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?
Thursday, August 30, 2007
Wednesday, August 29, 2007
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.
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.
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