COMM401-005, COMM401-006 Prof. Simpson Spring 2009 Tuesdays & Fridays 9:55-11:10 AM Legal Aspects of Mass Communication Purpose This course has three main goals. It will provide: • An introduction to media and communication law that you’ll need to survive and thrive in media industry jobs or in graduate school; • An understanding of the basics of legal reasoning; • Knowledge of important, current media law controversies and policy issues of considerable importance to the United States. The course will introduce the following aspects of media and communication law, in roughly this order: Sources of law and the basics of the court system in the US; Prior restraint and government censorship; Defamation; Media law aspects of privacy issues; Legal aspects of the Internet and new technologies; Copyright and intellectual property; Commercial speech and advertising; Access to records, meetings, and courts; Broadcasting regulation; Laws concerning obscenity and indecency. 1 Office Hours Please drop by if you'd like to discuss the course or if you need to have an assignment clarified. My office is at 330-H MGC, and office hours for the fall 2009 semester are 11:30 AM to 1:30 PM on Mondays and 2:30 PM to 4:30 PM on Thursdays. I'll also meet with you by appointment. For first-come, first-served conversations, please feel free to just stop by the office during those times. During busy times of the year, you can guarantee an appointment by signing up for a specific time using the calendar on my door. My mailbox is at MGC 300. My office phone number is (202) 8852037. My e-mail address is simpson@american.edu. Contact me directly if you need a professor's permission for something. Textbooks Textbooks and Supplies There will be substantial readings from resources on the WWW for this course, and you’re expected to keep up with news developing in this field. We’ll discuss these important course requirements in more depth in class. For a guide to the online materials, see Simpson’s Online Resources in Communication Law. This is available on the course Blackboard site and also will be distributed in class. For the textbook, you are welcome to use any standard textbook that is designed for university-level study of communication law that has been published in 2006 or later. Here are examples: Keith Middleton, et al, The Law of Public Communication (5th edition or later); Paul Siegel, Communication Law in America (2nd edition or later); John Zelezny, Communication Law (4th edition or later); T. Carter, et al., Mass Communication in a Nutshell (2006 or later); Dwight Teeter, Law of Mass Communication (2005 or later); Robert Trager et al, Law of Public Communication (2006 or later). 2 There are other appropriate textbooks as well. The Middleton and the Siegel books will be available in the university bookstore, and all of the books are sold online via Amazon and other companies. As you know, titles that are sold at the university bookstore can often be sold back to the store at the end of the course, if you wish. However, purchasing textbooks online is almost always less expensive than purchasing a new or a used copy at the university bookstore. Grading The grade of A is awarded only for excellence. Students who achieve it have turned in all work on time; consistently demonstrated creativity, originality and high quality work; and have achieved an A average on class projects and exams. The grade of B is given to students who have turned in all work on time; whose work shows creative thinking, extra effort or care in presentation; and who have achieved a B average on class projects and exams. The grade of C is given to students who have turned in all class work; maintained an average of C grades on class projects and exams (as proportioned below); and when the overall evidence indicates that the student has mastered the basic materials and skills of the course. The grade of D or F is given for work that is below standard, incomplete, or consistently late; to students who have achieved a D or F average on class projects and exams; to students who fail to attend four or more class sessions (except for authorized absences), or when the overall evidence indicates that the student has not mastered the basic materials and skills of the course. Violations of the university's Academic Integrity Code may also result in an F grade. Calculating the Course Grade There will be readings or other homework assigned for each class meeting. These are part of your Class Preparation and Course 3 Contribution (CP&CC) score, which is discussed in more detail below. CP&CC counts for 30 percent of your course grade. There will be a Midterm Exam on Tuesday, October 13 focusing on the sources of communication law, censorship, libel law, privacy law and internet law. You'll need to be familiar with the key cases and vocabulary used in these areas of law. One half of your Midterm Exam score will be a Midterm Progress Report on your Term Project, which is discussed in more detail under ‘Term Project’ in the Course Assignments part of this syllabus. Together, the two parts of your Midterm Exam count for 20 percent of the course grade. You’ll complete a 13 to 15 page Term Project on the history and effects of a precedent-setting case in communication law. Your subject will be assigned at our fourth class session on Sept. 4, a progress report is due Oct. 13, and the completed project is due Nov. 20. The requirements are discussed below under Course Assignments. The Term Project counts for 25 percent of the course grade. There will be a Final Exam at the end of the course. It will emphasize the second half of the course, but you’ll need to be familiar with the concepts and vocabulary from the course as a whole. The Final Exam counts for 25 percent of your course grade. In sum, your course grade will be calculated as follows: Class preparation & course contribution. . 30% Midterm exam . . . . . . . . . . . . . . . . . . . . . . . 20% Term Project . . . . . . .. . . . . . . . . . . . . . . . 25% Final exam . . . . . . . . . . . . . . . . . . . . . . . . . . 25% ==== 100 % Course Assignments Class Prep and Course Contribution (CP&CC): Up to three points will be posted for CP&CC grades for 10 weeks out of our 14 4 weeks of sessions. (The sessions are noted in the courses schedule with a double asterisk, like this: **). The points are for completed homework posted to the course Discussion Boards, constructive participation in class sessions, and other course contributions. I’ll explain discussion board postings in more detail in class. CC is an opportunity for you to earn credit for the efforts you have made to help make this class interesting and useful for other students. The section of the syllabus titled 16 Ways to Improve Your Course Contribution (below) provides further details. Week-to-week credits for CP&CC are assigned like this: 3 . . . . . very good, outstanding 2 . . . . . good 1 . . . . . needs immediate improvement 0 . . . . . no credit Term Project: Your term project is a 13 to 15 page academic paper on an important, precedent-setting case in media and communication law. The cases will be assigned during our fourth course meeting on Sept.4. The paper is due at the beginning of our course session on Nov. 20 – before the Thanksgiving holiday. The paper should be double-spaced and use conventional margins. Spelling, grammar and composition will count during evaluation of the paper. Plagiarism is prohibited, of course. All direct quotations must appear within quote marks and be clearly attributed to their source. Paraphrased materials must be clearly attributed. See the section of the syllabus titled Attribution Policy, Policy below, for additional information. Many students find it useful to consult American University’s Writing Center for assistance with writing questions. You may also present your project using a medium and format other than an academic essay, such as in a webpage construction, video or a web-based, interactive format. Projects using other mediums or formats must be approved in advance by the professor and require a level of research and expression comparable to that of a 13 to 15 page academic essay. Term Project format: Please use the following format for your Term Project. This format will simplify writing your report and 5 make it easier for you to do a thorough job. It also helps ensure that grading is done fairly. 1. Introduction, including a short summary of the paper as a whole; 2. Identify and discuss the key issues of Constitutional or media law that were considered in the case; 3. The history of the case, including the who, what, when, where, how, and why of the case itself; 4. Examples of how key precedents set by the court’s decision have arisen in later cases; and 5. A conclusion that summarizes the most important points discussed in your paper. Bibliography for paper. 6. Photocopied Appendixes to your paper: Your paper should have three appendixes. These are simply photocopies of relevant documents, so they are not included in the page count for your paper. Appendixes A copy of the majority ruling in the court’s decision A. in the case, as well as of any dissents; B. A copy of the article, advertisement, or other publication, or transcript of the broadcast, that gave rise to the case. C. Copies of source materials: Your essay should include at least four major sources in addition to your primary source documentation of the court’s decision and key legal filings in the dispute. Include photocopies or printouts of your four major sources and for all quotations used in your project. Turn them in with your term project. Midterm Progress Report on Term Project: You’ll prepare a Midterm Report on your progress on the Term Project. This is one half of your score on your Midterm Exam. Here is what to include in your Midterm Progress Report: 6 o An 80-word Abstract (summary) of the report as a whole; o Four (or more) pages of an advanced draft of the text of your final project (complete attribution is required for all quotations and paraphrases); o Photocopies or printouts of three (out of the required four) of your most important sources used for the Term Project; o A list of least four websites that include materials that are particularly relevant to your project, along with a short discussion of the materials you have found on those sites. The basic factors used to evaluate the ‘Midterm Progress Report’ part of your Midterm Exam will be the same ones that will later be used to evaluate the Term Project itself. However, I’ll adjust them to take into account this is an interim report, not the final project. Evaluation of the Term Project: Project: Your final term project will be evaluated on: • Whether you have completed the basic assignment, meaning whether the essay is 13 to 15 pages long, with complete attribution of all quotes and paraphrases, copies of the major sources you’ve used, etc.; • The depth, quality and sophistication of your research, including your ability to evaluate the reliability of your source materials and to handle arguments from conflicting sources; • The clarity and coherence of your analysis presented in the paper, particularly the quality of your reasoning and use of evidence; • Creativity and originality; • The effectiveness of your presentation, including spelling, grammar and composition. Use of appropriate charts, graphics or audio information does count in your favor, but they are not part of your page count; • Any added value you contribute that goes beyond the basic assignment, such as inclusion of additional appendixes of 7 resource materials, web lists, annotated source lists, contact information or similar enhancements. Policy on Attribution This is a tedious topic, but it always comes up, so here is information about attribution. You must clearly attribute all sources used in your Term Project and in all essays you write for this course. MLA footnoting style is the standard used at AU, so we’ll use it in this course as well. That’s the one that looks like this (Smith 2007: 15). Remember that each citation has to be accompanied by a bibliographic entry that looks something like this: Smith, John S. (2007). Footnote Frenzy, Or, Why College Writing Makes a Difference. New York: XYZ Publishing. As you learned in your freshman College English course, all quotations and significant paraphrasing have to be attributed. Please check American University Library’s online information literacy tutorial for information on source noting techniques and practices (section five of the tutorial). The tutorial also includes very good self-teaching information on how to find and evaluate research materials (Aladin, online databases, periodicals, etc.) how to cite them, how to avoid plagiarism and other relevant topics. http://www.library.american.edu/tutorial/index.html Spelling, Grammar and Writing Unless I ask you otherwise, all written class assignments should be typed, double spaced, with conventional margins. Spelling, grammar and quality of writing do count. Attendance and Deadlines University policy requires you to attend each class session unless you have an excused absence authorized by the professor. 8 Please show respect for your colleagues by arriving on time. Four or more unexcused absences put you in considerable danger of failing this course. Weekend road trips or visits with out-of-town friends are not excused absences. Work missed due to an excused absence may be made up. The grades on any assignment missed due to an unexcused absence, on the other hand, will be marked down quite a bit. This ensures fair treatment for students who make the sacrifices necessary to turn in their assignments on time. Because deadlines are so important in all aspects of media and communication, any assignment that is not turned in on time will be marked down for each day it is late. Bona fide religious holidays are excused absences. Because the dates for religious holidays are known well in advance, persons who wish to observe them must turn in their homework or other regular assignments on time in order to receive full credit. Classroom work missed due to a religious holiday can be made up like other excused absences. Please contact the professor if you have questions about how this policy applies to you. If you miss a class session, it is up to you to contact me within one week for the assignments. Extra Credit Extra credit is available for students who wish to improve their grades. Extra credit projects must be approved in advance and delivered before the last day of class. No extra credit or make-up work is available once the course has been completed. Contact me for details. I especially value extra credit projects that are likely to make an ongoing contribution to future sections of this course. 9 Academic Integrity The university's provost has asked that the following notice be included in all course syllabi: "Standards of academic conduct are set forth in the University's Academic Integrity Code. By registering, you have acknowledged your awareness of the Academic Integrity Code, and you are obliged to become familiar with your rights and responsibilities as defined by the Code. Violations of the Academic Integrity Code will not be treated lightly, and disciplinary action will be taken should such violations occur. Please see me if you have any questions about the academic violations described in the Code in general or as they relate to particular requirements for this course." 10