Communications 401
Legal Aspects of Communication:
Media Law in the Digital Age
School of Communications
Fall 2009
Barbara Wall
Class meetings Wednesdays 5:30-8:00 p.m. /MGC 324
Office hours: by appointment.
Phone number: 703-854-6951 (office) 571-213-2941 (cell)
Email: bwall@gannett.com
Course Goals: This class is designed to familiarize undergraduate students with the legal
principles that affect communications in the digital age. We will examine First
Amendment precedents and government regulation and discuss their applicability to
speech in an era when many communications take place electronically: via email, on
websites and in social networks, through mobile devices, etc. Students will study both
statutory and case law -- particularly U.S. Supreme Court cases -- and will learn how to
read legislation and court opinions. Students will also learn how to apply the reasoning of
earlier precedents to modern technology. Each week we will look at an area of
communications law where the legal principles are well established and then examine
their applicability to the online world. It should go without saying that the law in this area
is developing rapidly. As a result, the class assignments and description of topics to be
outlined below may be revised as developments warrant.
Texts:
John D. Zelezny, Public Communication (5th Ed.)
Required readings:
Assignments will be those listed below as well as handouts on digital cases and other
issues. Assigned cases can be found on a variety of websites such as www.altlaw.org, and
Cornell’s Legal Information Institute website: www.law.cornell.edu.
Course Requirements:
Students must read all assigned readings prior to class. I do not follow the textbook
during classroom lectures. The textbook and the handouts provide the background
information you need to discuss the issues during class time.
The university requires students to attend class and I expect you to do the same. Class
attendance is important because we will discuss issues that are not covered in the reading
materials. Attendance will be taken through a sign-in sheet circulated at the beginning of
each class.
Excused absences will be allowed for extenuating circumstances such as illness with a
note from your doctor, family emergencies corroborated by documentation, or religious
observances. Please note that even one unexcused absence may have a negative effect
on your grade.
There will be two exams in this class. The midterm will cover torts and the final will
cover intellectual property, access, government regulation of speech, and the internet.
There will be two exams. As well, class participation is important to the success of this
class and will count for 25% of your grade for the course.
Grades:
Grades are calculated as follows:
Exam #1: 35% or 40% (depending on your grade--I’ll give more weight to the higher
score)
Exam #2: 35% or 40% (same)
Class participation: 25%
Academic Integrity:
Standards of academic conduct are set forth in the school’s academic integrity code. By
registering, you have acknowledged your awareness of the code, and you are obliged to
become familiar with your responsibilities as defined by it. Violations will not be treated
lightly, and disciplinary action will be taken should such violations occur. Please see me
if you have any questions about academic integrity --either in general, or as it relates to
particular requirements for this course.
Class topics and Assignments
Introductory Material
August 26: Introduction to course, review syllabus
General discussion of issues, explanation of “state action,” and review of court systems,
civil procedure, and jurisdiction
Torts/Private lawsuits against speakers in print, over the air and on the web
September 2: Libel & False Light
Required reading:
NYT Co. v. Sullivan, 376 U.S. 254 (1964)
Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)
Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)
Text Ch. 4
September 9: Libel, continued and the Communications Decency Act
September 16: No Class
September 23: Privacy
Required reading:
The Florida Star v. B.J.F., 491 U.S. 524 (1989)
Shulman v. Group W. Productions, 955 P.2d 469 (Cal. 1998)
Text pgs 165-198, 200-203, 207-211 (Privacy in Cyberspace)
September 30: Newsgathering Torts & Negligence
Required reading:
Bartnicki v. Vopper, 532 U.S. 514 (2001)
Food Lion v. Capital Cities/ABC, 194 F.3d 505 (4th Cir. 1999)
Cohen v. Cowles Media 501 U.S. 663 (1991)
Text pages 199-200 (Fraud); 203 (Trespass); 204-207 (Identity Betrayal and
Wiretapping)
October 7: Libel, Privacy and Newsgathering in the Real World
October 14: Midterm Exam
Intellectual Property
October 21: Intellectual Property, Copyright & Trademark Infringement, Parody
Required reading:
Feist Pub. v. Rural Telephone Serv. Co., 499 U.S. 340 (1991)
Harper & Row Pub. V. Nation Enter., 471 U.S. 539 (1985)
Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994)
Sony Corp. of America v. Universal City Studios, 464 U.S. 417 (1984)
Text, Ch. 8
October 28: Intellectual Property, continued
A & M Records v. Napster, 284 F 3d (9th Cir. 2001)
MGM Studios v. Grokster, 125 S. Ct. 2764 (U.S. 2005)
Government Interference with Speech
November 4: Commercial speech & Advertising regulations
Required reading:
Central Hudson G&E v. Public Service Comm’n, 447 U.S. 557 (1980)
Bolger v. Young’s Drug Products Corp., 463 U.S. 60 (1983)
Greater New Orleans Broadcasting v. U.S., 527 U.S. 173 (1999)*
FTC v. Colgate-Palmolive, 380 U.S. 374 (1965)
Text pgs.455-493
Access to Information
November 12: Access issues & FOIA
Required reading:
Nebraska Press Assoc. v. Stuart, 427 U.S. 539 (1976)
Press Enterprise Co. v. Superior Court (P.E. II), 478 U.S. 1 (1986)*
Additional reading:
Text pgs 223-243 and 266-278
November 18:Government Regulation of Speech
Near v. Minnesota, 283 U.S. 697 (1931)
Miami Herald v. Tornillo, 418 U.S. 241 (1974)
NYT Co. v. U.S., 403 U.S. 713 (1971)
Text pgs. 33-70, 89-90
November 25: Thanksgiving Break (No Class)
December 2: Reporters’ Privilege and Anonymous Speech
Branzburg v. Hayes, 408 U.S. 665 (1972)
In Re: Grand Jury Subpoena, Judith Miller, 397 F. 3d 964 (D.C.Cir. 2005)
Text pgs. , 281-290
December 9: Obscenity
Required reading:
Miller v. California, 413 U.S. 15 (1973)
FCC v. Pacifica Foundation, 438 U.S. 726 (1978)
Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)
Red Lion Broadcasting v. FCC, 395 U.S. 367 (1969)
Text Ch. 9, 10 & 11
December 14 5:30-8:00: Final Exam