Journalism 430 – Law of Mass Communications FA12
Instructor:
Office:
Class Meets:
Office Hours:
Office Phone:
e-mail:
Dr. Christopher Burnett
SSPA024C
Mondays and Wednesdays, 7-8:15 p.m. in SSPA029C
6-7 p.m. Mondays and Wednesdays
(562) 985-7440
chris.burnett@csulb.edu
COURSE DESCRIPTION, LEARNING OBJECTIVES AND OUTCOMES: The course
examines principles and case studies of media law, with an emphasis on constitutional guarantees,
prior restraints, libel, contempt, taxation, licensing, shield laws, free press v. fair trail, and other
laws affecting the news media. By the end of the course, students will have obtained a basic
understanding of the American legal system. They should have a clear grasp of the First
Amendment and its implications for journalists, the news media, and public relations practitioners.
They also should understand the major areas of mass communications law. Students should
appreciate the common legal problems confronting journalists and other professional
communicators.
This course may introduce new vocabulary and concepts. If a definition or concept is unclear, it
will be to your advantage to quickly clarify it and understand it. Don’t hesitate to ask me
questions, before, during or after class, if concepts are unclear to you.
This syllabus is a contract between you, the student, and me, the instructor. While I take seriously
my obligation to provide information about media law and give you a chance to practice it, I need
you to take seriously your obligation to make a sincere effort to learn that information and
understand and perform the assignments given to you. Please feel free to ask questions at any time
if you are uncertain as to what I expect or what you should do.
This schedule, however, is not set in stone; if we need to take longer on a particular area, we will
try to make accommodations.
There is never a dull moment in media law! Nearly every time we turn on the news, we hear of
some new development in media law, whether it is online pornography, MP3s, or libel suits. This
course is intended to be an introduction to some of the legal areas and issues facing today’s mass
media organizations. You’ll develop skills necessary to recognize potential legal issues facing you
if you should work in a media organization. We will examine First Amendment law and its
specific applications to communication professionals. You’ll be encouraged in class to practice
your legal problem-solving skills on case studies and other forms of applied learning. I hope you’ll
gain a richer understanding of the privileges and responsibilities today’s mass media enjoy…and I
bet you’ll have some fun in the process!
TEXTBOOK: Pember, Don R., and Clay Calvert, Mass Media Law, 18th Edition
I may pass out other readings and handouts as appropriate. You also will need access to
Beachboard to view study guides and lecture notes. You will need Form 882-E Scantrons for
exams. Cellphones must be turned off during class, and no eating of food is allowed. Please, no
text messaging as well. It is OK to bring in your laptop computer to take class notes, but any other
usage in class time (to check e-mail, chat or check your Facebook pages) is impermissible.
NON ATTENDANCE OF EXAMS: It should go without saying that being in class on exam
days is essential. Since we only meet twice a week, anything less than total commitment will
understandably affect your grade. Quizzes will either be online (Desire2Learn) or in class. There
is no makeup on quizzes. For online quizzes, you will have a couple of days at least to take the
quizzes. If you fail to take the quiz during the prescribed time period, you are out of luck. Should
you know in advance you won’t be in class on exam days, you must let me know at least 24 hours
in advance or you can’t take the exam late. (In other words, you can’t e-mail me two hours or
even a half hour before the test, say you can’t make it because you’re sick or stuck in traffic and
then expect to schedule an individual makeup.) Makeup exams, in many cases, will be shortanswer and essay format rather than multiple-choice. Thus, it’s almost always in your best
interest to show up for tests, even if you’re not feeling well or have other life complications. We
will have approximately nine quizzes and three exams. Class will start at 7 p.m. sharp and I will
take attendance sometime during the class period. You need to plan on being in class the entire
period.
HOW TO HANDLE THE READINGS: Not every case mentioned in the text or in the lectures
needs to be incorporated into your memory, although they frequently are useful to understanding a
particular aspect of law. Look for the landmark cases and the lessons they teach us or the changes
they made. When in doubt, please ask. Also, when appropriate and possible, special attention will
be paid to California law, courts and cases. We also will focus on people and groups, such as
ethnic, racial, sexual, and religious minorities, as well as the disabled and the poor, who
traditionally have been overlooked in many media law texts and courses.
PLAGIARISM: If you are caught plagiarizing, you will receive an F for the course. University
plagiarism policies are strictly enforced. See the plagiarism policy handout in your CSULB
catalog if you have any questions.
GENERAL GUIDELINES FOR WRITTEN WORK:
Accuracy. Because we are in a department of journalism and mass communication, it is
important for you to use correct spelling, grammar, and punctuation in your written work.
Accordingly, I will enforce penalties for errors in your written work, to be determined per
assignment.
Late work. We are in an industry (in fact, a world!) controlled by deadlines. Thus, five
points per day late will be deducted from late assignments (including weekends), and I might elect
not to accept assignments more than five days late. Readings quizzes cannot be made up!
Format. All work turned in must be word-processed and printed clearly or typed.
Handwritten work will not be accepted except for in-class work or as noted in other assignments.
Academic misconduct is defined in part as cheating, the fabrication or falsification of
data, or plagiarism. If you are caught engaging in any form of academic misconduct, you will
receive an “F” for the assignment and the course, and I may pursue the academic misconduct
grievance procedure. I’m serious about this stuff: the technology that we are about to study also
can make it very easy for the unscrupulous to engage in academic dishonesty. It’s deeply painful
for all involved to sort out an academic misconduct case. If you have any questions about citing
sources or how to use references, please ask me.
EXAMS AND ASSIGNMENTS:
Quizzes: In this class, as in many classes, if you get behind on the reading, catching up can be
pretty hopeless. To encourage you to keep up, I’ll be giving quizzes every week. Most of these
quizzes will be on the readings. Some of these quizzes may be on Beachboard.; others will be in
class using Scantrons. These are short quizzes (generally around 10 questions) that should be
answerable if you read the material for the day. Other questions will come from the New York
Times, which will be delivered to the department free of charge for our class the weeks of Sept.
10, 17, 24, and Oct. 1. I will give weekly quizzes from the newspaper those weeks, on Thursday
evenings. So make sure to stop by the Journalism and Mass Communication Office, SSPA024, in
advance of class on those days to pick up your paper. Questions will be from the first section of
the newspaper and deal with legal and political events.
Legal Brief: Each of you will pick a case (or be assigned one) involving mass communications
law. Some cases are mainly of historical interest; other cases are more current. All will involve
you (1) describing the facts of the case, (2) explaining the ruling in the case, (3) the legal
2
reasoning behind majority, dissenting and concurring opinions, and (4) the legal and historical
significance of the case. You will present in teams of two. You will get a list of cases the first
week of class, and you will then pick one to present in class and write a one-page summary brief
on. Presentations should last no more than 10 minutes. I will base your grade on presentations on
your ability to explain the case in layperson’s terms in front of class, the accuracy of your
presentation. You should encourage discussion on your case.
Exams: There will be three large multiple-choice exams in the course. These will emphasize legal
problem-solving and the application of legal principles to sample scenarios. They will be given on
882-E Scantrons. Make-up exams will only be allowed in clearly documented situations that have
been communicated to me by phone or in person (not by email) before the original exam. Exams
are not cumulative.
An important note on exams: If you feel you are not “getting it,” please see me sooner rather than
later. Doing well on the readings quizzes doesn’t always predict how well you’ll do on the exams.
If you find that you are studying a lot but still not doing well, talk to me, and we’ll find a study
approach that works for you.
Case studies: The best way I’ve found to teach media law is to follow the case study method. We
will learn about the law, think about the law, and then apply the law to situations that I will
provide.
Extra credit: Students always ask about extra credit. Extra credit assignments outside of class are
unlikely, although I do not rule this out entirely. The best way of ensuring you do well in the class
is to come (I will take attendance daily at different times in the class), keep up with the reading
and do a nice job on the legal brief and presentation. My experience in teaching this and other
classes is that most students do better on class presentations and papers than on exams. It also will
be very important to do the readings quizzes after the class periods.
ATTENDANCE AND CLASS PARTICIPATION:
Much of the material on tests will come from class meetings, so you will benefit from regular
attendance. We go through content very fast in this course. Just about any absenteeism will reflect
poorly on your grade! You are expected to attend every class. Extenuating circumstances, like
illness or other emergencies, need to be documented for special consideration.
E-MAIL:
While many of us are addicted to Facebook and e-mail, and it is a wonderful tool for
communication, there need to be a few policies. I read email several times each day, and I
welcome your communication, but some things need to be discussed in person—in-depth
questions about the material, inquiries about grades, excessive absences. Email is best for quick
clarifications and to schedule meetings. It shouldn’t be considered a substitute for face-to-face
visits.
GRADING:
Three Midterm exams (50 questions worth 2 points each)
Legal Brief and Presentation
Attendance and Quizzes
TOTAL AVAILABLE
A=89.5-100 percent
B=79.5-89.4 percent
C=69.5-79.4 percent
D=59.5-69.4 percent
F= 59.4 percent and below
3
300 points
100 points
100 points
500 points
Class Schedule and Reading Assignments (subject to change--tentative)
Other handouts may be added; Reading quizzes will be drawn from each day’s
chapter(s).
Note: the schedule does not exactly follow the chapters in the book; we skip
around!
Day
Aug. 27-29;
Sept. 5
No Class Sept.
3 – Labor Day
Sept. 10-12; 17
Sept. 19-24
Sept. 26; Oct. 1
Oct. 3
Oct. 8, 10
Oct. 15
Oct. 17
Oct. 22-24
Oct. 29
Oct. 31
Nov. 5 & 7
Nov. 19-26
Nov. 21
Nov. 28, Dec. 3
Dec. 5
Topic
Introduction to Course; the
American Legal System
Readings
Ch. 1
Development of Freedom of
Expression
Sept. 10 – Library Session (Tent.)
Censorship and Prior Restraints
Privacy
Midterm 1: Chapters 1-3, 7-8
Libel: Establishing A Case
Libel: Proof of Fault and Defense
and Damages
Gathering Information/Records
and Meetings
Protection of News
Sources/Contempt Power
Daily Readings Quiz
Ch. 1
Ch. 2 (p. 3369); Ch. 3
Ch. 2 (70-77)
Ch. 7 and 8
Ch. 2-3
Ch. 7 and 8
Ch. 5 and 6
Ch. 5, 6
Ch. 9
Ch. 9
Ch. 10
Ch. 10
Free Press/Fair Trial: Trial Level
Remedies, Restrictive Judicial
Orders and Closed Judicial
Proceedings
Midterm 2: Chapters 4-6, 9-12
Copyright
Telecommunications Regulation
Ch.11-12
Ch. 11-12
Ch. 14
Ch. 16
Ch. 14
Ch. 16
Regulation of Advertising
Thanksgiving Eve – No Class
Regulation of Obscene and Other
Erotic Materials
Presentation of Remaining
Student Legal Briefs; Semester
Wrapup
Ch. 15
Ch. 15
Ch. 13
Ch. 13
4
Day
Wednesday,
Dec. 12, 7:159:15 p.m.
Topic
Midterm 3: Chapters 13-16
Readings
5
Daily Readings Quiz