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School of Journalism and Mass Communication
University of Iowa
Law, Media and Communication (19:140).
Fall 2014
Lyombe Eko, Ph.D. (Instructor).
Office Hours: MW: 1:30-3:30 p.m.
Other times by appointment
Patrick Bigsby, M.A. (Teaching Assistant)
John Haman, M.A. (Teaching Assistant)
Office Hours:
Classroom 101 Becker Communication Studies Building (BSCB).
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School of Journalism and Mass Communication
University of Iowa
Law, Media and Communication (JMC 3300).
Fall 2014
Instructor:
Lyombe Eko, Ph.D.
E-Mail: leo-eko@uiowa.edu
Office: E322 Adler Journalism Building
Telephone: (319) 353 -1926
Departmental Executive Officer: Professor David Ryfe
Office: E 301 Adler Journalism Building
Teaching Assistants: Patrick Bigsby & John Carpenter
Office: E323 Adler Journalism Building (3rd Floor).
Classroom: 101 Becker Communication Studies Building (BCSB).
Meeting times: 11:00-12:15 (TTH).
Office hours: Mondays & Wednesdays: 1:30-3:30 p.m.
Icon Course Management tool: icon.uiowa.edu
Course Description:
This course will cover the fundamental principles of mass media law. While we will
survey the American First Amendment freedom of expression regime, we will place
emphasis on the legal privileges and regulatory limitations affecting American citizens in
general, and each branch of the media, depending on its unique nature. We will focus on
how the First Amendment and its press and speech clauses shape artistic endeavors and
professional activities in real space and cyberspace.
Required Textbook
1. Middleton, Kent R., & Lee, William (Ninth Edition, 2014). The Law of Public
Communication. Boston, M.A: Pearson.
Readings:
1. Schauer, Frederick (2005). The Exceptional First Amendment, in American
Exceptionalism and Human Rights, Michael Ignatieff (ed). Pp.1-26. Princeton, N.J.
Princeton University Press (available on Icon).
2. Eko, L., Kumar, A., & Yao, Q. (2011). Google This: The Great Firewall of China, The
IT Wheel of India, Google, Inc., and Internet Regulation. Journal of Internet Law 15 (3),
3-14 (Available at: http://uiowa.academia.edu/LyombeEko. Also available on Icon).
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Scope and Purpose
A. The First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or of the
people peaceably to assemble, and to petition the Government for a redress of
grievances.
Amendment I, Constitution of the United States (1791).
The First Amendment protects many types of “speech” expression and assembly. The
nature of the media led the courts to apply the First Amendment to them in different
ways. This course will explore the application of the First Amendment to different
circumstances of freedom of expression and assembly as well as to the different
circumstances of the traditional and online media.
The purpose of this course is to enable the student with no previous knowledge of
mass media law to appreciate the American constitutional and judicial system, as well as
understand how judicial decision-making has defined and shaped media practice under
the First Amendment. Students will also be introduced to the basics of case briefing.
B. The Universal Declaration of Human Rights
* Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
* Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
Articles 18 & 19, Universal Declaration of Human Rights (1948).
The United Nations’ Universal Declaration of Human Rights sets forth the
international standard for freedom of expression through the media of mass
communication and other venues. Unfortunately, there is no universally accepted
definition or standard of freedom of speech and expression. Some countries have freedom
of speech while many do not. Since we live in the age of globalization–the
interconnection, interaction and fluid exchange of information and knowledge between
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peoples and cultures around the world–our course will survey the major free speech
instruments of the world from a comparative perspective. Knowledge of the freedom of
expression traditions and perspectives of the peoples we encounter, report on, do business
with, or even go to war with, is essential in our globalized world. The first part of this
course will therefore compare and contrast the different conceptualizations of freedom of
expression in a number of representative countries and regions, and analyze the
adherence of these countries to the universal humanistic standards spelled out in the
Universal Declaration of Human Rights.
The textbook and readings provide the necessary background information and much of
the source material for discussion. Students are expected to come to class prepared. This
means doing the required readings and being prepared to discuss them in an informed
manner. The law comes with its specialized vocabulary. Students will be required to
know the most common legal terms used in mass media cases. The textbook contains an
excellent glossary, which will be supplemented by lectures.
Freedom of Expression in Class.
The University of Iowa strives to provide an environment where a free and
respectful exchange of ideas is valued and encouraged. We strive to have a student body
that is intellectually diverse and respectful of different viewpoints and opinions.
This course is grounded on the principle of intellectual tolerance and free speech. The
motto of the course is:
“I may not agree with what you say, but I will defend to the death, your right to say
it” (Voltaire).
The Supreme Court of the United States has said that:
“Under the First Amendment there is no such thing as a false idea. However
pernicious an opinion may seem, we depend for its correction not on the
conscience of judges and juries but on the competition of other ideas.”
Gertz v. Welch, 418 U.S. 323, 339-340 (1974).
This course will take a libertarian approach to freedom of speech and expression.
Simply put, all ideas are welcome. Free speech is the stock-in-trade, nay, the very life-
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blood of communication in democratic societies. Under the First Amendment, the
United States is considered a marketplace of ideas (Abrams v. United States, 1919).
Therefore, freedom of speech means freedom of all speech, with the exception of
“fighting words,” speech that tends to incite immediate physical retaliation and is said
“in your face” (Chaplinsky v. New Hampshire). No idea is too controversial to be
expressed in the right context. The answer to objectionable speech is more speech. In
this course, students are encouraged to freely express their ideas, even if they are
unpopular, unorthodox, unconventional, liberal, conservative, libertarian, or offensive,
provided such ideas are expressed in a civil, professional manner.
Freedom and Responsibility
Freedom always comes with responsibility. Since we will be discussing some
legal and ethical issues on which most people have very strong personal opinions, and
over which reasonable people often disagree, students are to treat their colleagues, even
those with whom they differ, with respect. If you do not like an opinion, don't try to
censor it. Feel free to advance a counter opinion. If you want to express an opinion,
even one contrary to that of the professor or the teaching assistants, do not hesitate to
raise your hand and speak your mind (The answer to objectionable speech is more
speech)!
Though Freedom of speech is very important, freedom of thought is just as
crucial. The world needs more thinkers and fewer talkers. As Danish philosopher, Søren
Kierkegaard put it: "People demand freedom of speech as a compensation for the
freedom of thought which they seldom use." One of the aims of education is to help
students become independent thinkers who have a thoughtful and critical attitude
towards the world and towards popularly accepted ideas. The worst clones are
intellectual and political clones. To become an independent thinker is indeed a noble
aspiration; to become an intellectual clone or political is deplorable.
The professor and the teaching assistants will grade all written work purely on its
intellectual merits. No student will be penalized or otherwise disadvantaged because
of opinions he or she expressed in class or in a written assignment.
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Administrative Home
The College of Liberal Arts and Sciences is the administrative home of this course and
governs matters such as the add/drop deadlines, the second-grade-only option, and other
related issues. Different colleges may have different policies. Questions may be
addressed to 120 Schaeffer Hall or see the CLAS Student Academic Handbook
<http://www.clas.uiowa.edu/students/academic_handbook/index.shtml> [
<http://www.clas.uiowa.edu/students/academic_handbook/index.shtml>
www.clas.uiowa.edu/students/
<http://www.clas.uiowa.edu/students/academic_handbook/index.shtml>
academic_handbook/index.shtml
<http://www.clas.uiowa.edu/students/academic_handbook/index.shtml> ].
Electronic Communication
University policy specifies that students are responsible for all official correspondences
sent to their University of Iowa e-mail address (@uiowa.edu). Faculty and students
should use this account for correspondences (Operations Manual, III.15.2. Scroll down to
k.11.). We will not send official mail to your private, commercial e-mail.
Academic Honesty
All CLAS students have, in essence, agreed to the College's Code of Academic
Honesty: "I pledge to do my own academic work and to excel to the best of my abilities,
upholding the IOWA Challenge. I promise not to lie about my academic work, to cheat,
or to steal the words or ideas of others; nor will I help fellow students to violate the Code
of Academic Honesty." Any student committing academic misconduct is reported to the
College and placed on disciplinary probation or may be suspended or expelled (CLAS
Academic Policies Handbook). The College of Liberal Arts and Sciences’ policy on
academic fraud, dishonesty, and cheating is spelled out in the Student Academic
Handbook. Please consult it at
http://www.clas.uiowa.edu/students/academic_handbook/ix.shtml..
In brief, all assignments must be the result of the independent endeavors of each
student. Students who attempt to pass off other peoples’ work, including material from
former students of this course, as well as material downloaded from the Internet as their
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own, will receive a zero for that particular assignment, and expose themselves to further
academic sanctions as prescribed in University of Iowa rules and regulations pertaining to
plagiarism and academic dishonesty. Some students have been known to turn in the
same or very similar assignment or paper to two different courses. This is an
unethical practice that is unacceptable under university rules and regulations.
Turning in an assignment or paper for this course constitutes certification on your part
that the paper is the result of your individual endeavors and that you have not turned in
the same paper to another course for credit.
CLAS Final Examination Policies
The final examination schedule for each class is announced around the fifth week
of the semester by the Registrar’s Office. Final exams are offered only during the official
final examination period. No exams of any kind are allowed during the last week of
classes. All students should plan on being at the UI through the final examination period.
Once the Registrar has announced the dates and times of each final exam, the complete
schedule will be published on the Registrar's web site. There will be no make ups for
final exams unless in emergency cases.
Understanding and preventing Sexual Harassment
As defined by the Supreme Court of the United States, sexual harassment is an
unwanted sexual advance made towards a person of the same or opposite gender. It takes
two forms:
1) Creation of a hostile work environment through sexual jokes directed at persons of the
same or opposite sex, display of pictures of a sexual nature, sexting (sending people
unwanted indecent images and messages through mobile phones), off-color humor
involving people of the same or opposite sex, groping, touching, unwanted kisses, and the
like.
2) Quid pro quo (Latin expression meaning “this for that”) sexual harassment where a
person in a position of power or authority demands sexual favors from subordinates in
exchange for a good grade, promotion, salary increase, or other advantage (Oncale v.
Sundowner Offshore Services, 523 U.S. 75 (1998)). Sexual harassment is a violation of
the Civil Rights Act of 1964. It subverts the mission of the University of Iowa and
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threatens the wellbeing of students, faculty, and staff. All members of the UI community
have a responsibility to uphold this mission and to contribute to a safe environment that
enhances learning. Incidents of sexual harassment should be reported immediately.
See the UI Comprehensive Guide on Sexual Harassment at:
<http://www.uiowa.edu/~eod/policies/sexual-harassment-guide/index.html> at
www.uiowa.edu/~eod/policies/sexual-harassment-guide/index.html
<http://www.uiowa.edu/~eod/policies/sexual-harassment-guide/index.html> for
assistance, definitions, and the full University policy.
Reacting Safely to Severe Weather
In severe weather, class members should seek appropriate shelter immediately,
leaving the classroom if necessary. The class will continue if possible when the event is
over. (Operations Manual, Part IV
<http://www.uiowa.edu/~our/opmanual/v/16.htm#1614> , 16. See items e, h, and i.)
Class Etiquette and Student Complaints.
The statement of student rights and responsibilities is set forth in the Student
Academic Handbook (found at the College of Liberal Arts Web site:
http://www.clas.uiowa.edu/students/academic_handbook/ix.shtml). It includes
procedures for student complaints concerning faculty actions. If you have any complaints
about this course or its personnel, please discuss the matter with me first. If you are not
satisfied with your discussion, feel free to contact the Associate Director of
Undergraduate Studies, Prof. Charles Munro. If you are still not satisfied, contact the
Director of the School of Journalism. Complaints cannot be brought later than six months
after the alleged event.
Students must bear in mind that law is a formal, tradition-bound discipline. I will
address all students by their last names, e.g. Mr. Doe or Ms. Roe. You are to address me
as “Dr. Eko.” You are also to address the Teaching Assistants as Mr. Bigsby and Mr.
Carpenter.
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The UI Student Handbook states that students who sleep in class engage in
disruptive behavior. However, in the spirit of freedom of speech and expression, this
course will make an exception to that rule. I consider sleeping in class or “symbolic
speech” or “expressive conduct;” legitimate forms of academic protest that will not
be punished. Just bear in mind that if you snore, fall off your seat, sleepwalk, or
otherwise disrupt the class, you will be trampling on the First Amendment rights of
other students to receive information or express their opinions!
Use of Electronic Media Equipment in Class.
Students are free to use their laptops or iPads to take notes in class. However,
using laptops and iPads for other activities that may distract other students or disrupt the
class is strictly Verbotten! All cell phones, ipods, and pagers are required to be turned off.
Texting or sexting in class is not allowed. Note that studies show that students who take
hand-written notes are more likely to retain the material than students who take notes on
a tablet or laptop computer.
Language Issues:
1. Legal Vocabulary: Each discipline comes with its specialized vocabulary. Law
is no exception. Students will be required to know the most common legal terms
used in media law. Look up unfamiliar words in the glossary at the end of the
textbook or in a law dictionary. That is the best way of making sense of most of
the material in this course. Expect to spend at least three hours of study time for
every hour of class time. This includes reading an average of one chapter per class
period.
2. Proper English Grammar and Usage.
The most important instrument of communication and law is language. Students
should consider this an advanced English language class (with some Latin and
French expressions thrown in for good measure). Mastery of the English language
is crucial in media law studies. In all their writings, students will be graded on
their use of the English language. Students who employ improper grammar or use
words incorrectly will lose points. The major “culprits” that cause students to
lose points include confusion of the words “principal” and “principle.” For
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example, the correct usage should be: “My pal, the principal, teaches Principles of
Physics.” There is also “there, their, and they’re” “who and whom,” as well as
confusion of possessives and plurals, use of nouns and pronouns that do not agree
(an example of incorrect agreement is: If a student fails to prepare, they will be
preparing to fail). Split infinitives also tend to be a problem. An example of
incorrect usage: “If only he had chosen to not drink and drive, he would be alive
today,” and so on.
Attendance, Professionalism & Extra Credit
Class attendance is a professional expectation. If you are going to be absent,
please send either the instructor or the teaching assistants an e-mail to that effect.
Students who attend classes, do all class assignments, and collect all graded assignments
and briefs from the teaching assistants, get extra credit of 2% over and above their final
score for the course. These are the only extra credit points that will be given. This can
make a big difference to your final grade!
Please note that neither the professor nor the teaching assistants will provide notes or
lecture summaries to students who are absent from class without a valid excuse as set
forth in University of Iowa regulations.
Deadlines and Make-ups.
The media are ruled by deadlines. Students must bear in mind that in the
professional world, they will live by deadlines and die by deadlines. Students are
expected to do their readings before class and demonstrate familiarity with the material.
They are also expected to turn in their assignments when they are due. Late assignments
will be accepted only in circumstances where students have a valid medical, family or
other emergency, in accordance with University of Iowa rules and regulations. Please
note that no e-mailed assignments will be accepted unless in emergency cases as
described in the University Handbook. Students are required to turn in a clean, hard
copy of the assignment printed in black ink. Make up exams will be given only in
emergency cases that satisfy university criteria for “Excused Absences from
Examinations.” Please see the College of Liberal Arts Handbook at
http://www.clas.uiowa.edu/students/academic_handbook/ix.shtml.
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The Iowa Dozen
This course will adhere to the general principles of journalism education set forth in
the Iowa Dozen:
We learn…
–to write correctly and clearly
–to conduct research and gather information responsibly
–to edit and evaluate carefully
–to use media technologies thoughtfully
–to apply statistical concepts appropriately
We value…
–First Amendment principles for all individuals and groups
–a diverse global community
–creativity and independence
–truth, accuracy, fairness, and diversity
We explore…
–mass communication theories and concepts
–media institutions and practices
–the role of media in shaping cultures.
College of Liberal Arts & Sciences Policy on Cross-Enrolment.
The College of Liberal Arts and Sciences has set forth a new policy on cross
enrolment. If you are a student in one college and take courses offered by another
college, please bear in mind that in matters related to the application or non-application
of a specific course to your degree requirements, the policies of the college in which you
are enrolled will be applicable.
ADA Accommodation:
Reasonable accommodation will be made for students with functional limitations and
medically certified learning disabilities in accordance with the relevant provisions of the
Americans with Disabilities Act (ADA) and University of Iowa policies. If you have a
learning or functional disability that requires accommodation, please consult the
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University Disabilities Office and have that office send me official documentation
explaining the type of reasonable accommodation needed.
I. Course Method, Assignments, and Grading.
The course will follow the legal case brief method. That means we will study
application of the freedom of expression aspects of the Universal Declaration of Human
Rights and the First Amendment from a comparative, international perspective in order to
determine the applicability of universal free speech values in specific cases. Thereafter,
we will carry out a systematic study of the landmark First Amendment decisions of the
Supreme Court of the United States, as well as key cases from lower federal courts, in
other to distill from these cases, the legal rules and principles applicable to the media in
the United States. The aim of case analysis is to enable students to become critical and
analytical thinkers who, when faced with legal issues, will make the right decisions.
Course Assignments
A. Comparative Reading Report (8% of grade). Due September 4, 2014.
Students will write a three-page comparative report on the two readings:
Readings:
1. Schauer, Frederick (2005). The Exceptional First Amendment, in American
Exceptionalism and Human Rights, Michael Ignatieff (ed). Pp.1-26. Princeton, N.J.
Princeton University Press (available on Icon).
2. Eko, L., Kumar, A., & Yao, Q. (2011). Google This: The Great Firewall of China, The
IT Wheel of India, Google, Inc., and Internet Regulation. Journal of Internet Law 15 (3),
pp. 3-14 (Available on Icon).
You may discuss the readings with a fellow student but each student must write
his/her own paper independently. Group papers will not be accepted. You must write the
paper in the form of an essay. It must compare and contrast the free speech/freedom of
expression contexts of the United States, China and India as reflected in the readings. The
readings show that different nations and cultures have different approaches to the
common issue of freedom of expression guaranteed under the UN Declaration of Human
Rights.
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Questions that could be addressed in your paper (there are many others):
1. What is American exceptionalism?
2. What are the main characteristics of the American First Amendment regime?
3. What are the main characteristics of the three countries with respect to freedom of
expression?
4. What are the similarities and differences between the three different systems in terms
of their treatment of journalists and media workers?
4. How do the three systems view freedom of speech and expression?
Note that your report/paper must have a separate title page, an introduction that
tells us what the paper is all about, a body/comparative section, a conclusion and a
bibliography.
B. Media law term paper (10% of course grade)
(Abstract of term paper: Due October 7, 2014)
You are required to choose a media law topic discussed in class, the text or the
readings, research it and write a one-page summary of what your term paper will be
about. Your abstract must contain a title, and must indicate what the aim of your paper is
going to be. Remember that this is a media law course. Your paper must focus on media
law or First Amendment issues. I want to see evidence that you have done some
preliminary research and that your topic is viable. You may not proceed with the paper
until your abstract has been approved. This is done to avoid situations where students
write term papers that are out of topic and do not focus on freedom of speech or media
law. Please note that issues like abortion, gun control, gay marriage, civil rights, women’s
rights, immigration, terrorism, and sexual harassment are outside the scope of this course.
However, papers on free speech issues connected to the above topics are ok (see for
example, Snyder v. Phelps).
For the paper itself, each student is expected to write a five-page research
paper, excluding references (ten pages for graduate students) on the topic that was
approved. The focus of your paper should be on American media law issues or
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controversies. However, interested students can carry out a comparative study on the
similarities between the First Amendment (American media law) and other national free
speech traditions and cultures. Note that you are not being asked to write a news
story, news feature, a blog, an opinion piece or an editorial. Your assignment is to
write a scholarly research paper with appropriate citation of sources and a
reference or bibliographic page. You are further required to use no less than 5
references of which at least 3 must be books, journal articles, newspapers or magazines of
record or their electronic/online versions. The textbook and readings can be included in
the bibliography. The idea is to use primary sources (cases) to analyze your topic. Your
paper should be about what courts say (in their decisions) not what commentators or
writers say the court said. Consider this an extended brief.
Examples of term papers topics include:
The First Amendment and Public Forums:
The First Amendment and hate speech
The Occupy Movement
Freedom of Speech in High Schools
The First Amendment and Peer-to-peer
file-sharing on the Internet
Freedom of Expression in Public Colleges
Freedom of Speech in the United States
and Universities
China or India.
The First Amendment and Free Speech on
Freedom of Speech in the United States
the Internet
and China.
The First Amendment and parody
The First Amendment obscenity and
indecency
The First Amendment and Social Media.
The First Amendment and Sexting, etc, etc.
The First Amendment in Colleges and
Social media and intellectual property
Universities
Defamation, libel and public officials
Invasion of privacy and “the right to be
forgotten”
Term paper due: November 20, 2014.
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Writing style: All papers must be typed, double-spaced, printed single-sided, and must
conform to either the 5th Edition of the APA Publications Manual. That is, you must use
the author, date method. Example:
Existentialists (Camus, 2002; Kierkegaard, 2005) believed life is absurd. Einstein
(1955) believed in ensoulment while Camus (2002) thought the idea was absurd.
Or
The Harvard Law Review (Blue book footnote style). Example:
“Frederick Schauer calls the United States the “recalcitrant outlier” of international
human rights, which, he suggests, has made values of health, privacy, safety, civility,
respect and dignity subservient to “the paramount constitutional concerns with freedom
of speech and freedom of the press.” 1
You must turn in a printed copy of the paper on the date it is due. Papers can be turned in
early at the journalism office.
All term papers should follow the following format:
1. Descriptive title (on a separate title page).
2. Introduction (Present the topic, state its significance, and define terms.
What cases will you be using? What legal controversy will you be
analyzing?).
3. Statement of the Research Question (What is the aim or objective of the
study? What do you intend to do? What is its scope?).
4. Body of paper (analysis). Do what you said you were going to do. Case
analyses and comparisons come in the body of the paper. (Note that
comparative papers sometimes use the “thesis-antithesis-synthesis
format”)
5. Findings/results. If you are doing a comparative study, analyze similarities
and differences.
6. Conclusion (a recapitulation of what you just did and what you/we can
learn from the study).
1
See Frederick Schauer, The Exceptional First Amendment, in MICHAEL IGNATIEFF (ED.)
AMERICAN EXCEPTIONALISM AND HUMAN RIGHTS 29, 30, 42 (2005).
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Grading: Papers will be graded according to the following criteria:
a. Importance/significance of topic
b. Clear statement of the objective of the paper.
c. Quality of content & Focus: Analysis of primary sources (cases, statutes,
etc, rather than secondary sources–what other authors/analysts say about
these cases). Please focus on cases themselves not what others say
about the cases!
d. Organization: Clear, captivating introduction, smooth transitions between
ideas and paragraphs. The analysis is exhaustive, the conclusion flows
from the facts presented, advances the writer’s assessment of the issue at
hand, and has closure.
e. Quality of writing, grammar, punctuation (note possessives, noun pronoun
agreement, usage vocabulary, and bibliography.
Please note that e-mail submissions are not acceptable. You must turn in a printed
copy of the paper to the instructor or any of the teaching assistants on the date it is due.
Papers may be turned in early at the journalism office.
C. Case briefs (7% of course grade):
All students will be required to read the following 7 cases, and write one to two
page briefs on each of them. Use the sample brief handed out in class as a template. Read
the cases carefully and pay close attention to the facts of the case, the procedural posture
of the case (the courts that heard it), the legal principles set forth in the case, the way the
court applies the legal principles to the facts of the case, and the arguments the court
advances to justify the legal principles it applies. The dates on which the briefs are to be
turned in are indicated in the table below:
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1. Papish v. University of Missouri Curators, 410 U.S. 667 (1973) (Due Sept. 11th )
2. American Freedom Defense Initiative v. MTA, 11 CIV 6774 (SDNY, 2011) (Due Sept. 18th).
3. Occupy Boston v. City of Boston (2011), (Due Sept. 30th). Available at:
http://www.massmunilaw.org/2011/12/08/city-of-boston-prevails-in-occupy-boston-case/judge-mcintyr
memorandum-and-order-2/.
4. AIDA v. Time Warner, HBO, 772 N.E.2d 953 (2002) Appellate Court of Illinois, First District, 3rd
Division. http://caselaw.findlaw.com/il-court-of-appeals/1422647.html (Due October 9th).
5. Nieto v. Flateau, 715 F. Supp. 2d. 650 (2010) (Due Oct. 16th).
6. GoDaddy.com v. Toups (2014). (Due Oct. 23rd)Available at:
http://scholar.google.com/scholar_case?case=3145913216736033129&hl=en&as_sdt=6&as_vis=1&oi=scho
7. Brownmark Films v. Comedy Partners (No. 11-2620, 7th Cir. 2012) (Due November 13th)
Graduate students will brief the following additional cases:
1. Morse v. Frederick, (Due September 16th).
2. Miller v. California, 413 U.S. 15 (1973) (Due Nov. 18th).
Copies of the syllabus, sample briefs, cases and study guides are found on Icon,
the UI course management tool (http://icon.uiowa.edu). Be sure to read the entire case
not just a summary from a Web site. What you must bear in mind is that from a
journalistic perspective, court cases are human interest stories from which legal principles
and rules are distilled.
Case brief assignments are designed to help you master knowledge related to the
topics covered in specific areas of media law. As such, you may discuss the brief with
others or use cases posted online (Be sure to read the whole case not just the syllabus or
summary of the case). However, please be aware that to master the knowledge and skills
needed for this class, knowledge of brief writing is required, and that to do well on the
exams you will need to demonstrate knowledge of all cases briefed and discussed in
class. Be sure to test your knowledge by summarizing the cases on your own.
Please note: Students who copy case summaries or briefs from Web sites like
“Oyez,” “Justia,” Google, and “Wikipedia” get a zero on that particular
assignment. Material plagiarized from these or other websites can be detected easily
by the instructor and teaching assistant. Again, you are required to read the case
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itself in its entirety, not a summary or syllabus. You may use the textbook for
guidance if necessary.
D. Tests
1). First test 20% (October 2nd, 2014).
2). Mid term test: 25% (November 4th, 2014).
3). Final Examination: 30% (Week of December 15th to 19th 2014.
The tests and examination will consist of multiple-choice questions, matching or
identification of cases and legal principles, as well as questions requiring essays to
hypothetical media law cases. Sample questions will be discussed in class.
Grading Criteria and Breakdown of grades.
The purpose of grades in this course is to measure the following variables:
1. The quality of work accomplished by each student as measured by the successful
completion of course assignments.
2. Readiness for future learning in the School of Journalism or in graduate school.
3. Level of mastery of media law as measured by application of case law to
hypothetical fact patterns. Students should be able to briefly narrate specific legal
facts, analyze them, and distill the legal principles that flow from them.
4. The amount of progress accomplished as measured in student performance in
course assignments and tests.
5. The amount of effort expended in the course as measured in the quality of papers.
6. Attendance and participation in class.
Breakdown of Grades
Reading Report
8%
Term Paper
10%
Briefs
7%
First Test
20%
Mid term test
25%
Final Examination
30%
Extra credit (attendance, participation & completion of all assignments)
2%
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In law, a key principle is stare decisis (rule of precedent). That means judges always take
past case decisions into consideration when they adjudicate legal disputes. Therefore,
cases studied at the beginning of the course often serve as precedent for cases studied in
the middle or at the end of the course. As a result, the mid-term and final exams will be
comprehensive. Students are free to study in groups and discuss the study guides with
their classmates. Please bear in mind that you will be held responsible for all required
readings.
Please note that in accordance with university rules and regulations, students who
consult other students, copy from other students or otherwise allow other students
to copy from them during any of the exam sessions, automatically expose themselves
to sanctions up to, and including getting an automatic failing grade.
Letter grades will be assigned as follows:
93-100%= A
90-92% =A87-89%=B+
83-86%=B
80-82%=B77-79%=C+
73-76%=C
70-72%=CGrade Posting
All grades for course assignments and tests will be posted on the course management
tool (Icon). You will need a Hawkid and password to have access to your grades on Icon.
Please note that under Federal law (FERPA) grades are private. Therefore, neither the
instructor nor the teaching assistants are authorized to release your grade to a third party.
We will therefore not entertain requests from students who want to collect papers or
grades for other students unless such requests are accompanied by a signed note from the
student whose grade or paper is being sought.
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COURSE MODULES:
Week
1
2
Module Number & Topic
Readings & Cases to be Discussed
1. Historical Foundations of
a. The Exceptional First Amendment
Freedom of Expression.
(Schauer).
a. The Universal
Declaration of
b. Eko, Google This: The Great Firewall
Human Rights
of China and the IT Wheel of India
(Art. 18 & 19).
Discussion Question: What does the expression, “the exceptional First
Amendment,” mean?
2. Public Communication
Middleton and Lee, Chapter 1
Sources of Law and the American
and the Law
Federal Court System.
Discussion Questions: What is the supreme source of law? How is
administrative law different from the common law? What are the levels of the
American court system? How does one get one’s case reviewed by the US
Supreme Court?
3. The First Amendment and
its Jurisprudence: The
“press” as an institution
and a technology.
Middleton and Lee, Chapter 2.
Freedom of Speech, freedom of the
Press and Freedom of Assembly.
The “Occupy” Movement and Freedom
of Assembly: Ward v. Rock Against
Racism; Clark v. Community for
Creative Non-Violence; Occupy
Sacramento v. City of Sacramento.
Discussion questions: What are the rights guaranteed by the First
Amendment? According to the U.S. Supreme Court, what is the “technical”
meaning of the words “Congress,” “speech,” and “press”?
3
4
Cases: Gitlow v. New York, 268 U. S.
652 (1925); Near v. Minnesota, 283 U.S.
697 (1931); Chaplinsky v. New
Hampshire, 315 U.S. 568 (1942).
New York Times v. The United States,
403 U.S. 713 (1971); Grosjean v.
American Press Co., 297 U.S. 233
Video: Free Speech on Campus
(1936); Papish v. University of Missouri
Curators, 410 U.S. 670 (1971).
Discussion questions: How do the First and 14th Amendments work together?
What do the words “incorporation” and “prior restraint” mean?
4. Freedom of Speech Under
the First Amendment :
The doctrine of
Incorporation.
5. Symbolic Speech,
Middleton and Lee Chapter 3
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Expressive conduct &
Expressive Association
Time, Place & Manner
Regulations.
a. The First Amendment
and Parody
U. S. v. O’Brien, 391 U.S. 367 (1968);
Tinker v. Des Moines, 393 U.S. 503
(1968); Texas v. Johnson, 491 U.S. 397
(1989); Hurley v. Irish-American Gay,
lesbian & Bisexual Group of Boston,
515 U.S. 557 (1995); Board of Airport
Management v. Jews for Jesus; Morse v.
Frederick, 551 U.S._ (2007); Kincaid v.
Gibson.
Hustler v. Falwell, Brownmark Films v.
Comedy Partners (2012)
Discussion questions: What do the terms “symbolic speech” and “expressive
conduct” and “expressive association” mean? What are “time, place and
manner” regulations?
5
6&7
8.
Brandenburg v. Ohio, 395 U.S. 444
(1969); National Socialist Party of
America v. Village of Skokie, 432 US 43
(1977); RA.V. v. City of St. Paul, 505
U.S. 377 (1992). Terminiello v. Chicago,
The Heckler’s Veto
337 U.S. 1 (1949); Capital Square
Review and Advisory Board v. Pinette,
515 U.S. 753 (1995); Doe v. U. of
Michigan, 721 F. Supp. 852 (E.D. Mich.
1989); Virginia v. Black, 538 U.S. 343
(2003); Snyder v. Phelps, 131 S. Ct.
Video: Village of Skokie v. NAZIs 1207 (2011).
Discussion questions: How does the U.S. Supreme Court consider the problem
of hate speech under the First Amendment? What is a “heckler’s veto?”
6. The Problem of Hate
Speech
7. Defamation/Libel Law
Middleton and Lee, Chapter 4
New York Times Co. v. Sullivan , 376
U.S. 254 (1964); Time Inc. v. Firestone,
424 U.S. 448 (1976).
Gertz v. Robert Welch, Inc., 418 U. S.
323 (1974); Curtis Publishing v. Butts,
& Associated Press v. Walker, 388 U.S.
130 (1967); Milkovich v. Lorain Journal
Co., 497 U.S. 1 (1990); Masson v. New
Yorker, 501 496 (1991).
Discussion questions: What are the elements of libel? What is the New York
Times actual malice standard? What is the difference between opinions and
facts under the law?
Edwards v. National Audubon Society,
8. Neutral Reportage
556 F2d 113 (2d. Cir.1977).
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Khawar v. Globe International, Inc., 965
P.2d 696 (1998). Ollman v. Evans, 750
F.2d 970 (1984).
Video: Khawar v. Globe
Discussion question: What is neutral reportage and fair reporting?
9. Product Disparagement:
The personhood of
corporations under libel
law.
Statutory law: The Dictionary Act
Cases: Bose Corp. v. Consumers’
Union, 466 U.S. 485 (1984); Texas Beef
Group v. Winfrey, 11 F. Supp.2d 858
(N.D. Tex 1998).
Video: Oprah, Texas ranchers and
mad cow disease.
Discussion questions: What is product disparagement? How do corporations
qualify to be considered “people” under the law?
9
10. Media Liability for
Emotional & Physical
harm.
A) Intentional infliction of
Emotional distress.
Hustler Magazine v. Falwell, 485 U.S.
46 (1988); Snyder v. Phelps, Cantrell v.
Forest City Publishing, 419 US 245
(1974). Norwood v. Soldier of Fortune;
Braun v. Soldier of Fortune
Cohen v. Cowles Media, 501 U.S. 663
(1991).
Discussion question: What are the emotional distress standards for public and
private plaintiffs?
B) Promissory Estoppel
10 &
11
12
11. Law of Privacy.
FISA, Terrorism &
Surveillance.
Branches of privacy:
1. Intrusion,
2. Publication of private
facts,
3. Appropriation of right
of publicity,
4. False Light Invasion of
privacy.
Middleton and Lee, Chapter 5.
Dietmann v. Time, Inc. 499 F. 2d 245
(1971); Galella v. Onassis, 487 F 2d.
986 (1973); Wilson v. Layne, 526 U.S.
603 (1999);
Zacchini v. Scripps-Howard, 433 U.S.
562 (1977); Cox Broadcasting Corp. v.
Cohn, 420 U.S. 469 (1975): Florida Star
v. BJF, 491 U.S. 524 (1989); Ali v.
Playgirl, 447 F. Supp. 723 (S.D.N.Y
1973); Time Inc. v. Hill, 385 U.S. 374
(1967).
Discussion question: What is the right to privacy? How has the post- 9/11
anti-terrorism regime modified privacy rights?
12. Intellectual Property.
A. Traditional Media
Reading: Middleton & Lee, chapter 6
Cases: Sony Corp. v. Universal City
Studios, 464 U.S. 417 (1984); Harper &
Row, Inc., v. Nation, 471 U.S. 539
(1985); Campbell v. Acuff-Rose, 510
23
U.S. 569 (1994);
CDA (1996); Reno v. ACLU, 521 U.S.
844 (1997) (1997).
A&M Records v. Napster, 239 F.3d 1004
(9th Cir. 2001);
New York Times v. Tasini, 533 U.S. 483
C. Intellectual Property
(2001); MGM v. Grokster, 545 U.S. 913
and Parody
(2005). Jews for Jesus v. Brodsky; PETA
v. Doughney.
Discussion question: How did the Supreme Court of the United States transfer
Constitutional law from real space to cyberspace?
B. The Internet
13
13. Political and Commercial
Speech (Advertising).
Middleton & Lee, chapter 7 & 8
Political speech cases: Carpenter v. U.S.
484 U.S. 19 (1987); Citizen’s United v.
FEC, 558 U.S. 08-205 (2010),
Cases: Valentine v. Christensen, 316
a). Misleading & deceptive ads.
U.S. 52 (1942) to Central Hudson Gas
and Electricity Corporation v. Public
Service Commission of New York, 447
b). Advertising of Alcohol &
U.S. 557 (1980);44 Liquormart v. Rhode
Tobacco Products.
Island, 517 U.S. 484 (1995); Lorillard
Tobacco v. Reilly, 533 U.S 525 (2001).
Discussion question: What is the commercial speech doctrine?
14. Regulation of Obscenity & Middleton & Lee, chapter 9.
Cases: Roth v. United States, 354 U.S.
Indecency: From the
476 (1957); Miller v. California, 413
Hicklin Test to the Miller
U.S. 15 (1973); FCC v. Pacifica
Test.
Foundation, 438 U.S. 726 (1978); FCC .
CBS; FCC v. Fox Stations; Stanley v.
Georgia, 394 U.S. 557 (1969).Action for
Children’s TV v. FCC.
Politics, Pornography & Women American Booksellers Ass’n v. Hudnut,
771 F.2d 323 (1985).
Discussion questions: What is the Miller test? How does it define obscenity?
What is the difference between obscenity, pornography and indecency?
Cases: New York v. Ferber, 458 U.S.
747 (1982): United States v. Knox 32 F.
3d 733 (1994); Osborne v. Ohio, 495
U.S. 103 (1990); United States v.
Matthews; Ashcroft v.Free Speech
Coalition.
Discussion question: What is the status of computer-generated
pedopornography under the First Amendment?
15. Pedopornography or
Child porn
24
14
15
16
16. The Media and the
Judiciary
Middleton and Lee, chapter 10.
Nebraska Press Association v. Stewart,
427 U.S. 539 (1976); Sheppard v.
Maxwell, 383 U.S. 333 (1966).
Richmond Newspapers v. Virginia, 448
Video: U.S. v. McVeigh (60
U.S. 555 (1980); Globe Newspaper v.
Minutes, CBS).
Superior Court, 457 U.S. 596 (1982);
Houchins v. KQED, 438 U.S. 1 (1978).
Discussion question: What is the traditional, historical posture towards citizen
access to criminal trials?
17. First Amendment and
Middleton & Lee, chapter 11.
Branzburg v. Hayes, 408 U. S. 665
Protection of News
(1972); In re Grand Jury Subpoena,
Sources
Judith Miller, 397 F. 3d 964(D.C. Cir.
2005); In re Special Proceedings, 373
F.3d 37 (1st Cir. 2004) (Taricani case).
Shield Laws
Discussion question: Why are reporters not exempt from testifying before
grand juries?
18. Access to Information
Middleton and Lee, chapter 12.
Cases: Miami Herald Publishing Co. v.
Tornillo, 418 U.S. 241 (1974); Red Lion
Broadcasting Co. v. FCC, 395 U.S. 367
Government information
(1969); Turner Broadcasting v. F.C.C.
512 U.S. 622 (1994); (II) 520 U.S. 180
Forced Access to the Print &
(1997).
electronic Media.
Discussion question: What are the different access standards for the print
media and the electronic media?
Freedom of Information Acts