Communications Program

Dept. of English and Communications

California State University, Bakersfield

Course Syllabus

Comm. 315: Mass Media Law

Tuesday & Thursday: 6 p.m. - 8:05 p.m. (DDH 103E)

Instructor: Dr. Andy Odasuo Alali

Office: Faculty Towers - 303F

Voice Mail: (805) 664-2152; Fax: (805) 664-2063

E-mail: aalali@csubak.edu

Office Hours: Tuesday & Thursday: 4 p.m. - 5:30 p.m.

(Other hours by appointment only)

Text

Overbeck, W. (with R. D. Pullen) (1998). Major Principles of Media Law. Forth Worth, TX: Harcourt Brace College Publishers.

Purpose

Comm. 315 is designed to broaden the student's understanding of laws which pertain to the mass media. Because media laws change rapidly, media practitioners need to recognize and avoid the legal blind alleys that await them. In the same light, pre-professionals planning careers in the media need to be acquainted with the key concepts, the cases, and the issues that affect communication in the media. Philosophical appreciation of the legal framework within which the media operate and pragmatic familiarity with the legal problems most often encountered by journalists and related professionals is anticipated. We will also examine the development of the law regarding the First Amendment to the U.S. Constitution and related legal areas such as libel, obscenity, censorship, right to privacy, free press and fair trial, journalist's privilege, the right of access to government information, access to the press, the doctrine of commercial speech (advertising), new media technologies, and intellectual property. Specific attention is given to California law and California cases where these depart from the general framework of the text; approximately 450 state and federal court cases would be studied.

Course Objectives

We will attempt to accomplish the following objectives by the end of the quarter:

1. To introduce the student to major principles of the media.

2. To explore the legal framework that shapes the media.

3. To understand how the First Amendment affects the media.

4. To understand defamation and its limitations, and the liability for libel and slander.

5. To understand the rights to privacy and the public's interest in news gathering.

6. To understand the media's role in reporting crimes and court trials.

7. To understand the copyright laws of the United States.

8. To interpret the Freedom of Information Act.

9. To understand how new media technologies have shaped mass media law.

10. To apply these concepts in the analysis of the media and its application for human values.

General Policy

I'm here to help you; that's my job. Come to my office or call if you have questions. If I'm not busy, I'll be glad to talk to you; if I am busy, we'll set up an appointment for another time. Also, you can always check with me in class or call me to set up an appointment. I'll be working hard to make this class a good experience for you; if you also work hard, you'll learn a lot. In my view, education is an interactive experience: student-teacher, student-content, and students with each other; this class will be conducted as such.

Specific Student Responsibilities

This course, like most courses in history, government, economics, politics, and the like, covers a body of knowledge that must be mastered, or the course serves no useful purpose. Therefore, the student is encouraged to acquire the text for this course. There are two rewards for having your own copy of the book. One is obvious. Those who do study are likely to get higher grade than those who do not. But in the long run, those of you who master the subject matter of this course may be able to avoid the expensive legal hazards that beset the practice of journalism. Clearly, it is in your best interest to attend all lecture and discussion meetings regularly, and on time.

Pre-Lecture Discussions

We will start each class meeting with discussion and commentary on issues you observe in the media since our last class meeting. The discussions will include Q&As and/or further comments on issues of concern to the student. This is a student-driven session!

Policy on Electronic Devices

Generally, I do not allow electronic transmission devices, such as beepers and cellular phones, in my classes. You must have your electronic transmission devices in the "off" mode when in class. You must obtain permission from me each day you wish to electronically record my lectures.

Attendance

Each student is encouraged to attend all lecture meetings regularly and on time. Only excused absences, including medical, would be honored. All unexcused absences would count against your final grade.

Academic Honesty

Please acquaint yourself with the University's policy on academic honesty. Plagiarism is grounds for academic dismissal.

Examinations

There will be four non-comprehensive exams (intellectual exercises). Each exam will cover key court cases, the circumstances and issues of the cases, and relevant conclusions or decision (both dicta and precedent - recommendations and binding rules of law), in terms of majority, concurring, and dissenting opinions. You would be expected to determine the implication of each case on communication in the mass media. The exam dates are as follows: Exam #1 (April 21); Exam #2 (May 7); Exam #3 (May 21); Exam #4 (June 11.

Evaluation/Grading

Each examination would be graded on a 0-100 scale. Use the following scale to convert your letter grade: A (95 and above); A- (90-94); B+ (85-89); B (82-84); B- (80-81); C+ (77-79); C (73-76); C- (70-72); D+ (65-69); D (62-65); D- (60-62); F (59 and below). Your final grade would be based on an average of four examinations and attendance/class participation, according to the following percentages:

Exam #1 (20%); Exam #2 (20%); Exam #3 (20%); Exam #4 (35%); Attendance/Class Participation (5%)

COURSE OUTLINE

Date Topic(s) and Page Numbers

March 31 Introduction and Reading of Syllabus

April 2 The American Legal System (pp. 1-31)

7, 9 Modern Prior Restraints (pp. 58-97)

11, 16 Libel and Slander (pp. 98-156)

21 Exam #1

23 The Right of Privacy (pp. 157-190)

28, 30 Obscenity and the Law (pp. 336-362)

May 5 Copyrights and Trademarks (pp. 191-242)

7 Exam #2

12 Fair Trail-Free Press Conflicts (pp. 243-272)

14 Newsgatherer's Privilege (pp. 273-302)

19 Freedom of Information (pp. 303-335)

21 Exam #3

26 Monday Schedule, No Classes

28 Advertising and the Law (pp. 460-499)

Freedom of the Student Press (pp. 500-520)

June 2 Media Ownership Issues (pp. 436-459)

4, 19 Regulation of Electronic Media (pp. 363-435)

11 Final Exam (8 p.m. - 10:30 p.m.)

FYI There's no class on Tuesday, May 26, because it is a Monday schedule.