Journalism 430 – Law of Mass Communications – Fall 2012
Instructor:
Office:
Class Meets:
Office Hours:
Office Phone:
e-mail:
Dr. Gwen Shaffer
SSPA008
Tuesdays and Thursdays, 11 am to 12:15 pm in SSPA 029C
Monday and Wednesday, 1:30 pm to 3:15 pm (and by appointment)
562.985.5433
gwen.shaffer@csulb.edu
COURSE DESCRIPTION, LEARNING OBJECTIVES AND OUTCOMES: The course
examines principles and case studies of media law, with an emphasis on constitutional guarantees to
free press, prior restraints, libel, contempt, shield laws, and other laws affecting the news media. By
the end of the course, students will have obtained a basic understanding of the legal frameworks under
which the media operate. In this course, we will examine the key court decisions and statutes in each
area of communication law. We will analyze how they originated and, significantly, how they are
applied in contemporary situations. Through our discussions, readings and assignments, students
should be familiar with the common legal problems confronting journalists and, potentially, their own
future careers.
REQUIRED TEXTBOOK: Pember, Don R., and Clay Calvert, Mass Media Law, 18th Edition
USEFUL REFERENCE: Reporter's Handbook on Media Law 1999 ed., California Newspaper
Publishers Association (used copies available from Amazon for about $5)
COURSE CALENDAR & READING ASSIGNMENTS: Students are expected to read the
specified material by the Tuesday on which that reading is scheduled. The textbook will be helpful in
providing context and background for the cases you read, as well as for other concepts we discuss
during class. I also posted additional material of interest on BeachBoard, including links to oral
arguments for each case we study and additional recommended readings. I post study guides,
hypothetical legal scenarios, and other useful links on the course BeachBoard site.
EXAMS AND GRADING: Your final grade will be determined by your performance on three
quizzes, three exams, writing a legal brief, and class participation. I will calculate your course grade
based on a total of 300 points earned.
Grading scale:
A 100% – 90%
B 89% - 80%
C 79% - 70%
D 69% - 60%
F 59% and below
--There will be three quizzes, each worth 25 points. Quizzes will always be announced at least one
class period in advance.
--The three major exams will be worth 50 points each. Your final exam will not be cumulative, as it
will test your knowledge of only the material covered in the final weeks of class.
--Each student will write and present a brief, an assignment worth 25 points.
--We will do two in class exercises, each worth 10 points.
-- Class participation will comprise 30 points of your overall grade. Although I give a lecture during
each class, discussion is encouraged—so please speak up!
--Last but not least, it is important that you attend class in order to understand the legal and policy issues
raised in the readings. Excessive absences will adversely affect your understanding of the material we
cover. Therefore, more than six unexcused absences will result in automatic failure of the course.
On a related note, it is essential that you keep up with the reading. If you fall behind, you will find it
exceedingly difficult to catch up, and the lecture material may not make sense. Although I post
Powerpoint slides on Beachboard, they are not a substitute for reading the text and court opinions. This
course will introduce many new concepts and terms. Don’t hesitate to ask me questions or to seek
clarification. I am happy to chat after class, during office hours or by appointment.
Finally, it should go without saying that cell phones must be in silent mode or turned off during class.
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Course Schedule:
Legal Process and Legal Concepts
Week 1
Tues., Aug. 28 and
Thurs., Aug. 30
Week 2
Tues., Sept. 4 and
Thurs., Sept. 6
Introduction
Text: Chapter 1
For a glossary of legal terms, see pp. 659-666 in the text.
BeachBoard: “Reading and Understanding the Law” and “Solving
Legal Problems” (print Gitlow decision and brief examples, and bring
them to class)
Judicial power; court system structure
The First Amendment, Censorship, Punishment and Regulation
Week 3
Tues., Sept. 11 and
Thurs., Sept. 13
Week 4
Sept. 18 and Thurs.,
Sept. 20
Week 5
Tues., Sept. 25 and
Thurs., Sept. 27
Week 6
Tues., Oct. 2 and
Thurs., Oct. 4
Week 7
Tues., Oct. 9 and
Thurs., Oct. 11
Tues., Oct. 16 and
Thurs., Oct. 18
Week 8
Text: pp. 44-71; pp. 446-456
Beachboard: Near v. Minnesota; NYT v. United States; Nebraska
Press Association v. Stuart; Smith v. Daily Mail
Text: pp. 51-62 (middle of page)
BeachBoard: Schneck v. U.S.; Brandenberg v. Ohio; Solving Legal
Problems
Text: pp. 638-464; pp. 135-138
BeachBoard: Equal Time Law; Federal Candidate Access Law
Text: pp. 49-50
BeachBoard: Red Lion Broadcasting v. FCC; Miami Herald v.
Tornillo; and an optional reading of U.S. v. O’Brien
Text: pp. 626-636; p. 512-513
BeachBoard: FCC v. Pacifica Foundation; Reno v. ACLU
Review and EXAM #1
Libel and Invasion of Privacy
Week 9
Week 10
Week 11
Week 12
Tues., Oct. 23 and
Thurs., Oct. 25
Tues., Oct. 30 and
Thurs., Nov. 1
Tues., Nov. 6 and
Thurs., Nov. 8
Tues, Nov. 13 and
Thurs., Nov. 15
Text: Chapter 4 and Chapter 6
Text: Chapter 5
BeachBoard: NY Times v. Sullivan; Gertz v. Robert Welch; Hustler v.
Falwell
Text: Chapter 7 and Chapter 8
BeachBoard: Cox Broadcasting v. Cohn
classes canceled campus-wide
Review and EXAM #2
Obtaining and Protecting Information
Week 13
Week 14
Week 15
Tues., Nov. 20 and
Thurs., Nov. 22
(Thanksgiving)
Tues., Nov. 27 and
Thurs., Nov. 29
Tues., Dec. 4 and
Thurs., Dec. 6
Text: pp. 320-325, pp. 335-340, Chapter 12
BeachBoard: California open records/meeting laws
Text: pp. 224-234; pp. 391-398
BeachBoard: Branzburg v. Hayes
Shield laws and FOIA
FINAL EXAM REVIEW
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Addendum to Course Syllabus: Department of Journalism
Policies on Grading, Conduct of Classes, Drops, Absences and Cheating
Grading: The grading policies and practices in this class are explained elsewhere in the syllabus. It is
the student’s responsibility to read them and to seek clarification if necessary. The student should be
fully aware of what is required for success in the course, such as group participation, writing,
speaking, completing assigned readings, etc.
Seat in Class: An enrolled student may lose his/her seat in class if he/she misses the first class
meeting without notifying the instructor. At the instructor’s discretion, a student who attends the first
class but not subsequent classes may also be dropped from the course.
Withdrawal from Class: Students may withdraw from a class from the third to the 12th week for
“serious and compelling reasons.” Normally these are defined as anything of import that is beyond the
control of the student. This includes, but is not necessarily limited to, death or serious illness in a
student’s immediate family or a documented change in a student’s work schedule. Poor performance,
tardiness and unexcused absences are not considered a serious or compelling reason beyond the
student’s control for purposes of withdrawal.
Absences from Class: Grades in a course may be adversely affected by absences, and students should
seek clarification from the instructor regarding the course absence policy. Make-ups usually are
granted in strict accordance with CSULB policy, which defines excused absences as (1) illness or
injury to the student; (2) death, injury or serious illness of an immediate family member or the like; (3)
religious reasons; (4) jury duty or government obligation; (5) CSULB-sanctioned or approved
activities [2002-03 Catalog, p. 75]. These and any other requests for an excused absence must be
documented.
CSULB Cheating/Plagiarism/Fabrication Policy: CSULB takes issues of academic dishonesty very
seriously. If you use any deceptive or dishonest method to complete an assignment, take an exam, or
gain credit in a course in any other way, or if you help someone else to do so, you are guilty of
cheating. If you use someone else’s ideas or work and represent it as your own without giving credit to
the source, you are guilty of plagiarism. This does not apply if the ideas are recognized as common
knowledge, or if you can show that you honestly developed the ideas through your own work. Any
instructor can show you the correct ways of citing your sources, and you should use quotation marks,
footnotes or endnotes and bibliographic references to give credit to your sources according to the
format recommended by your instructor.
Responses, Penalties and Student Rights: Students should consult the appropriate sections of the
Catalog for examples of cheating, fabrication and plagiarism, and instructor and/or CSULB response
options in such circumstances. The Catalog also outlines student rights. Any instance of academic
dishonesty may result in your immediate expulsion from the class with a grade of “F” and/or other
sanctions, as the instructor deems appropriate.
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Accommodation of Students With Disabilities in Journalism Courses
Students with disabilities who need assistant or accommodation to participate in or benefit from
university programs, services, and/or activities should inform the instructor and then contact Disabled
Student Services. Students needing support services or accommodations should contact the instructor
of the course within the first week of class. In addition, students should establish their eligibility for
assistance by contacting the Disabled Student Services Office (Brotman Hall 270) at 562-985-5401.
Students are to provide to the instructor verification of their disability from Disabled Student Services.
Typical accommodations available from Disabled Student Services, working with the journalism
instructor, includes extended time for tests, test proctoring, private test rooms, note taking, Braille
transcriptions, and referral for tutoring.
If the service offered is insufficient or inadequate, the student should confer with the instructor and the
director of Disabled Student Services. If these efforts are unsuccessful, students have the option of
directing their concerns to the Office of Equity and Diversity (University Student Union 301) at 562985-8256. Responsibility for oversight and implementation of the Americans with Disabilities Act and
the Rehabilitation Act has been delegated to the campus director for disability support and
accommodation.
Additional Student Learning Assessment
The national accrediting agency for journalism education has established a requirement that all
accredited journalism schools assess student mastery of 11 core values and competencies that any
graduate of a journalism and mass communication program should possess. According to the
Accrediting Council on Education in Journalism and Mass Communication, all graduates, irrespective
of their particular specialization, should be able to:
1) Understand and apply First Amendment principles and the law appropriate to
professional practice.
2) Demonstrate an understanding of the history and role of professionals and institutions
in shaping communications.
3) Demonstrate an understanding of the diversity of groups in a global society in relationship to
communications.
4) Understand concepts and apply theories in the use and presentation of images and
information.
5) Work ethically in pursuit of truth, accuracy, fairness and diversity.
6) Think critically, creatively and independently.
7) Conduct research and evaluate information by methods appropriate to the communications
professionals in which they work.
8) Write correctly and clearly in forms and styles appropriate for the communications
professions, audiences and purposes they serve.
9) Critically evaluate their own work and that of others for accuracy and fairness, clarity,
appropriate style and grammatical correctness.
10) Apply basic numerical and statistical concepts.
11) Apply tools and technologies appropriate for the communications professions in which they
work.
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