COM 5200 - Digital Media Law

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KENNESAW STATE UNIVERSITY

GRADUATE COURSE PROPOSAL OR REVISION,

Cover Sheet

(10/02/2002)

Course Number/Program Name COM 5200 Digital Media Law

Department: Communication

Degree Title (if applicable) Certificate in Digital and Social Media

Proposed Effective Date Summer 2014

Check one or more of the following and complete the appropriate sections:

X New Course Proposal

Course Title Change

Course Number Change

Course Credit Change

Course Prerequisite Change

Course Description Change

Sections to be Completed

II, III, IV, V, VII

I, II, III

I, II, III

I, II, III

I, II, III

I, II, III

Notes:

If proposed changes to an existing course are substantial (credit hours, title, and description), a new course with a new number should be proposed.

A new Course Proposal (Sections II, III, IV, V, VII) is required for each new course proposed as part of a new program. Current catalog information (Section I) is required for each existing course incorporated into the program.

Minor changes to a course can use the simplified E-Z Course Change Form.

Submitted by: ____________________________________

Faculty Member Date

Not Approved Approved

Approved Not Approved

Department Curriculum Committee Date

Department Chair Date

Not Approved Approved

Approved

Approved

Approved

Not Approved

Not Approved

Not Approved

College Curriculum Committee Date

College Dean Date

GPCC Chair

Dean, Graduate College

Date

Date

Approved

Approved

Not Approved

Not Approved

Vice President for Academic Affairs Date

President Date

KENNESAW STATE UNIVERSITY

GRADUATE COURSE / CONCENTRATION/PROGRAM CHANGE

I. Current Information (Fill in for changes)

Page Number in Current Catalog

Course Prefix and Number

Prerequisites

Description (or Current Degree Requirements)

___

___

Course Title ___

Class Hours ____Laboratory Hours_______Credit Hours________

___

II. Proposed Information (Fill in for changes and new courses)

Course Prefix and Number COM 5200

Course Title Digital Media Law

Class Hours 3 Laboratory Hours 0 Credit Hours 3

Prerequisites Admission to Certificate Program or Permission of Instructor

Description (or Proposed Degree Requirements)

This course provides an in-depth examination of the existing legal structure within which digital and social media operates, and the antecedent statutory and case law through which this structure has evolved. This course also addresses ethical concepts and considerations surrounding digital and social media. This course focuses on the First Amendment as it applies to free speech and the media, specific to online content.

This course introduces students to different legal issues such as libel, disruptive speech, invasion of privacy, and copyright. It also teaches about different approaches to the First Amendment and how far freedom of speech and of the press goes in different legal scenarios. As a graduate course, students read several cases involving digital and social media. Students analyze texts and discuss the implication of law from theoretical and practical perspectives.

III. Justification

This course will be a required part of the Certificate in Digital and Social Media. This course will be offered online in the second semester of the program. Understanding the legal aspects of digital and social media is imperative in this era of mobile communication sources such as

Facebook, Twitter, and YouTube. Legal controversies such as invasion of privacy, defamation, and copyright violation are prevalent online. This course will teach graduate students how to avoid these legal pitfalls.

IV. Additional Information (for New Courses only)

Instructor: Joshua Azriel

Text: Digital Media Law by Ashley Packard (2013)

Prerequisites: Admission to the certificate program or permission of the instructor

Objectives:

This course is designed for students who have not had an introduction to media law. They will be able to gain a greater understanding of:

The basics of how the First Amendment applies to online speech.

Both the legal system and your rights to free speech and press.

Legal concepts such libel, privacy, and copyright.

Their rights as future journalists, public relations practitioners and overall citizen media activists.

Instructional Method

Online

Method of Evaluation

Two Exams

Online Discussion

Research Paper

V. Resources and Funding Required (New Courses only)

Resource

Faculty

Other Personnel

Equipment

Supplies

Travel

Amount

existing resources

existing resources

existing Distance Learning support

existing Distance Learning support

Some training might be requested through Distance

Learning

New Books

New Journals

Other (Specify)

TOTAL

Funding Required Beyond 0

See above

See above

N/A

Normal Departmental Growth

This course will only be taught to graduate students admitted to the certificate program.

VI. COURSE MASTER FORM

This form will be completed by the requesting department and will be sent to the Office of the

Registrar once the course has been approved by the Office of the President.

The form is required for all new courses.

DISCIPLINE

COURSE NUMBER 5200

Digital Media Law COURSE TITLE FOR LABEL

(Note: Limit 30 spaces)

CLASS-LAB-CREDIT HOURS

Approval, Effective Term

Grades Allowed (Regular or S/U)

If course used to satisfy CPC, what areas?

3-0-3

Summer 2014

Regular

Learning Support Programs courses which are

required as prerequisites

APPROVED:

________________________________________________

Vice President for Academic Affairs or Designee __

VII. Attach Syllabus

COM 5200 Digital Media Law

Online

Joshua Azriel, PhD

Office: Social Sciences 5109 (Main COM office)

Office Phone: 770-423-6779

Office Hours: Tuesdays/Thursdays 3-4 p.m.

E-Mail: jazriel@kennesaw.edu (I check my e-mail frequently)

[I will only be using your KSU e-mails to communicate with you]

KSU’s Mission: “…A learning centered institution emphasizing creativity, diversity, global awareness, leadership, ethics, teaching excellence, digital literacy, technological competence, and community engagement.” Global learning for Engaged Citizenship is an educational process that enhances one’s competencies for participating productively and responsively in the diverse, international intercultural, and interdependent world.

Course Description: This course provides an in-depth examination of the existing legal structure within which digital and social media operates, and the antecedent statutory and case law through which this structure has evolved. This course also addresses ethical concepts and considerations surrounding digital and social media. This course focuses on the First

Amendment as it applies to free speech and the media, specific to online content.

This course introduces students to different legal issues such as libel, disruptive speech, invasion of privacy, and copyright. It also teaches you about different approaches to the First Amendment and how far freedom of speech and of the press goes in different legal scenarios. As a graduate course, students read several cases involving digital and social media. Students analyze the texts and discuss the implication of law from theoretical and practical perspectives.

Course Objective:

This course is designed for students who have not had an introduction to media law. They will be able to gain a greater understanding of:

The basics of how the First Amendment applies to online speech.

Both the legal system and your rights to free speech and press.

Legal concepts such libel, privacy, and copyright.

Their rights as future journalists, public relations practitioners and overall citizen media activists.

Reading and interpreting a court case.

Textbook: Digital Media Law by Ashley Packard (2012) 2nd Edition

Journal Articles:

Balkin, Jack. (2009). Free Speech and Press in the Digital Age: the Future of the Free

Expression in a Digital Age, Pepperdine Law Review.

Hall, Caitlin. (20005). A Regulatory Proposal for Digital Defamation: Conditioning §230 Safe

Harbor on the Provision of a Site “Rating.” Stanford Technology Law Review.

Jameson, Sarah.(2008). Cyberharassment: Striking a Balance Between Free Speech and Privacy.

Communication Law Conspectus.

Allsup, Timothy L. (2012). United States v. Cassidy: The Federal Interstate Stalking Statute and

Freedom of speech. North Carolina Journal of Law and Technology.

Livingston, Jared S.(2011). Invasion Contracts: The Privacy Implications of Terms of Use

Agreements in the Online Social Media Setting. Albany Law Journal of Science and

Technology.

Abril, Patricia, Levin, Avner, and Del Riego, Alissa. (2012). Blurred Boundaries: Social Media

Privacy and the Twenty-First-Century Employee. American Business Law Journal.

Gensler Steven S. (2012). Symposium Issue: The Intersection of Facebook and the Law:

Symposium Article: Special Rules for Social Media Discovery? Arkansas Law Review.

Case Decisions:

Planned Parenthood of the Columbia/Willamette Inc. v. ACLA 290 F. 3d 1058 (9th Cir. 2002 en banc)

Reno v ACLU, 521 U.S. 844 (1997)

Ashcroft v. ACLU, 542 U.S. 656 (2004).

Zeran v. AOL 129 F.3d 327 (1997)

Blumenthal v. Drudge 992 F.Supp. 44 (1998)

Schneider v. Amazon 31 P.3d 37 (2001)

Barrett v. Rosenthal 51 Cal.Rptr.3d 55 (2006)

Green v. AOL 318 F.3d 465 (2003)

Simorangkir v. Love, 2009 WL 798260 March 26, 2009 (No. BC410593)

Federal Statutes:

47 USCS§223(a)(C)-(E) (2013)

47 USC §230 (2013)

18 U.S.C. §875 (2013)

Social Media Terms of Service:

Facebook, Community Standards. Available at: http://www.facebook.com/communitystandards

Twitter, Terms of Service. Available at: https://twitter.com/tos

YouTube, Terms. Available at: http://www.youtube.com/t/terms

Assignments:

Research Paper: Students will analyze several court decisions and the legal implications for digital and social media. As a graduate course, the research paper will be 15-20 pages with proper citations.

Weekly Discussions: Students will respond to weekly questions posed by the professor and engage each other in conversation related to that topic. The discussion answers should be the equivalent of a 2 to 3 page reaction paper.

Exams: Each exam will be posted online and will be open book/open notes. Students will use the theories and case law they learned and apply them to answer the exam questions.

Grade Breakdown:

Exam #1

Exam #2

Online Discussion

Research Paper

50 points

50 points

40 points (5 points per week)

100 points

Total:

Grading Scale:

90-100% A

80-89%

70-79%

B

C

60-69% D

59% and less F

240 points

There is NO EXTRA CREDIT during the semester! It is vital that you study for the tests and stay current on the reading assignments!

Classroom Policies:

If you miss an exam or turn your research paper in late due to illness, I expect to see a note from your doctor so that you can do a makeup. Reasons such as my “alarm did not work” or “my dog ate my homework” will not excuse a missed assignment. I penalize one grade for every day an assignment is late.

Academic Integrity:

Every Kennesaw State student is responsible for upholding the provisions of the Student Code of

Conduct, as published in the undergraduate and graduate Catalogs. Section II of the Student

Code of Conduct addresses the university’s policy on academic honesty, including provisions regarding plagiarism and cheating; unauthorized access to university materials; misrepresentation/falsification of university records or academic work; malicious removal, retention, or destruction of library materials; malicious/intentional misuse of computer facilities and/or services; and misuse of student identification cards. Incidents of alleged academic misconduct will be handled through the established procedures of the University Judiciary

Program, which includes either an “informal” resolution by a faculty member, resulting in a grade adjustment, or a formal hearing procedure, which may subject a student to the Code of

Conduct’s minimum one semester suspension requirement.

Students with Special Needs:

If you have a specific physical, psychiatric, or learning disability and require special accommodations, please let me, or the disAbled Student Support office, know early in the semester so that we can appropriately meet your learning needs. You will need to provide documentation of your disability to the disAbled services office, located in Student Center room

267 (phone 770.423.6443) to obtain a list of approved accommodations.

Course Schedule

Summer 8 Weeks

Week 1:

Introduction to the First Amendment and Its Applicability to the Internet

Readings: Packard, Chapters 1 and 2

Balkin, Jack. (2009). Free Speech and Press in the Digital Age: the Future of the Free Expression in a Digital Age, Pepperdine Law Review.

Week 2:

Overview of Internet Regulation

Readings: Packard, Chapter 4

Hall, Caitlin. (20005). A Regulatory Proposal for Digital Defamation: Conditioning §230 Safe

Harbor on the Provision of a Site “Rating.” Stanford Technology Law Review.

Reno v ACLU, 521 U.S. 844 (1997)

47 USC §230 (2013)

Week 3:

Terms of Service with Social Media sites

Readings: Livingston, Jared S.(2011). Invasion Contracts: The Privacy Implications of Terms of

Use Agreements in the Online Social Media Setting. Albany Law Journal of Science and

Technology.

Facebook, Community Standards. Available at: http://www.facebook.com/communitystandards

Twitter, Terms of Service. Available at: https://twitter.com/tos

YouTube, Terms. Available at: http://www.youtube.com/t/terms

Exam #1

Week #4:

Legal Controversies on the Internet

Readings: Packard, Chapters 9,10,11

Ashcroft v. ACLU, 542 U.S. 656 (2004).

Overview of Research Papers Expectations

Week#5:

Legal Controversies on the Internet cont’d

Zeran v. AOL 129 F.3d 327 (1997)

Blumenthal v. Drudge 992 F.Supp. 44 (1998)

Schneider v. Amazon 31 P.3d 37 (2001)

Barrett v. Rosenthal 51 Cal.Rptr.3d 55 (2006)

Green v. AOL 318 F.3d 465 (2003)

Simorangkir v. Love, 2009 WL 798260 March 26, 2009 (No. BC410593)

Proposals for Research Papers Due

Week #6:

Jameson, Sarah.(2008). Cyberharassment: Striking a Balance Between Free Speech and Privacy.

Communication Law Conspectus.

Allsup, Timothy L. (2012). United States v. Cassidy: The Federal Interstate Stalking Statute and

Freedom of speech. North Carolina Journal of Law and Technology.

Abril, Patricia, Levin, Avner, and Del Riego, Alissa. (2012). Blurred Boundaries: Social Media

Privacy and the Twenty-First-Century Employee. American Business Law Journal.

Updates on Research Papers

Exam #2

Week#7:

Copyright and Social Media

Readings: Packard, Chapters 7 & 8

Week#8

Wrapping Up

Readings: Packard, Chapter 12

Advertising on Social Media

Research Papers Due

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