Law of the Press
JRN U550 • Spring 2007
Tuesdays and Fridays, 9:50 to 11:30 a.m.
Dan Kennedy
117 Holmes Hall
Office phone: (617) 373-5187
Cell phone: (978) 314-4721 (call any time)
E-mail: da.kennedy@neu.edu
Class Web site: www.atsweb.neu.edu/dakennedy/lop.html
Office hours: Tuesdays and Fridays, 8:30 to 9:30 a.m.; Thursdays, 1:30 to 2:30 p.m.; and by appointment
Overview
Video blogger Josh Wolf is in jail for refusing to testify about a protest against globalization that he covered and to
turn over his source material. The Boston Herald faces a $2.1 million libel judgment for its critical reporting on a
Massachusetts trial judge. The Bush administration has made it increasingly difficult for members of the public —
including the press — to obtain information from government agencies. Today a reporter — whether a paid
professional or a citizen journalist — may feel as though she must walk through a legal minefield in order to inform
the public.
The press is the only private institution granted its own special protections and privileges under the U.S.
Constitution. The First Amendment states in part: “Congress shall make no law . . . abridging the freedom of speech,
or of the press . . .” Yet, as the legal hazards to the news media continue to mount, freedom of the press becomes
increasingly difficult to define.
During the past century, the press has morphed into what today we call the media: newspapers, magazines, books,
television and radio stations, movies, prerecorded music, and the Internet. Applying the First Amendment — an
18th-century construct — to the 21st century requires us to understand principles that pertain not only to the most
powerful media corporations but also to the anonymous blogger sitting alone in his apartment. Though the wording
of the First Amendment is seemingly straightforward, media law encompasses a host of competing interests. Among
the questions that will be considered in this course:







What restrictions may be placed on the media in order to provide a constitutionally guaranteed fair trial to a
person accused of a notorious crime?
What right of access do the media have to court proceedings and to meetings of governmental bodies?
Does a journalist have a legal right to protect the identities of confidential sources?
Under what circumstances may a person who has been disparaged in the media successfully sue for libel?
Do individuals have privacy rights that trump those of the media to report on those people?
How do the copyright laws both protect and interfere with journalistic activities?
How have the Internet and other emerging technologies changed the laws that pertain to the media?
By the end of this class, you should not only be familiar with those areas of the law that affect the media, but also
with the legal system in general.
Requirements for this class
There are two required texts for Law of the Press: Communications Law: Liberties, Restraints and the Modern
Media (Thomson Wadsworth, fifth edition), by John D. Zelezny, and an Online Reading List of supplemental
materials that I have assembled. You will find this list on the class Web site.
I also strongly recommend a companion book to Communications Law that’s titled Cases in Communications Law:
Liberties, Restraints, and the Modern Media (Thomson Wadsworth, fifth edition), edited by Zelezny. The book
comprises edited versions of many of the court cases we will be reading. You can download the same cases for free
LAW OF THE PRESS • Kennedy • page 1 of 5
using your university LexisNexis account or from an online service such as FindLaw.com. However, please be
aware that you will have to do quite a bit more reading, since Zelezny has cut these cases down to their most
important passages.
The two Zelezny books are available at the university bookstore.
School of Journalism attendance policy
Law of the Press is a large class, and your attendance and active participation are crucial. The School of Journalism
requires that you attend at least 80 percent of all scheduled class meetings. If you miss 20 percent or more of
scheduled classes, you will automatically fail. Every absence will have some effect on my assessment of your class
participation, which will be factored into your final grade. Chronic tardiness may result in my marking you down for
additional absences.
Special accommodations
If you have physical, psychiatric or learning disabilities that may require accommodations for this course, please
meet with me after class or during conference hours to discuss what adaptations might be helpful to you. The
Disability Resource Center, 20 Dodge Hall (x2675), can provide you with information and assistance. The
university requires that you provide documentation of your disability to the DRC.
Assignments, deadlines, and grades








Jan 19: Quiz on American legal system (5 percent of final grade)
Feb. 9: Quiz on free press versus fair trial (5 percent)
Feb. 16: One-page memo on research paper (eight to 10 pages on a key First Amendment case)
Feb. 23: Midterm (20 percent)
March 23: Quiz on defamation (5 percent)
April 6: Research paper (30 percent)
April 10: Quiz on copyright (5 percent)
Finals week: Take-home exam (20 percent)
You will notice that these add up to just 90 percent. The remaining 10 percent will be based on your class
participation.
Semester schedule
Week 1

Jan. 9 and 12
Class topic: Course introduction; the American legal system.
Week 2



Week 3


Jan. 16 and 19
Class topic: The American legal system, continued.
This week’s reading: Communications Law, pp. 1-32.
Note: On Friday, we will have a quiz.
Jan. 23 and 26
Class topic: First Amendment theory; how to read a case. For Friday, class discussion of Gitlow v. New
York, 268 U.S. 652 (1925).
This week’s reading: Communications Law, pp. 33-80; Cases in Communications Law, pp. 1-6; Online
Reading List, Coggin v. Texas.
LAW OF THE PRESS • Kennedy • page 2 of 5
LAW OF THE PRESS • Kennedy • page 3 of 5
Week 4


Jan. 30 and Feb. 2
Class topic: Risks to public safety. For Friday, class discussion of United States v. Progressive, 467 F.
Supp. 990 (1979).
This week’s reading: Communications Law, pp. 81-108; Cases in Communications Law, pp. 8-13 (Near v.
Minnesota), pp. 40-48 (New York Times Co. v. United States).
Week 5



Feb. 6 and 9
Class topic: Free press versus fair trial.
This week’s reading: Communications Law, pp. 249-281; Cases in Communications Law, pp. 140-145
(Nebraska Press Association v. Stuart), pp. 145-151 (The People v. Bryant), pp. 151-154 (Press Enterprise
Co. v. Superior Court of California), and pp. 154-158 (Chandler v. Florida).
Note: On Friday, we will have a quiz.
Week 6



Feb. 13 and 16
Class topic: Protecting sources. On Friday, we will have a guest speaker (tentative).
This week’s reading: Communications Law, pp. 281-295; Cases in Communications Law, pp. 158-164
(Branzburg v. Hayes), pp. 164-169 (In re: Grand Jury Subpoena, Judith Miller), pp. 169-171 (Cohen v.
Cowles Media Co.); and, from the Online Reading List, “Under Fire,” by Rachel Smolkin, the American
Journalism Review, and “Josh Wolf,” by Kim Pearson, the Online Journalism Review.
Note: On Friday, your memo about your research-paper topic is due.
Week 7



Feb. 20 and 23
Class topic: Access to places and information.
This week’s reading: Communications Law, pp. 214-248; Cases in Communications Law, pp. 127-129
(Houchins v. KQED), pp. 130-134 (U.S. Department of Justice v. Reporters Committee for Freedom of the
Press); and two articles that are in the Online Reading List: “Bush’s Secret Government,” by John Podesta,
the American Prospect, and “Under Cover,” by Dan Kennedy, the Boston Phoenix.
Note: On Friday, we will have our midterm.
Week 8

Feb. 27 and March 2
Class topic: Access to places and information, continued. On Friday, we will have a guest speaker
(tentative).
*** SPRING BREAK: March 3-11 ***
Week 9


March 13 and 16
Class topic: Defamation. On Friday, we will have a guest speaker (tentative).
This week’s reading: Communications Law, pp. 109-148; Cases in Communications Law, pp. 66-68 (New
York Times v. Sullivan), pp. 68-72 (Harte-Hanks Communications Inc. v. Connaughton), pp. 72-76 (Gertz
v. Robert Welch); and, from the Online Reading List, five stories on the Boston Herald libel suit:
“Murphy’s Law” and “Dump the Judge,” the two Herald stories that were most at issue in the case; “Libel
Suit Takes Aim at Print Reporter’s Words on TV,” by Alicia Mundy, the Washington Post; “Absence of
Malice,” by Dan Kennedy, the Boston Phoenix; and “Judge Orders Herald to Pay $2.1M in Libel Case,” by
Mark Jurkowitz and Ralph Ranalli, the Boston Globe.
LAW OF THE PRESS • Kennedy • page 4 of 5
Week 10



March 20 and 23
Class topic: Defamation, continued. On Friday, we will have a class discussion of Atlanta JournalConstitution v. Jewell, 251 Ga. App. 808 (2001).
This week’s reading: Communications Law, pp. 148-164; Cases in Communications Law, pp. 77-80
(Milkovich v. Lorain Journal), pp. 85-89 (Zeran v. America Online), and pp. 90-93 (Grace v. eBay Inc.)
Note: On Friday, we will have a quiz.
Week 11


March 27 and 30
Class topic: Invasion of privacy.
This week’s reading, all for Friday: Communications Law, pp. 165-214; Cases in Communications Law, pp.
96-99 (Hoffman v. Capital Cities/ABC), pp. 99-101 (McNamara v. Freedom Newspapers), pp. 101-105
(Florida Star v. B.J.F.), pp. 105-110 (Diaz v. Oakland Tribune); pp. 124-127 (Miller v. National
Broadcasting Co.), pp. 110-117 (Shulman v. Group W Productions), pp. 118-120 (Hustler v. Falwell), pp.
120-122 (Armstrong v. H&C Communications), and, from the Online Reading List, “Star Power,” by Drake
Bennett, the Boston Globe.
Week 12



April 3 and 6
Class topic: Copyright.
This week’s reading: Communications Law, pp. 296-350; Cases in Communications Law, pp. 174-179
(Elred v. Ashcroft), pp. 179-183 (Feist Publications v. Rural Telephone Service); pp. 186-191 (Harper &
Row Publishers v. Nation Enterprises), pp. 191-195 (Campbell v. Acuff-Rose Music), pp. 196-202 (MGM
Studios, et al. v. Grokster, et al.); and, from the Online Reading List, “Grok Around the Clock,” by Emily
Bazelon, Slate, and “Music Rules,” by Andrew Leonard, Salon.
Note: On Friday, your research paper is due.
Week 13




April 10 and 13
Class topic (Tuesday): Copyright, continued.
Class topic (Friday): Obscenity and indecency.
This week’s reading (for Friday): Communications Law, pp. 415-454; Cases in Communications Law, pp.
248-251 (Miller v. California), pp. 258-261 (FCC v. Pacifica Foundation), and pp. 261-267 (Ashcroft v.
American Civil Liberties Union).
Note: On Tuesday, we will have a quiz.
Week 14


April 17
Class topic: Government regulation of electronic media; class wrap-up.
This week’s reading: Communications Law, pp. 351-414; Cases in Communications Law, pp. 210-213 (Red
Lion Broadcasting Co. v. FCC).
Finals week

April 20-27
We will have a take-home exam this semester. Stay tuned for when your deadline will be.
#
#
#
LAW OF THE PRESS • Kennedy • page 5 of 5