Syllabus, SST-295-03
Balancing Privacy and National Security and the Role of the Press
Primary Instructor:
Harvey Nixon ’53, BA Grinnell, Harvard Law School, LLB
Visiting Instructors:
Hal Fuson, '67, BA Grinnell; MS (Journalism), Columbia, JD Cleveland State
Caroline Little, BA Wesleyan; JD New York University
Fred Little ’53, BA Grinnell; Harvard Law School, JD; Georgetown Law
Center, LLM.
Purpose of the Course:
We'll wrestle with some hard issues confronting our country: Balancing privacy
and national security--the role of the press--and the burgeoning social media.
What are the limits? Who says? Analyzing the rule of law. Taught by four
lawyers, two of whom are experienced press professionals, we'll also discuss-we hope demonstrate--those professions' essential skills. Plus at least one great
movie and a chance to be in a relevant play! An intellectual adventure!
Grading:
Class participation generally--1/3
Participation in resolving issues in the play--1/3
Paper--1/3.
Course Schedule:
WEEK I
Monday, Sept 29
Caroline Little
When the public's right to know under the First Amendment can be a challenge
to national security. The what, when and how the government and the media
operate in a digital age.
Cases:
U.S. v Rosen
U.S. v Morison
U.S. v Sterling-Risen
Wednesday, Oct 1
Harvey Nixon
Creating the right to privacy while protecting a free press. Privacy's
proliferating progeny. The benign invaders: Social media and Big Data. The
malign invaders: Balancing privacy and security in a time of terror.
Readings:
Warren and Brandeis, “The Right to Privacy”, Harvard Law Review, Dec. 1890.
Cases:
Klayman v Obama
Klayman II
ACLU v Clapper
Smith v Maryland
Riley v California
Olmstead v US
WEEK 2
Monday, Oct 6
Hal Fuson
Defining and defending America: The development, structure, and terminology
of the law and the litigation/appellate process in creating and limiting a free
press (including social media) while protecting privacy and national security.
Readings:
Fuson, Hal, “Telling it All, A Legal Guide to the Exercise of Free Speech”, Chapters. IV-V.
Wednesday, Oct 8
Hal Fuson
Snowden, nude photos and grisly images: What are the limiting principles for a
free and robust press and social media? Sources and enforcers. Who guards the
guardians?
Readings:
Self-guided research in relevant areas in the current media, printed and digital.
Oct 13 & 15 classes will be described in more detail in a prior class.
WEEK 3
Monday, Oct 13
Harvey Nixon
Students will read aloud and discuss and debate the privacy and press issues in
"Brave New World?" At the end of the class, teams will be assigned to debate a
privacy issue or a press issue at the Oct. 15 class.
Play:
“Brave New World?”
Wednesday, Oct 15
Harvey Nixon
The Great Debates. At the end of class, students will select a privacy issue and a
press issue to discuss in a brief paper (maximum of 2,000 words, not including
references and end notes) due November 5, 2014.