Due date
Exam 1
250
Oct. 5
Exam 2
250
Nov. 16
Final project
300
Nov. 9
Discussion leader & participation 200
Continuous
1,000
Grading
The standard grading scale will be used with appropriate pluses and minuses (90-100
A, 80-89 B, etc.). Students will be evaluated on how well they complete the course’s three
central learning objectives.
Two multiple-choice exams address the course’s first goal, and will assess students’
understanding of the history, development, key issues, important cases, and other fact-based
content that arises from the textbook, supplemental readings, lectures, class discussions, and
other course materials. The first exam includes the material from the first five weeks of class
meetings. The second exam, to be held during the final exam period, covers the final five
weeks, and is not cumulative. Study guides and lecture notes will be made available at the
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course D2L website, and the class will determine collectively whether and when to hold
review sessions before each exam.
Secondly, the class meeting format mixes aspects of lecture and seminar, and
requires students to prepare and participate in class discussion to demonstrate their
achievement of the course’s second objective: the application of key legal and ethical
principles to resolving actual and hypothetical issues of media law and practice. Points will
be awarded based on a combination of regular attendance, consistency of commitment to
participation, and quality of class contributions.
Additionally, each student will be assigned a week to serve as discussion leader,
which will require activities such as a written response to the readings and related situations,
and the creation of a list of original questions to facilitate discussion. The introduction of
discussion leaders provides a framework understanding each week’s topics, and encourages
student preparation and participation in class dialogue appropriate to a cross-listed graduate
and upper-level undergraduate seminar.
Each week, designated discussion leaders will explain key cases and supplemental
readings; identify relevant legal and ethical issues, questions, and examples for reflection;
and apply selected concepts to hypothetical and real-world examples. Discussion leaders
will submit a written report of their reading summaries, their discussion questions, and their
application responses at the conclusion of their designated class meeting.
Specific readings, questions, and applications will be covered at the end of the
preceding week’s class, and will be posted online. Supplemental readings will be posted in
PDF format and/or distributed in hard copies in class. The combination of the oral
presentation and written report will account for the majority of the discussion/participation
points. Extra readings and applications will be designated for graduate students as
appropriate. Although written reports are not required of the other students, each week’s
discussion leader guide will serve as a resource for budgeting reading and preparation. All
students will be expected to contribute to discussion and class participation on a weekly
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basis, but each week’s discussion leaders will shoulder more of that load. Students are
encouraged to make formal or informal notes on the readings, to consider the discussion
questions posed that will form the basis of class discussion, and to generate their own
questions of clarification or reflection.
Lastly, the final project challenges students to fulfill the third course objective by
conducting original research on an instructor-approved topic of academic, social,
professional, and (hopefully) personal significance that demonstrates knowledge,
application, and synthesis of the course subject matter. Detailed requirements and
expectations for the assignment, instructions on where and how to find potential topics and
research materials, suggestions for how to approach the project, and examples of similar
scholarly and student work will be covered in class and made available on the course D2L
website.
Attendance & participation
Attendance is effectively required. Missing class equals a forfeiture of weekly
participation points except in unusual circumstances. Exceptions may require emergency
conditions and medical or university documentation. Please contact me beforehand or at
your first convenience if you have to be absent.
Academic honesty
Academic dishonesty, including plagiarism, will not be tolerated in any form, and
will result in a failing grade on the assignment and possibly the course. Examples include
cheating on exams using notes, technology, or others’ assistance; using information in
presentations or assignments that has not been properly cited or attributed; fabricating
quotes or information and presenting them as facts; and engaging in group work on
assignments expressly identified as individually oriented.
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If you have concerns about the validity of the content or the research and citation
approach you are using for assignments, and whether your work may constitute plagiarism,
please see me before you hand in the assignment. I will be glad to discuss the topic and work
out specific issues with you, but not after-the-fact.
Furthermore, all work done for this course should comply with the University
Academic Integrity Policy available in the student handbook or at
http://academicintegrity.depaul.edu.
Classroom etiquette & special accommodations
Please be on time for each class session, shut off cell phones, and refrain from using
class time for computer work unrelated to class. Due to the lengthy sessions, we will take a
brief break near the midpoint of each meeting for a restroom, phone/email, and
conversation refresher. I promise to include enough interesting course content, multimedia
examples, and discussion to hold your attention in an advanced seminar course.
Students who require special accommodation due to a disability should contact me
privately to discuss their specific needs. All discussions will remain confidential. To ensure
that you receive the most appropriate reasonable accommodation based on your individual
situation, contact me at your earliest convenience, preferably within the first week of class.
Also, make sure that you have contacted the appropriate campus resource center for
support and documentation of your disability: the PLuS Program for learning disabilities,
including AD/HD, at 773-325-1677, Student Center 370; and/or the Office for Students
with Disabilities for all other disabilities, including physical, at 773-325-1677, also in
Student Center 370.
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Cross-listed course
This course includes both upper-level undergraduate and graduate students. All
students will be assessed objectively in the two multiple-choice exams using the same
grading standards. Higher expectations will be held for graduate students in terms of
participation, discussion contributions, and class leadership. Also, graduate students will
have additional requirements and performance expectations as discussion leaders and on the
final research project. These differences will be specified in assignments and grading rubrics.
Please consult me if you have any concerns about the nature of the mixed class or the
expectations, on my part or yours.
About the instructor
Jason Martin is in his first year as an assistant professor of journalism at the DePaul
University College of Communication. He completed his Ph.D. in mass communications in
May 2011 from the Indiana University School of Journalism in Bloomington, Ind., after
about a decade as a professional journalist. He has published multiple scholarly journal
articles on topics of media law and ethics in journals such as Communication Law & Policy and
Journal of Media Law & Ethics. Originally from Charleston, W.Va., he received his bachelor’s
from West Virginia University and his master’s from Indiana University, where he was a
media law and journalism instructor from 2005-2010. He recently moved from Indianapolis
to Roscoe Village with his former journalist wife, toddler daughter, and loyal dog.
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Course schedule (topics subject to adjustment)
Date
Topics (Trager text)
W Sept. 7
Introduction, the rule of law (Ch. 1)
W Sept. 14
First Amendment, ethical and legal theories, prior restraint (Ch. 2)
W Sept. 21
Balancing, scrutiny, forums, and security (Ch. 2-3)
W Sept. 28
Libel and defamation torts (Ch. 4-5)
W Oct. 5
First exam covering the first four weeks of class
W Oct. 12
Privacy, the press and the courts (Ch. 6-7)
W Oct. 19
Access, sources, and reporter privilege (Ch. 8-9-10)
W Oct. 26
Electronic media, obscenity, indecency (Ch. 11-12)
W Nov. 2
Intellectual property, copyright (Ch. 13)
W Nov. 9
Advertising, commercial speech (Ch. 14), Final project due
W Nov. 16
Final exam covering material since the first exam
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