MEDIA LAW & ETHICS 461/561 FALL SEMESTER 2014 SYLLABUS Professor: Chris Crutchfield 138 Stewart Hall Office: 612-245-3745 or 320-308-3293 (main office) Classroom: Stewart Hall 120 Time: 6:00-8:45 p.m. Wednesday Evenings Office hours: Appointment only Required Texts: Advertising and Public Relations Law, Moore, Maye & Collins, Routledge Publishing Intro to the Law of Public Relations & Advertising, Frank Walsh, 3rd edition, Kendall/Hunt Publishing Company. Supplementary readings and on-line research: COMM 461 IS EXCLUSIVELY FOR MASS COMMUNICATIONS MAJORS IN THE ADVERTISING & PUBLIC RELATIONS SEQUENCES. CATALOGUE DESCRIPTION: COMM 461/561. Media Law and Ethics: First Amendment foundation, commercial speech, with an emphasis on state and federal advertising regulation, copyright, media ethics and diversity in historical, theoretical and practical contexts. Prereq: 220, admitted COMM major/minor (advertising or public relations) with senior standing, or permission of instructor. 3 Credits. COURSE OBJECTIVES: SECOND YEAR OFFERING. There are three main objectives for this course: 1) to assist students in recognizing and avoiding serious infractions of the law in preparing material for the promotional media of mass communication; 2) to suggest contemporary ethical standards and considerations within the framework of common law, statutory law and constitutional law; and 3) to demonstrate the problems of balancing individual rights against the rights of society, particularly in terms of promotional media, journalism and the mass media, with a strong undercurrent of influences of diversity. 1 Topics to be covered 1. Basic government and legal structure 2. The first freedoms and freedom of speech 3. Privacy 4. Trademark 5. Copyright 6. Defamation 7. Commercial Speech 8. Regulations/FTC 9. Contracts 10. Practical legal diversity issues 11. Practical legal ethical issues 12. Legal responses to media crisis 13. Practical business legal issues PROCEDURES : Students will be expected to have read the assigned material prior to the class periods in which particular topics will be discussed. No term paper is required for this course for undergraduates because careful and sustained study of the issues is essential to successful completion of the course. Class attendance and participation are crucial to successfully complete this course. The instructor reserves the right to call upon students in class to discuss various issues covered in the lectures and required reading materials. The premium considerations in an oral response are reasoning based on the readings, not necessarily the correct answer. Those students who fail in preparation will be docked accordingly at the grading time, especially in borderline cases. Grading: Examinations: Quizzes: Assignments: Attendance/participation: 70% 10% 15% 5% There will be two examinations during the quarter. Major examinations are announced in the course schedule, subject to change by announcement in class. The instructor reserves the right to give announced and unannounced quizzes throughout the semester. Students who miss quizzes or major examinations without notification in advance will receive a zero. Grades will be determined on the basis of total points earned, then assigned a letter grade. GRADE SHADING OF PLUS OR MINUS IS USED. IMPORTANT NOTE: The faculty of the Department of Mass Communications does not to accept "D" as a passing grade for courses taken within the department for majors or minors. Therefore, any student earning a "D" or "F" grade in any of the department's courses will have to retake the same course for a better grade if he or she plans to major or minor in mass communications. THIS COURSE IS SO IMPORTANT THERE WILL BE NO PROMOTIONAL GRADES ASSIGNED. 2 From time to time, the instructor may announce optional study and discussion sessions. These sessions will be open to all students but students experiencing conceptual problems with the subject matter are the targets of these extra sessions. This is an opportunity for students to ask questions of the instructor and to obtain hints aimed at improving "testpersonship." The key to success in this course is you. I suggest the following study techniques: 1)Attendance can be the key. Choosing not to attend can be a deal breaker. There will be a heavy emphasis on class notes in tests. Be on time, but don't miss an entire class period because you are a few minutes late. 2) Read required material before class on a topic area. 3) Consider forming or joining student study groups. Two to four heads are better than one every time. 4) **After each topical area is complete, prepare a study outline based on lecture notes, lead text and supplementary readings. Class notes should highlight what your instructor thinks is important. 5) If you are experiencing extreme difficulty, try not to simply stew about it in hopes it will go away. It won't. If anything, it'll get worse. See your instructor for guidance. DIVERSITY COMMITMENT SCSU Department of Mass Communications is committed to preserving and fostering diversity and complying with the equity guidelines set by the university. At the department level, we recognize diversity in faculty, staff, and students, and we strive to enhance the richness offered by this great opportunity. I value giving voice to all in a respectful environment. NOTA BENE: This course focuses on the outer limits of free expression as well as bedrock principles. Unpopular forms of communication include racist, sexist, indecent, homophobic, politically incorrect, unpatriotic and anti-Semitic words and images. Accordingly, some of the language, topics and sources involved in media law may challenge your sensibilities. For questions or concerns, please contact your professor for a conference. SPECIAL NOTE: All testing materials are the property of the professor or the department. Misappropriation will result in disciplinary action and automatic course failure as will all other forms of academic dishonesty. SEE STUDENT HANDBOOK. PLEASE TURN OFF CELL PHONES AND PAGERS DURING THE CLASS TIME UNLESS SPECIAL CIRCUMSTANCES EXIST. No texting during class. Best method to contact professor with information about missing class is by E-mail. 3 SPECIAL REQUIREMENTS FOR COMM 561 STUDENTS: Graduate students are required to excel in all aspects of a COMM 461-561 taken concurrently with undergraduate’s students. The following requirements may not be waived: 1. Mandatory class attendance; 2. Mastery of subject matter, which means scoring at least B or A level on all three exams; 3. Conferences with the instructor during the second and eighth weeks of the semester; 4. Completion by the last day of class of a term paper in a selected topic approved by the instructor consistent with the student's graduate school curriculum. About 15 pages long; about 20 to 30 footnotes. The paper shall demonstrate graduate-level research skills, analytical thought and writingpresentation. Varied sourcing expected. 5. Optional extra credit: willingness to assist professor with tutoring students who require additional assistance. Media Law and Ethics (COMM 461) OBJECTIVES: Students will understand how to: Analyze the legal and ethical problems and solutions relevant to mass communications and to audiences Develop ethical principles and their application in professional practice, including the core principles of truth, fairness and diversity. Develop skills in critical thinking, clear and thoughtful communication and open inquiry through research and creative activity through analyses of media ethics case studies with emphases on applicable ethical origins, professional ethical standards, ethical dilemmas and applying ethical guidelines. Employ and utilize the principles, laws, rights, and responsibilities of free speech and the media, including the right to dissent, to monitor and criticize power, and to assemble and petition for redress of grievances. Apply the legal aspects of the media and its regulatory environment (including the First Amendment and its meaning for professional practices and democracy) to media practices. Address the relationships between issues of diversity and laws, policies, social relationships and cultures of America. Clarify and articulate their own values through the expression of opinion and an understanding of the difference between opinion and fact through the explication of various contemporary media case studies. 4 Mass Comm Law 461/561 Schedule 6:00-8:45 p.m. Wednesday Evenings Wed, Aug. 27 Roll call, introduction (Intro Quiz) Group assignments Wed., Sept. 3 U.S. Legal Systems & Introduction to Law Wed., Sept. 3 First Freedoms/ First Amendment & Privacy Wed., Sept. 10 The law of Copyright Wed., Sept. 17 The law of Trademark Wed., Sept. 24 No Class MACCAC Wed., Oct. 1 Midterm Examination Wed., Oct. 8 No Class Fall Break Wed., Oct. 15 Defamation Wed., Oct. 22 Commercial Speech Wed., Oct. 29 NO CLASS Wed., Nov 5 Regulations/FTC Wed., Nov 12 Data Privacy and FOIA Wed., Nov 19 General Law of Contracts Wed., Nov 26 No Class/Thanksgiving Wed., Dec. 3 Data Practices Wed., Dec. 10 Exam Prep Wed., Dec. 17th FINAL EXAMINATION Regular class time and room. 5