FREEDOM OF SPEECH AND THE PRESS
Media Studies 104A
Spring, 2012
William Bennett Turner
william.b.turner@comcast.net
Tuesday and Thursday 9:30-11:00 a.m.
101 Barker
Office hours Tues., Thurs., 11:00-12:00 259 Evans
(Virtual office hours anytime on course web site, "Forums")
SYLLABUS
“Congress shall make no law... abridging the freedom of speech, or of the press.”
Constitution of the United States, Amendment I (1791)
“Why be an American if you can’t criticize the President?” Bill Clinton, Dec. 16, 1997.
This course examines the history and contemporary meaning of the First
Amendment guarantee of freedom of speech and the press. This freedom has never been
absolute. Government has always imposed limitations, asserting the need to serve
competing societal values. After an introduction to features of the American legal system
that govern the meaning of the First Amendment, we will consider subversive, symbolic
and protest speech, prior restraints, disfavored speakers, false speech, injurious speech,
speech that invades privacy, the extent to which the First Amendment provides special
protection for the press, and government regulation of new media (including the
Internet).
Reading
Please get the following books right away: (1) William Bennett Turner, Figures of
Speech: First Amendment Heroes and Villains (2011), at the Cal Student Store or order
from Amazon.com; and (2) 2012 Reader, at Copy Central on Hearst at Euclid. (Note that
the Reader for this Spring is very different from the previous one, so you definitely will
have to buy the 2012 Reader in addition to Figures.)
For those who have a special interest in the course subject matter and want more
background, I can recommend some recent books to read either during the course or
after: Anthony Lewis, Freedom for the Thought that We Hate (Basic Books, 2008),
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which discusses many of the issues we’ll cover; Jeffrey Toobin, The Nine (2007), which
gives you a good idea of how the Supreme Court actually operates; Geoffrey Stone,
Perilous Times (2004), which considers, historically, the main threats to free speech in
wartime; and Anthony Lewis, Make No Law (1991), for more on New York Times v.
Sullivan and the history of the First Amendment.
Course Web Site
The web site is an integral part of the course. It has a Forums section -- basically
virtual office hours -- allowing you to ask questions or discuss issues related to the
course. All announcements, updates, changes, etc., will appear on the Announcements
part of the home page. In Resources the site has useful Links to other First Amendment
sites and materials that may be specially assigned or useful.
To get access to the web site, go to http://bspace.berkeley.edu and log in. If you are
enrolled in the course, the name of the course will appear; click on it.
On the home page, you will see a menu on the left.
Click on "Syllabus" for this Syllabus -- the schedule for the course, each subject we'll
consider and the reading assignment for each class.
Click on "Forums" to find the bulletin board feature. By clicking on “General
Discussion” and then “post new thread” you can post questions or messages for
discussion, and “reply” to others' postings. Treat it as virtual office hours.
Click on "Gradebook" to check on your scores on the various grading events. No one
else can see your grades.
Click on "Resources" to find “links” to other First Amendment sites, including the U.S.
Supreme Court site, course policies, and materials that may be specially assigned or
useful.
ATTENDANCE AND GRADING
Class attendance and at least mental participation in the discussion are important:
otherwise you will not learn the material. We will try to get all your questions answered
in class or in virtual office hours (Forums on bSpace). The class discussion will assume
that you have done the reading ahead of time, so that we can rigorously work through the
issues together. You won't do very well if you wait until the last moment and try to cram.
I expect you to check the course web site frequently, no less than once a week. (I
try to check it almost every day to answer questions and see how things are going.)
Announcements and schedule changes will be posted there. The Forums feature allows
you to ask questions -- things you don't understand, terms that need explaining, cases that
don't make sense, something you're curious about but didn't want to ask in class --
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"What's going on here, anyway?" Forums also is an opportunity for you to express your
views on the issues we discuss or on what your classmates say. I'm also available, of
course, in "real" office hours. There are no GSI's or sections, though I do use readers to
help with the grading.
Grading will be based on a midterm on March 15 that will cover all the material to
date, a paper due on April 10, useful participation in class or online discussion, and a
final. There are 200 possible points. Your course grade is determined by your total score
on the midterm, the paper, participation, and the final, weighted 30%, 25%, 5%, and
40%, respectively. There is no curve; everyone can get an A (or a C).
Here's some advice on how to get a good grade: Do the reading on time, before
each class. Come to every class and think about the issues as they're being discussed.
Take good (but not overly detailed) notes on each topic. Don’t try to “memorize;” just
make sure you understand the concepts. Meet with a study group of a couple of friends
for an hour each week, starting at the beginning of the course, to go over the material
discussed that week, and force yourself (take turns, maybe) to explain to your colleagues,
out loud, what the issues were and how they were resolved. Reduce your notes from
class and the reading to a short outline of each section of the course. Study hard.
Anyone admitted to UCB who follows these suggestions can get an A.
Here are some tips from recent student evaluations: “Get in a study group the 1st
day!!” “Keep up with reading.” “Success in this class hinges on class attendance.” “Go
to lecture, everything you need to know for exams is there!” “Never be afraid to
approach Mr. Turner when you have a question….Actually follow the tips he gives you
on the first day of class. Success in his class is very possible.”
LAPTOPS AND CELL PHONES
I now have enough experience to know that cell phones and laptops are a real
distraction in class, for both you and me. So here are the rules: (1) Cell phones must be
turned off, out of sight, and out of reach in your backpack. I.e., no texting; and (2) No
laptops in class unless you have to use one for note-taking and sign a contract with me
(I’ll provide a form) promising that you will use the laptop only for note-taking, will
provide me with a printout of the notes on my request, and will not use it for any other
purpose, including Facebook, email, surfing the Net, or working on other courses.
CLASSES AND READING ASSIGNMENTS
January 17: Introduction. What to expect. Start on Famous Features of the American
legal system.
January 19: Famous Features
Reader, Introduction: Turner’s Famous Features of the American Legal System,
Anatomy of a Civil Lawsuit, the excerpt from Justice Scalia's book (to get a feel for the
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"common law"), and the excerpt on First Amendment Theory. You should also get
familiar with the Glossary, which will answer a lot of questions.
Figures, Foreword and pp.1-6.
January 24: Reading a First Amendment case
Reader, Introduction, Morse v. Frederick. Read Morse carefully and answer the
questions at the end.
January 26: Political and corporate speech: Citizens United
Reader, section 1: Summary of Citizens United v. FEC
Figures, pp. 6-16, 187-92
January 31: Subversive, Symbolic, and Protest Speech
Reader, section 2, Sedition Act of 1798, Stromberg, summary of Cohen v.
California, Clark v. Community for Creative Non-Violence, Comite de
Jornaleros, New York order in Occupy Wall Street case
Figures, pp. 17-25
February 2: Symbolic and Protest Speech, continued
February 7: Prior Restraints: Pentagon Papers
Reader, section 3: Summary of Near v. Minnesota; U.S. v. New York Times (the
"Pentagon Papers" case)
February 14: Finish Prior Restraints; WikiLeaks
Reader, WikiLeaks materials
February 16: Disfavored speakers: The Funeral Protest case; Dannie Martin
Reader, section 4, summary of Snyder v. Phelps
Figures, pp. 45-57
February 21: Jehovah’s Witnesses cases and U.S. v. Stevens
Figures, pp. 27-44
Reader, sec. 4, United States v. Stevens
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February 23: False speech (Libel): Common law libel
Reader, section 5: the provisions on defamation from the California Civil Code;
Dorsey v. National Enquirer
February 28: New York Times v. Sullivan
Reader, section 5: New York Times v. Sullivan.
March 1: Aftermath of Sullivan; U.S. v. Alvarez
Reader, section 5: Excerpts from Ninth Circuit opinions in Alvarez, clipping
(Alvarez is the basis for your paper due April 10)
March 6: Injurious Speech: Hustler v. Falwell
Reader, section 6: Hustler v. Falwell, political cartoons
Figures, pp. 143-50
March 8: Injurious Speech
Reader, section 6: Herceg v. Hustler, Brandenburg v. Ohio, clippings on terrorist
speech, American Booksellers, and the Violent Video Games case.
Figures, pp. 37-38, 121-32
March 13: Review for Midterm
March 15: Midterm (30% of course grade)
March 20: Privacy
Reader, section 7: Shulman v. Group W Productions; Moreno v. Hanford
Sentinel.
March 22: Privacy: Publication of Private Facts; First Amendment limitations
Reader: Florida Star; Bartnicki summary
March 27, 29: No class; Spring Break
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April 3: Access to places and information, including coverage of the administration of
justice: A First Amendment right of access to jails?
Reader, section 8: Houchins v. KQED
Figures, pp. 99-114
April 5: Access to courts, other proceedings, and executions
Reader: clippings on televising executions.
April 10: “Or of the press;” Paper due (25% of course grade)
Reader, section 9, “Or of the Press” (Stewart speech) and “A Preferred Position
for Journalism” (Lewis article)
Figures, pp. 93-96
April 12: Discussion of U.S. v. Alvarez
April 17: Different Rules for New Media? Government regulation of broadcast and
print.
Reader, section 10: Red Lion, Miami Herald v. Tornillo
April 19: Different Rules: Regulation of radio, television, cable; sexual speech
Reader, section 10: summary of recent decisions on indecent speech and cable
regulation ("From Pacifica, via Dial-a-Porn"), FCC policy on indecent
broadcasts, summary of FCC v. Fox Television, excerpts from FCC report on
violent television programming.
Figures, pp. 137-40
April 24: Different Rules: Government regulation of the Internet
Reader: Reno v. ACLU, Son of CDA on new attempts to regulate online sex,
Ashcroft v. ACLU, COPA on remand, and U.S. v. American Library Association.
Figures, pp. 155-78
April 26: Finish Different Rules
May 1: Optional review session
May 9, 11:30 : Final exam (40% of course grade)
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