TAKE-HOME FINAL

I apologize for this not being up sooner. I wrote it all out and thought I'd posted it right after class last Wednesday, but apparently I did something wrong because it didn't show up. Sorry. Because of that, you can have extra time to complete it.

Choose one chapter from our textbook that you find especially interesting or meaningful to you. Pick a case you think is important. Look up the court decision. (You may be able to Google it or else try the library. They can help you.) Read it. Read whatever media coverage of the case you can find. Write a paper of 800-1000 words on the significance of the case and why you chose it. What First Amendment theory did the court follow in its decision? On what do you base that? What can you learn from the case? Please use APA style. I expect at least three sources besides the court opinion, which should also be cited and quoted from extensively. Your paper should have a title and subtitle. No need to double-space.

DUE: No later than 6 p.m. Sunday, Dec. 16. Please e-mail to me as an attachment.

Study Guide: Ch. 16 (Due Dec. 5)

Study Guide for Ch. 16: Telecommunications

Your answers should be in your own words and your total study guide should not exceed 750 words.

1. Describe the foundations of broadcast regulations, including public interest, convenience, and necessity requirements.
2.Describe the deregulatory trend within broadcast and cable television, including the revised media ownership rules.
3.What is the role of the Federal Communications Commission and how does it regulate broadcasting and cable television?
4. What are some of the content regulations that apply to both broadcasters and cable television operators?
5. Describe the FCC's regulation and definition of indecent material.
6. What is the role of the First Amendment as applied to both broadcast and cable television?

Alert! Quiz on S. Ct. Case Dec. 5!!!!

We will be having our last Supreme Court dramatization during our last class period December 5. It's Hustler Magazine v. Falwell. Be prepared for at least one quiz question on the case before the presentation.

Study Guide for Minnesota Rag, by Fred W. Friendly

Due November 28, 6 p.m. (e-mail to instructor)


1. Discuss Jay Near and his newspaper in your own words. Why didn’t the powerful people of Minnesota like him?
2. Discuss how Near v. Minnesota made it to the Supreme Court. What, exactly, was the case about? What was the Court’s decision? On what precedent was it based?
3. Discuss 3-4 things you learned about the First Amendment and Minnesota from this story. (Please post the answer to this question as a comment on the course blog. Do so by the due date.)

The answers to these essay questions should total 600-700 words. You can earn up to 6 points. Also, be prepared for an in-class quiz December 5, which will be worth 4 points.

Study Guide not due until Nov. 19

I apologize for not having the study guide up until this weekend. I simply forgot, and finally someone e-mailed me and reminded me. It seems only fair to give you more time. So. . .it's due Monday, Nov. 19.

ALSO -- PLEASE LIMIT YOUR ANSWERS TO 600-700 WORDS. (THAT MEANS FOR THE ENTIRE STUDY GUIDE FOR EACH CHAPTER.) This doesn't mean you just give less information. It means you have to work harder to tell all relevant information more succinctly.

Study Guide due November 14: Ch. 14 & 15

ALSO -- BE PREPARED FOR QUIZ BASED ON MULTIPLE CHOICE QUESTIONS FROM THE BOOK'S WEBSITE

Study Guide for Ch. 14: Copyright

1. Briefly describe the history and purposes of copyright law.
2. Compare and contrast copyrights from trademarks, patents, and plagiarism.
3.What can be copyright protected?
4. What are the exclusive rights of a copyright owner?
5. What are the four prongs of the fair use defense?
6. Briefly describe how copyright law applies to digital technology and peer-to-peer environments like the Internet.
7. Briefly describe the legal limits of online file sharing and what actions may constitute copyright infringement.
8. What are the steps necessary to demonstrate copyright infringement?

Study Guide for Ch. 15: Advertising

1. How and when does the First Amendment protects advertising?
2. What are the main legal components of the commercial speech doctrine?
3. What is the Lanham Act and how does it allow parties to seek damages for false advertising?
4. What are the three parts of the false advertising test?
5. What is the Federal Trade Commission (FTC) and how does it regulate advertising?
5. Describe the range of remedies the FTC will use to regulate false advertising.
6. What are some of the legal aspects of false advertising, including testimonials and bait-and-switch techniques?

Study Guide for Ch. 13: Pornography (due 11/7)

Study Guide for Ch. 13: Obscenity
1. Give a brief description of the historical efforts and different measures used to combat obscenity.
2. Explain the three prongs of the Miller test and how they are applied to pornography.
3. Explain what is meant by variable obscenity statutes.
4. Briefly describe laws applying to the creation, possession, and distribution of child pornography.
5. How does the First Amendment protect the rights of adults to receive certain degrees of pornography and erotica?
6. What are the purposes and limitations of the local zoning ordinances used to combat pornography?
7. Briefly describe the challenges surrounding legal efforts to regulate sexually explicit material in cyberspace.

Be prepared for a Halloween quiz on Ch. 11

We will have a short quiz on the multiple choice questions for Ch. 11, which you can study on the mhhe Website: www.mhhe.com/pember

Halloween Tricks and Treats

Bring a Halloween treat to share next Wednesday (items other than candy and chips particularly welcome!)
Come in costume if you wish.

Study Guide for 10/31: Free Press/Fair Trial: Trial Level Remedies and Restrictive Orders (ch. 11)

1. What judicial remedies are available that ensure an individual enjoys a right to a fair trial under the Sixth Amendment?
2. What are some of the First Amendment limits and restrictions that the press may experience in covering criminal trials?
3. How might pretrial publicity influence the decision-making of individual jurors and the outcome of a case?
4. Learn the different types of trial-level remedies a judge may take to minimize the effect of existing prejudice that results from pretrial publicity.
5. Compare and contrast cases that address restrictive orders aimed at the press versus those aimed at trial participants.
6. What are some of the constitutional burdens that courts must meet before imposing both trial-level remedies and restrictive orders?

Study Guide for October 24

Study Guide for Communication Law: due October 24

Please cite the portion of FERPA or other laws that support your answer to YOUR ASSIGNED QUESTION. Your source cannot be just a Web address. That’s like giving me the street address for The New York Times instead of the name of the organization. Also please quote the actual part of the statute or law. You may want to look for pertinent case law to help you determine how this part of FERPA has been interpreted. You may also want to check out the relevant part of the Minnesota Data Practices Act.

In addition to your one question, please do the following: Answer one of the questions you wrote for this week's study guide. Use your book, the Internet, interviews, etc. whatever sources help you find the answer.

Please note: this FERPA assignment is in lieu of your FOIA assignment. You may still do that, but it will be extra credit. Hurray!

Another note: There will be no class meeting November 28. I will be in St. Paul all week. I will have a selection of relevant movies available for you in the library, along with a study guide. You may choose which movie to watch. I will provide you with the list in a couple of weeks.

1. Parent comes to business office to pay child’s tuition and wants to know the balance. (Rebecca Boe)
2. Parent asks whether child has been in class since last week. (Sam)
3. Parent calls supervisor or student worker and wants to know why she isn’t at work. (Jessica C.)
4. Media requests information about former student who just won election. What if the request is only for “personal opinions” – not grades? (Ryan S.)
5. Newspaper requests graduation rate of Hispanic students from St. Paul. (Mike M.)
6. Police officers demand student’s class schedule to serve arrest warrant. (Trenton S.)
7. For criminal investigation, law enforcement asks for list of stuents in Computer Language clss. Would it matter if she provided a subpoena? What if the request cam by campus security? (Monica R.)
8. Faculty passes around class list and asks students to provide e-mail address for class communication. Okay to share with other students? Okay for instructor to communicate with students by e-mail? (Tamara P.)
9. Instructor gives Registrar’s Office list of students in her “Advanced Programming” class and asks for their grades in “Beginning Programming.” (Rose G.)
10. Expanding computer company wants names and addresses of all female computer science majors for their affirmative action recruiting. (Josh C.)
11. Student requests copy of transcript of school from which he transferred last spring. (Brianna M.)
12. Student requests review of admissions file, including letters of reference. (Bryan B.)
13. Faculty adviser for Spanish Club asks Registrar for names of all students enrolled in Spanish I. Spanish majors? Hispanic students? (Rebecca R.)
14. High School counselor requests grades of PSEO students from his high school. (Mei Ling)
15. Parent requests grades of 17-year-old son attending as PSEO student. (Hui Ling)
16. Staff reports seeing students fighting in hallway. He was interviewed for Conduct Code proceedings and wants to know the outcome. What if complainant was student? (Beth K.)
17. May a department share class lists and point out troublesome students to each other? (Bryan L.)
18. Faculty requests information from financial aid on students who have defaulted on loans? (Zachary)
19. Faculty requests list from Registrar of students who are on academic probation? (Amber N.)
20. Credit card company asks for names of all business major students. List of all students enrolled in Accounting 202? List of all Computer Science majors with GPA of 3.7 or higher? (Heather S.)
21. You would like to begin to submit all your students’ essays to plagiarism detection program – others in your department question whether this violates FERPA? (Iris)
22. Employer calls to request grades of employee who is student – employer is paying tuition. (Natalie Ka)
23. Student asks instructor for employment reference – FERPA issues? Would it matter if it’s in writing? Naming faculty on application form? B’y phone? By Fax? By e-mail? Can you require waiver of ability to review? (Pei-Lin)
24. Student asks for her mid-term exam so she can see what she needs to focus on for the final. Instructor refuses because she re-uses exam questions and doesn’t want copies in circulation. Correct? What if student wants copies of instructor’s notes re: classroom participation?
25. Colleague asks you about performance of student last year in Calculus I – colleague says student is struggling in her Calculus II class. Luckily, you have saved your notes, and provide them. Student now demands to see them – you refuse.
26. Instructor asks counseling services to verify student attended appointment last week.
27. Football coach calls instructors to request mid-term grades of student athletes.

Ch. 9: Gathering Info (Study Guide for October 17)

Read Chapter 9: Gathering Information -- Records and Meetings

Write down five (5) questions, with at least one question each being from the four main sections, i.e.,
1. News Gathering and the Law
2. The Freedom of Information Act
3. State Laws on Meetings and Records
4. Laws that Restrict Access to Information

These questions should be ones to which you truly would like an answer and don't yet know the answer. It may be that you would like something explained more fully, or you think something is wrong, etc.

In addition, you will be given a set of cards called "What to do until the lawyer comes." Please take these cards with you and request or find some public information that is by law available to citizens. Please provide a copy of the information and a paragraph explaining how you got the information.

Study Guide for Comm. Law: Due October 10

Please read the following material carefully. Answer as many of the questions as you can. I don't expect you to be able to answer them all. If you would prefer to view this as the original PowerPoint presentation, e-mail me and I'll send it to you. Use your textbook and any other sources you like. Please cite your sources carefully, so we can all find them if we want to. You may do this assignment with a partner or on your own. If you do it with someone else, you both get the same grade. Have fun!


Student Records and Privacy – What Faculty and Staff Need to Know
Kris Kaplan
Assistant General Counsel
Minnesota State Colleges and Universities
Office of the Chancellor

Bemidji State University
January 2005
It’s the Law
The federal Family Educational Rights and Privacy Act (FERPA) and Minnesota Government Data Practices Act (MGDPA) govern how state universities handle data on individually identifiable students, i.e., “education data/records.”
All university employees are responsible to protect the privacy of education records in their possession.
Willful violations may result in institutional liability or individual sanctions.
It’s the Right Thing to Do
Respecting Student Privacy
Demonstrates integrity
Sensitivity to students as individuals and their rights
Instills confidence
What is an Education Record?
Broader than you may think –
All information created, collected, maintained or disseminated by university on individually identifiable student(s)
in any tangible form or media
wherever located.

Examples: enrollment records, (including internships, study abroad), grades, schedules, electronic document or e-mail, class list, financial aid information, application information, photos, notes taken during advising session, discipline, work study records and more . . .
What’s Not an Education Record?
Several exceptions in law:
Sole possession notes of instructor, so long as not shared with anyone other than a substitute instructor, and destroyed at end of term.
Medical treatment records of university health care professionals so long as not shared with others not providing treatment.
Solely personal information or observations not recorded or derived from education record.
Other laws may apply – and always: common sense(itivity).
Education Records are Presumed Private
Private generally means:
Access by student subject (10 days)
Access by “school officials” who have “legitimate educational interest”
Access by third parties if
Signed, written consent of student; or
Other legal authority
Who?
“School officials” include employees, agents of the university, student workers and others who need data to perform assigned university work, i.e., have a “legitimate educational interest.”

Third parties include: parents, union, media, spouses, potential employers, law enforcement, other schools, other students – and “others”.

Directory Data is Public
Directory Data is defined at BSU:
Name; address; e-mail address; phone #
Major and minor fields of study
FT, PT status
Student classification (sophomore, junior, etc.)
Dates of attendance and graduation
Participation in official activities, sports
Degrees, awards, academic recognition and licenses received; associated names of parents
Public data must be released upon request, but procedures are important.
Some Data is Always Private
Directory information NEVER includes:
SSN; Student ID Number
Race, ethnicity, nationality, religion
Gender
GPA
Remember default rule: if not public, is private.

Student Rights
Access to education records on self (unless previously waived)
To seek amendment of inaccurate, incomplete records
To control disclosure, as permitted by law
To file complaint with Department of Education

All university students have same rights regardless of age.
Student Rights to Control Disclosure
May suppress directory data (includes classroom).
Prior notice of compliance with subpoena (usually).
Most disclosures to third parties require signed release that specifies information to be released, to whom, and for what purpose.

Waiver of rights must be voluntary.
Third Party Disclosure Without Student’s Consent
Permitted examples:
Court order
Health, safety emergency (narrow exception)
Other schools where student intends to enroll or is enrolled
USCIS for certain international student information
Military recruiters for certain information
Other . . .
Faculty and Staff Responsibilities
Access/use education records only for legitimate educational purpose; i.e., “need-to-know.” Not curiosity.
Do not release any information from education records (including class schedules) unless
Directory data, not suppressed
Written consent of student
Other legal authority, as determined by designated college personnel
Faculty and Staff Responsibilities(“Tennessen Notice/Warning”)
When collecting private data, inform:
Why collecting – how used;
Who will have access;
Whether legally required to provide;
Consequences of providing or not.
Goal is informed consent – need not be written, but easiest on forms. Don’t forget electronic collection.

Tip: don’t ask for private data (especially SSNs) unless required.


Faculty and Staff Responsibilities
Know campus resources
DPCO: David Carlson
Directory data definition, how to check for suppression (see registrar)
Refer public requests to Communications/Public Affairs
Consult with and follow IT staff policies on privacy, security of electronic data.
www.ogc.mnscu.edu

Privacy Practices
Don’t
Use any portion of SSN or student ID to post grades or other information;
Allow access to graded materials by students other than subject;
Improperly disclose information derived from private education records (including oral disclosures);
Allow public view of student data on computer screen;
Allow family members to use college computer resources;
Disclose class lists or schedules unless authorized;
Download unauthorized software or circumvent other privacy or security measures for electronic resources.
But DO know who to call for help – or refer.
Test Your FERPA IQ
How would you handle the following situations?

Parent comes to business office to pay child’s tuition and wants to know the balance.
Parent asks whether child has been in class since last week.
Parent calls supervisor or student worker and wants to know why she isn’t at work.

Media requests information about former student who just won local election.
What if request is only for “personal opinions” – not grades?

Newspaper requests graduation rate of Hispanic students from St. Paul.

Police officers demand student’s class schedule to serve arrest warrant.

For criminal investigation, law enforcement asks for list of students in Computer Language class. Would it matter if she provided a subpoena?
What if the request came from campus security?

Faculty passes around class list and asks students to provide e-mail address for class communication.
Ok to share with other students?
Ok for instructor to communicate with students by e-mail?

Instructor gives Registrar’s Office list of students in her “Advanced Programming” course and asks for their grades in “Beginning Programming.”

Expanding computer company wants names and addresses of all female computer science majors for their affirmative action recruiting.

Student requests copy of transcript of school from which he transferred last spring.

Student requests review of admissions file, including letters of reference.

Faculty advisor for Spanish Club ask Registrar for names of all students enrolled in Spanish I.
Spanish majors?
Hispanic students?

HS counselor requests grades of PSEO students from his school.

Parent requests grades of 17 year-old son attending as PSEO student.

Staff reports seeing students fighting in hallway. He was interviewed for Conduct Code proceeding and wants to know outcome. What if complainant was student?

May a department share class lists and point out troublesome students to each other?


Faculty requests information from financial aid on students who have defaulted on loans?

Faculty requests list from Registrar of students who are on academic probation?

Credit card company asks for list of names of all business major students.
List of all students enrolled in Accounting 202?
List of all Computer Science majors with GPA of 3.7 or higher?


Student calls over semester break to request grades. E-mail?

Employer calls to request grades of employee who is student – employer is paying tuition.


Student asks instructor for employment reference – FERPA issues?
Would it matter if request is in writing?
Naming faculty on application form?
by phone? By FAX? By e-mail?
Can you require waiver of ability to review?

If your only knowledge about the student comes from extra-curricular activities, is FERPA a concern?



Student asks for her mid-term exam so she can see what she needs to focus on for the final. Instructor refuses because she re-uses exam questions and doesn’t want copies in circulation. Correct?
What if student wants copies of instructor’s notes re: classroom participation?


Colleague asks you about performance of student last year in Calculus I – colleague says student is struggling in her Calculus II class. Luckily, you have saved your notes and provide them to your colleague, since you no longer need them. Student now demands to see them – you refuse.


Instructor asks disability services for medical update on student who seems to be having more difficulty with speech.

Instructor asks counseling services to verify student attended appointment last week (missing mid-term).

Parent needs explanation of health service charge for insurance coverage.

Football coach calls instructors to request mid-term grades of student athletes.

Football coach holds press conference to announce disciplinary action against two well-known players and results of knee surgery on quarterback.

You would like to begin to submit all your students’ essays to a plagiarism detection program – others in your department question whether this violates FERPA?
Responding to Requests for Private Data
“I’m sorry but that information is private under the law. If you would like further information about how to access student information, or to obtain a release form, please contact <>.”
Advanced Issue If student not enrolled or has suppressed: “I have no information on that individual.” Use same response to avoid inadvertent disclosure of student status.

QUIZ TOPICS FOR 10/3/07

Be prepared for a quiz on the case that will be dramatized next week from the Irons book: Employment Div. v. Smith (#6).

Also, be prepared for questions from the multiple choice quizzes on the textbook Website.

STUDY GUIDE FOR CH. 6 -- PRIVACY

DUE October 3 at 6 p.m.

1. What are the four areas of privacy law?

2. Choose one of the four areas and define it. Describe a relevant legal case mentioned in your book.

3. What are the defenses against this one area?

4. Name one significant case in this one area of privacy law. Please give the following information about the case: year, facts of case, disposition (ruling) and main points of the opinion.

5. Discuss briefly whether American courts consider it possible for a well-known person to pass his or her right of publicity on to an heir:

6. What are the circumstances in which written consent may not suffice as a defense in an appropriation case?

STUDY GUIDE FOR LIBEL CH. 4-6: Due Sept. 24

Study Guide for Libel: Chapters 4-6
Due September 24, 2007 at 6 p.m.
Please type; please cite your source (p. #s); if you use direct quote, put in quote marks; otherwise, I’ll assume it’s your own words; please make sure that’s true!


Write the correct terminology for the definitions below.

1. Someone who has thrust him or herself to the forefront of particular public controversies.
2. Can a statement be proven true or false? What is the common or ordinary meaning of the words? What is the journalistic context of the remark? What is the social context of the remark?
3. A plaintiff who needs to prove only negligence to win a libel suit.
4. The publication or broadcast of a statement that injures someone’s reputation.
5. A case that’s very difficult to win, especially if it involves many people.
6. A person elected to a government position and some government employees.
7. Abolished the crime of seditious libel and established the standard of “actual malice.”
8. Protect speech in legislative, judicial forums and in administrative and executive branches of government.
9. Protects reporters in the accurate and disinterested reporting of serious charges made in situations of privileged communication.
10. Includes a number of defenses, including one for rhetorical hyperbole and one for fair comment and criticism.
11. Both an apology and an attempt to set the record straight.
12. Criticism of the government.
13. Hears complaints against the media and issues decisions, but has no legal power.
14. Someone who has general notoriety within the area in which a libel is circulated.
15. Publication, identification, defamation, falsity and fault.
16. Proof of knowledge of falsity or proof of reckless disregard for the truth.
17. Failure to exercise reasonable care in preparing and publishing defamatory material.
18. Between actual malice and simple negligence.
19. A common-law defense that protects the publication of statements of opinion.
20. Oral defamation.
21. Grants the right to report what happens at an official governmental proceeding or transmit the substance of an official governmental report and be immune from libel.
22. Any communication that hold a person up to contempt, hatred, ridicule or scorn.
23. Speech protected from libel suits in order to promote “robust debate” in public discourse.

Study Guide for Chapter 4

There is no study guide for Chapter 4. BE PREPARED FOR A SHORT QUIZ ON THAT CHAPTER IN CLASS. One way to prepare for it is to review the study guide and quiz questions on the textbook Website.

STUDY GUIDE FOR CH. 5: Due at 6 p.m., Sept. 19

STUDY GUIDE FOR CH. 5: Communication Law Fall ‘07
Due 9/19/07

1. Explain the difference between a public and a private person for purposes of libel law.
2. Describe the differences between the following:

a. Public Official
b. Limited-Purpose Public Figure
c. All-Purpose Public Figure

3. Explain the difference between negligence and actual malice in libel law. Give at least one example from cases described in your textbook.

4. What was the New York Times vs. Sullivan case and why is it considered one of the most important First Amendment cases in American history?

Chapter 3 Study Guide: Due Wed., Sept. 12, 6 p.m.

STUDY GUIDE FOR COMMUNICATION LAW Fall 07, Ch. 3
“Contemporary Problems”
NOTE: PLEASE TYPE -- DO NOT HANDWRITE. Thank you.

The following is a list of some of the contemporary free speech issues discussed in your book.

1. Student free speech rights: k-12 schools and colleges, including student media and book banning
2. Time, place and manner restrictions for demonstrations, soliciting, etc.
3. The war on terrorism
4. Election campaigns
5. Prior restraint
6. Hate speech and fighting words

Choose any two from the list and write 400-500 words on each issue, addressing the following:

What, exactly, are the special, specific and, possibly, new contemporary First Amendment concerns about this topic? What kinds of decisions have the courts had to make about this issue recently? Have First Amendment rights in this area expanded in recent years or been more curtailed? Please explain your answer. Which of the cases mentioned do you find the most interesting? Why?

If you copy any portion of your answer directly from the book, please use quote marks and clearly note which page(s) you are quoting from. I expect most of this to be in your own words, not the book’s. You are welcome to consult other sources, including people.

STUDY GUIDE FOR CH. 1-2: DUE WEDNESDAY, SEPT. 5

Communication Law Fall 2007 Study Guide: Ch. 1 & 2


Define the following terms:

1. Common Law 4. Administrative Rules 7. Prior Restraint
2. Statutory Law 5. Appellate Court 8. Seditious Libel
3. Constitutional Law 6.Supreme Court 9. Pentagon Papers

10. What are the five First Amendment theories mentioned in your book? Briefly define each one? Which one is considered the best at this point in time? Why?

11. When did seditious libel first become a major issue for the courts? Why? Why was the Pentagon Papers case NOT seen as a major victory in the battle to put an end to the crime of seditious libel?

12. See the Brandenburg Test (page 61): “The constitutional guarantees of free speech and free press do not permit a state to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such actions.” How does the use of this test by the courts protect media from wrongful death, negligence and product liability lawsuits? Do you think this is a good test? Why or why not?

13. What is the 14th Amendment? How is it tied to the First Amendment?

SYLLABUS for MASC 3880: Communication Law F '07

Syllabus for MASC 3880: Communication Law
Fall 2007, W 6:00-8:50, Bg 119

Instructor: Louise Mengelkoch
LMengelkoch@bemidjistate.edu
Phone: 755-3358
Office: Bg 214
Office hours: Wednesdays 10-2 (and by appointment)

“Freedom of expression’s importance in self-development, in human interactions, and in relationships between governments and their citizens makes free speech not just an interesting topic, but one that is crucial to people’s lives.”

Robert Trager and Donna L. Dickerson
Freedom of Expression in the 21st Century

Only journalists and other communicators possessing some knowledge of mass communication law can thoughtfully assert their rights and avoid needless infractions of the law. This course is designed to make journalists and other mass communicators expert in recognizing their legal rights to gather, prepare and disseminate news and public information, and to suggest guidelines for avoiding legal problems. It is also important that as a reporter, advertising executive, or public relations practitioner, you know how to retrieve state and federal cases and statutes.

Required textbooks:
*Mass Media Law 2007-2008 ed., by Don R. Pember, McGraw-Hill, 2007.

*May it Please the Court: The First Amendment, edited by Peter Irons, The New Press, 1997.

*Minnesota Rag: Corruption, Yellow Journalism and the Case That Saved Freedom of the Press, by Fred W. Friendly, University of Minnesota Press, 2003.

Assignments:
*Each week you will complete a study guide for the assigned chapter in our textbook. That is due at the beginning of class. You may also be given a quiz on the same materials in class.

*You will make a 10-minute dramatization of a Supreme Court transcript from the Irons book. This will be a group project (2-4 people). You will sign up for a case and a date during week 1.

*You will complete a study guide on the Friendly book. You may also be given a quiz on the book in class.


Grading:
Study Guides: 70 points
Irons book dramatization: 10 points
Friendly book study guide: 10 points
Final: 10 points

Note: There may be opportunities for extra credit, which I will announce in class as they become available. You may receive no more than 5 point of extra credit for the semester.

90-100 points = A
80-89 points = B
70-79 points = C
60-69 points = D
Fewer than 60 points = F

Topics to be covered and readings:

Week 1 (8/29) Introduction and Ch. 1: The American Legal System
Week 2 (9/5) Ch. 2-3: The First Amendment
Case 1: Abington School Distr. v. Schempp
Case 15: Tinker v. Des Moines
Week 3 (9/12) Ch. 4: Libel (Establishing a case)
Case 11: NY Times v. Sullivan
Week 4 (9/19) Ch. 5: Libel (Fault)
Case 2: County of Allegheny v. ACLU
Week 5 (9/26) Ch. 6: Libel (Defenses & damages)
Case 5: Cohen v. California
Week 6 (10/3) Ch. 7: Invasion of Privacy: Appropriation & Intrusion
Case 6: Employment Division v. Smith
Week 7 (10/10) Ch. 8: Invasion of Privacy: Private info and false light
Case 7: Hazelwood School District v. Kuhlmeier
Week 8 (10/17) Ch. 9: Gathering Information
Case 12: NY Times v. U.S.
Week 9 (10/24) Ch. 10: Protection of Sources
Case 4: Branzburg v. Hayes
Week 10 (10/31) Ch. 11 & 12: Free Press/Fair Trial
Case 9: Hurley v. Irish American Gay, Lesbian. . .etc.
Week 11 (11/7) Ch. 13: Obscenity
Cases 3 and/or 10
Week 12 (11/14) Ch. 14: Copyright
Case 8: Hustler Magazine v. Falwell
Week 13 (11/21) Ch. 15: Advertising
Case 13: R.A.V. v. City of St. Paul, Minnesota
Week 14 (11/28) Ch. 16: Telecommunications
Case 14: Texas v. Johnson
Week 15 (12/5) Minnesota Rag study guide due

Final exam: Tuesday, December 18 at 6:00 p.m. Please mark this date on your calendar. You MUST attend and take the final exam. In making your travel plans for semester break, please schedule around this commitment. I reserve the right to assign a failing grade for the course if you do not take the final exam.