1 Topics in Media Law and Ethics: Ethics and Media Work JAMS 840 Fall 2015 Wednesdays, 5:30-8:10 p.m. David S. Allen 581 Bolton (DRAFT) David S. Allen 576 Bolton Hall Phone: The department no longer provides office phones for faculty. The best way to reach me is via email. However, in an emergency you can leave a message for me in the main office, 414-229-4436. Email: dsallen@uwm.edu Office hours: Course Description and Objectives People who work in media industries are living through interesting and stressful times. As these industries struggle to adapt to a changing technological, economic, and cultural environment, media workers are faced with new ethical challenges. What role does the audience play in the creation of media content? What constitutes an acceptable use of someone else’s work? What constitutes “good work” within an area of work? How much transparency is required in the production of media works and when is transparency not required? Is the demographic division of society to make marketing more efficient an ethical practice within a democratic society? These and many other questions are at the foundation of this seminar. It seeks to help students recognize, understand and study ethical problems that citizens face in the manufacture and creation of content in a wide range of industries. This seminar will introduce students to ethical theory, but it does not ask students to become philosophers. Instead, theory is used as an entrée into the much larger ethical discourse that is embedded in the everyday practices of media workers. In short, this seminar attempts to uncover and understand how ethical dilemmas are dealt with and resolved in the lived world. The examination of how workers deal with ethical questions requires not only a grasp of ethical theory, but also an understanding of the social and cultural environments in which workers live. Students will be asked to identify a particular ethical dilemma faced by workers in one segment of the media (journalism, advertising/public relations, music, blogging, texting, television, gaming, etc.), write an extensive literature review that identifies suitable research questions, conduct in-depth, qualitative interviews with workers, and interpret that data to better understand how workers deal with ethical dilemmas. By the end of the semester, students should: 1) Be able to demonstrate the ability to apply theory as a way of helping them identify and study ethical dilemmas in media work. 2 2) Understand, gather and analyze data from in-depth, qualitative interviews. 3) Construct a research paper that makes connections between original research and existing literature, and directly answers established research questions. Readings There are three required books for the course. They are: Ettema, James S., and Theodore L. Glasser. Custodians of Conscience: Investigative Journalism and Public Virtue. New York: Columbia University Press (1998), 978-0-31-10675, $29.50. James, Carrie. Disconnected: Youth, New Media, and the Ethics Gap. Cambridge, MA: MIT Press (2014) 978-0-262-02806-6, $20.00. Rubin, Herbert J., and Irene S. Rubin. Qualitative Interviewing: The Art of Hearing Data, 3rd ed. Thousand Oaks, CA: SAGE Publications (2012), 978-1-4129-78378, $46.50. Sandel, Michael J. Justice: What’s The Right Thing To Do? New York: Farrar, Straus and Giroux (2009), 978-0-374-18065-2, $10. In addition, the following articles are available in the content section of this course’s Desire 2 Learn (D2L) site: Abbott, Andrew. “The Claim of Jurisdiction.” Chap. in The System of Professions: An Essay on the Division of Expert Labor. Chicago: University of Chicago Press (1988): pp. 59-85 Allen, David S. “Jürgen Habermas and the Search for Democratic Principles.” Chap. in Moral Engagement in Public Life: Theorists for Contemporary Ethics. Sharon L. Bracci and Clifford G. Christians, eds. New York: Peter Lang (2002): pp. 97-122. Aufderheide, Patricia, and Peter Jaszi. “Copyright, Free Speech, and the Public’s Right to Know: How Journalists Think about Fair Use.” Center for Social Media (2012), available at http://www.centerforsocialmedia.org/fair-use/relatedmaterials/documents/copyright-free-speech-and-publics-right-know-howjournalists-th Biocca, Frank. “Opposing Conceptions of the Audience: The Active and Passive Hemispheres of Mass Communication.” Communication Yearbook, 11 (1988): pp. 51-80. Boczkowski, Pablo. “Monitoring and Imitation in News Production.” Chap. in News At Work: Imitation in an Age of Abundance. Chicago: University of Chicago Press (2010): pp. 58-82. Cooper, Martha, and Carole Blair. “Foucault’s Ethics.” Chap. in Moral Engagement in Public Life: Theorists for Contemporary Ethics. Sharon L. Bracci and Clifford G. Christians, eds. New York: Peter Lang (2002): pp. 257-276. Deuze, Mark. “Media Professions in a Digital Age,” chap. in Mediawork, Cambridge, UK: Polity Press (2007): pp. 84-112 Drumwright, Minette E., and Patrick E. Murphy. “How Advertising Practitioners View 3 Ethics: Moral Muteness, Moral Myopia, and Moral Imagination,” Journal of Advertising, 33 (Summer 2004): pp. 7-24. Fischman, Wendy, Becca Solomon, Deborah Greenspan, and Howard Gardner. “From Cocoon to Chaos in Journalism.” Chap. in Making Good: How Young People Cope with Moral Dilemmas at Work. Cambridge, MA: Harvard University Press (2004): pp. 24-58. Fishman, Mark. “Exposure to the Newsworld.” Chap. in Manufacturing the News. Austin: University of Texas Press (1980): 27-53. Gans, Herbert J. “Journalists and Audiences,” Chap. in Deciding What’s News. New York: Vintage Books (1980): pp. 229-248. Geertz, Clifford. “Thick Description: Toward an Interpretive Theory of Culture.” Chap. in The Interpretation of Cultures: Selected Essays. New York: Basic Books (1973): pp. 3-30. Greider, William. “Angle of Vision.” Chap. in Who will tell the People: The betrayal of American democracy. New York: Simon & Schuster (1992): pp. 287-306. Johnston, Kim Amanda, and James L. Everett. “Employee perceptions of reputation: An ethnographic study.” Public Relations Review, 38 (2012): 541-554. Napoli, Philip M. “Contextualizing Audience Evolution.” Chap. in Audience Evolution: New Technologies and the Transformation of Media Audiences. New York: Columbia University Press (2011): 25-53. Paterson, Chris, and Anna Zoellner. “The efficacy of professional experience in the ethnographic investigation of production.” Journal of Media Practice, 11 (2010): pp. 97-109. Plaisance, Patrick Lee, and Joan A. Deppa. “Perceptions and Manifestations of Autonomy, Transparency and Harm Among Newspaper Journalists.” Journalism & Communication Monographs, 10 (Winter 2009): 327-386. Robinson, Sue. “Journalism as Process: The Organizational Implications of Participatory Online News,” Journalism & Communication Monographs, 13, 3 (Autumn 2011): pp. 139-210. Papers and Presentations Each student is required to complete three related writing assignments during the semester. I believe it is best to view the writing of research papers as a process and the assignments are an attempt to assist students in that process. In other words, during the semester students will be writing different pieces of their final research paper, which should allow them to put the pieces together at the end of the semester for a complete paper. Please note that due dates are tentative and might change as the semester’s work proceeds. While more information will be distributed during the semester, they are briefly described below: Project proposal paper: Due on Wednesday, Oct. 5, this short paper should describe your proposed research project for the semester. It should describe not only what research questions will guide your study, but also where and how students will gather information (including information about potential research sites). We will spend time in and out of class prior to this due date discussing your potential research projects. It is worth 25 points. 4 Literature review: Due on Wednesday, Oct. 26, this paper, which should be “around” 10 pages, will review literature that is pertinent to your research project. The paper should clearly explain previous research, explain why that literature is important to the project, and close with research questions that the project will attempt to address. It is worth 100 points. Final research paper: The final research paper will include the literature review that you completed earlier in the semester as well as data derived from in-depth, qualitative interviews with media workers. The final paper should be “around” 20 pages and will include evidence to answer the research questions. Students are required to generate transcripts from interviews and make them available to other members of the class. The final paper, worth 200 points, will be due Dec. 16. In addition to those writing projects, students will also be graded on a number of other activities during the semester. In preparation for conducting longer interviews with media workers, students will be asked to conduct a short, practice interview with a colleague or friend early in the semester. Students will be asked to transcribe these interviews and share them with the class. The class will then use these interviews to gain practice analyzing data. This practice interview will be due Wednesday, Sept. 28, and is worth 50 points. Students are also required to make a presentation to the class during the final weeks of the semester, worth 25 points. The presentation should discuss the project’s findings and its significance. While we will spend much more time in class discussing potential projects, it is important to note that projects can address a wide range of topics revolving around the idea of the ethics of media work. At the very least, however, your research must be built on evidence gathered through interviews and/or observation of media workers. Please be aware that this will require work outside of the classroom. It is vital that you identify potential research projects as early as possible since obtaining access and cooperation is not always possible. Students are allowed to work in groups. For example, several students might decide to study how television news workers decide when it is necessary to label video as “file footage” and when it is not. Students could interview workers at different television stations. A student would be required to complete his or her own research paper, but each student can use data gathered by other students in his or her paper. This requires that students be willing to share their research findings. Discussions and Participation Generally, we will try to concentrate on one topic per class meeting. (See the attached schedule.) It may be necessary to adjust the schedule as the semester progresses. It is assumed that students will have read the assigned readings prior to class meetings. Students will be responsible for information contained in the readings and class discussions. One of the goals of this class is to move the discussion of ethics and media work from the abstract to the practical. For us to achieve that goal, class discussion is essential. That means I expect more from you than questions, although questions are 5 welcome at anytime. I want your opinions, your ideas, and your comments. I expect you to bring possible discussion topics to class. Points will be awarded for class participation. Points will be awarded based on your willingness to attend and participate in discussions. In addition, each student will be asked to lead one class discussion during the semester, which will require each student to develop several research questions. I realize that not all people feel comfortable expressing their opinions in front of groups. One of my goals is to help you overcome that discomfort by creating an atmosphere conducive to discourse. If, however, for some reason you do not believe you can participate in class discussions, please see me during the first week of class. Some of the subjects that we will be discussing are likely to generate strong feelings for some members of the class. I strive to be open to divergent ideas and comments, and I expect all members of the class to be similarly receptive. This does not mean you must agree, only that you treat people with respect and civility. Academic Misconduct It is essential that all work you submit for this class be your own and/or contains proper attribution. UWM’s academic misconduct policy is as follows: “The university has a responsibility to promote academic honesty and integrity and to develop procedures to deal effectively with instances of academic dishonesty. Students are responsible for the honest completion and representation of their work, for the appropriate citation of sources, and for respect of others’ academic endeavors.” I will refer cases of academic misconduct to the Graduate School with a recommendation for disciplinary action. A more detailed description of Student Academic Disciplinary Procedures can be found in Regents Policy, UWS Chapter 14 and UWM Faculty Document #1686. Please do not let this happen. If you have questions about this policy, please contact me. Special Accommodations Students who need special accommodations are encouraged to talk with me as soon as possible. They should also contact the Student Accessibility Center. More information is available at this link: http://www4.uwm.edu/sac/ Points Points will be awarded based on the following: Practice interview/ Transcript Project proposal: Literature review: Final paper: Final presentation: Participation: 50 points 50 points 100 points 200 points 25 points 25 points 6 Total 450 points 7 Class Schedule Day Topic Readings 9-2 Introduction No assigned readings 9-7 Introduction to Ethical Theory Sandel 9-14 Ethical Theory (cont.) Allen; Cooper and Blair; Fischman, et. al 9-21 Qualitative Interviewing Geertz; Rubin and Rubin, chaps. 1-4; Paterson and Zoellner 9-28 Qualitative Interviewing Rubin and Rubin, chaps. 5-12 Practice interview/transcripts due 10-5 Media Work and the Ethics of Professionalization Abbott; Deuze; Greider; Drumwright and Murphy Project Proposal due 10-12 Ethics and the Audience Gans; Biocca; Napoli 10-19 Media Work and Decisionmaking Ettema and Glasser 10-26 The Ethics of Process and Routine Robinson; Boczkowski; Fishman Literature Review due 8 Class Schedule Day Topic Readings 11-2 Ethics and New Media James 11-9 Ethics and Legal Constraints on Media Work Aufderheide and Jaszi 11-16 Media Work and Perceptions of Values and Culture Plaisance and Deppa; Johnston and Everett 11-23 Thanksgiving (no class) 11-30 Class Presentations No required readings 12-7 Class Presentations No required readings Final papers due Wednesday, Dec. 16