Media Law
	Jour/EMC/RI 4250-H02
	Spring 2008

	Syllabus (course introduction, procedures, requirements, etc.)
I	Introduction to the Law
II	Freedom of the Press
III	Time, Place, Manner
IV	Defamation
V	Invasion of Privacy
VI	Broadcast
VII	Records and Meetings
VIII	National Security
IX	Internet
X	Pornography and Obscenity
XI	Copyright
XII	Commercial Speech
XIII	Free Press/Fair Trial
	Readings and Discussion Topics

COURSE:	JOUR/EMC/RI 4250-H02 (Media Law), T-Th 1:00-2:25, COMM 151
TEXT:	None. But see reading assignments below. Finding a case Lecture/Discussion Notes
INSTRUCTOR:	Dr. Larry Burriss, Ph.D., J.D.
OFFICE:	Comm 258
PHONE:	615-898-2983 (office)
	615-898-5682 (fax)
E-Mail:	LBURRISS@MTSU.EDU

Dr. Burriss is a professor in the School of Journalism, a former president of the MTSU Faculty Senate and a former member of the Tennessee Board of Regents. He has served as dean of the college of mass communication and director of the School of Journalism. He received his bachelor's and master's degrees from The Ohio State University, where he majored in broadcast journalism. He also has a master's degree in human relations from the University of Oklahoma.

Dr. Burriss received his Ph.D. in communication from Ohio University, where he minored in law, and his J.D. from the Concord Law School.

He is particularly interested in issues dealing with new technology and with government-media relations.

Dr. Burriss has worked in both print and broadcast news, and in public relations. He has published extensively in professional research journals, as well as in popular magazines.

He was a lieutenant colonel in the Tennessee Air National Guard, where he was the director of public affairs. He served in Mali, Bosnia, Somalia, Central America, England and Germany.

Dr. Burriss enjoys travel, reading, and was ranked 3rd in the Tennessee Division, American Fencing Association.

Purpose of the Course:

The case study approach is used but the emphasis is on the principles and philosophy underlying the various aspects of communication law.

The principle aim is to accelerate the trend toward making the student more of a participant and collaborator in the learning process and less of a stenographer.

Regular participation is essential and it is important to read the cases and assignments on a timely basis.

COURSE REQUIREMENTS

2. Three exams
The tests will be objective, multiple choice and true/false. The exams will cover material from previous readings and lectures. The final exam is not comprehensive. There will be no extra credit assignments. Make-up tests will be given only due to documented personal illness or death in the family, are essay in nature, and are more difficult than the regular test material.

3. Project - We will discuss details of the project during the class orientation. In general terms you will need to prepare a legal brief to support a proposed law that has been challenged in court. Here is a small sample of web pages that illustrate how to prepare a case brief.
Internet Legal Research and Writing Legal Briefs
How to Write a Good Appellate Brief
How to Brief a Case

4. In-Class Case Brief
Each student will be given one opportunity to brief a case. We will discuss how to brief a case during the course orientation.

GRADE DETERMINATION

In a course with this many students, consideration of individual differences in learning styles, abilities, potentials, etc., is difficult, if not impossible. And, of course, different students respond differently to different teaching styles.

As you may know, the normal "90-80-70" grading scale has some severe problems (see, for example, William B. Gartner, "Dr. Deming Comes to Class," Journal of Management Education, May 1993, 143-158), which can be summarized in the following question: "Is the student who gets 90% of the questions right really that much better than a student who gets 89% right?" Obviously, the one student will get an "A," while the other will receive a "B." And, then, of course, the student who received the 89% wants the scale dropped so that 89% will be an "A." Then the student who receives an 88 wants the scale dropped again, and so on. At this point the grade scale becomes arbitrary, and has no basis in reality.

Therefore, I am going to let YOU determine the grading scale. Here's how it works: If any student receives a grade of 90 or above, the standard 90-80-70 scale will apply. However, if no student receives at least a 90, then the person(s) who received the highest grade will have enough points added to his/her score to bring the grade up to 90. The same number of points will be added to all other scores, and the 90-80-70 scale then applied. This will (1) remove the arbitrary nature of the "90-80-70" scale, (2) will allow for material that was unclear, etc (if everyone misses a question, is the problem with the students who just didn't "get it," or is the problem with the instructor who didn't present the material very clearly, or is the problem with the question?) and (3) will correct for any systemic "defects" in the course, environment, teacher, students, etc.

Suppose, for example, the high grade is 92%. The grade scale would look like this:

F	D	C	B	A
0-59	60-69	70-79	80-89	90-100

If the high grade is 85%, the scale would look like this:

F	D	C	B	A
0-51	52-62	63-73	74-84	85

This method allows you and your classmates to set the standards for the course. I believe all students want to learn as much as they can, and want to do as well as they can. So, if you are as good as everyone else in the course, then you will get an "as good as" grade. If you do a lot better than everyone else (either because you really ARE better, or because you work harder), you will be rewarded accordingly. If, on the other hand you are not as good as everyone else in the course . . . well, we don't want to go there, do we?

In determining your final grade, A=4, B=3, C=2, D=1

Final grades will not be curved beyond the criteria described above.

We will NOT be using +/- grades.

The final exam is scheduled for Tuesday, April 29, 2008, 1:00-3:00 p.m.

A Word About Using the Uniform Resource Locators (URL)

If you type (or copy or link to) the entire address (URL), you will end up at a page produced by the U.S. Patent and Trademark Office titled "Trademark Basics," which discusses, appropriately enough, trademarks.

But, and this is the great part, if you use only this part of the address . . .

. . . you will be taken to an index of articles about trademarks. If you keep going further and further "back" in the URL, to, for example . . .

. . . you will eventually get to the USPTO homepage. Note, however, that as you "back through" the URL, you will also come to links that say "Server Error," and then a statement about an "internal error." This is a problem at the server (in this case, USPTO) end. When you encounter one of these, just go back another step.

So as you are going through the various readings, you might want to "back through" the current URL to see what you get.

DISCLAIMERS AND OTHER LEGAL STUFF

By enrolling in this course, you are indicating your recognition and acceptance of your responsibility to read, understand and meet the course requirements set forth, both in written and spoken form, and that you will not be exempted from these requirements because of ignorance, negligence or contradictory advice from any source.

Academic Misconduct

Plagiarism, cheating and other forms of academic dishonesty are prohibited. Students guilty of academic misconduct, either directly or indirectly through participation or assistance, are immediately responsible to the instructor of the class. In addition to other possible disciplinary sanctions which may be imposed through the regular institutional procedures as a result of academic misconduct, the instructor has the authority to assign an F or a zero for the exercise or examination; or to assign an F in the course. If the student believes he or she has been erroneously accused of academic misconduct, and if his or her final grade has been lowered as a result, the student may appeal the case through the appropriate institutional procedures.

Reasonable Accommodation for Students with Disabilities

If you have a disability that may require assistance or accommodation, or if you have a question related to any accommodations for testing, note takers, readers, etc., please contact me as soon as possible. Students may also contact the Office of Disabled Student Services (898-2783) with questions about such services.

Disclaimer of Legal Advice

This course and its associated web site, readings, exercises, notes, etc., are designed to provide classroom instruction. However, the materials related to the course were not necessarily prepared by persons licensed to practice law in a particular jurisdiction. Those persons connected with the preparation of this web site and delivery of course content are not engaged in the practice of law or in rendering legal or other professional advice, and this course and web site are not substitutes for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

Copyright Notice

This course outline provides links to copyrighted material which is provided for classroom use only. Access to these readings does not give you permission to reproduce or transmit this material in any form, by any means (electronic, photocopying, recording, or otherwise) without the prior written permission of the copyright holder. I suggest you review the copyright restrictions for each site you visit.

Notice to Lottery Scholarship Recipients

You also need to be aware that if you repeat a course, both are counted towards your lottery scholarship GPA. Suppose, for example, you receive an "F" in a course but then repeat the course and receive an "A" grade. Your MTSU GPA is now 4.0. But your lottery scholarship GPA is only 2.0, not high enough to keep the scholarship.

Finally, please be aware that these rules and procedures have been established by the Tennessee Legislature, not by the Board of Regents, MTSU, your college or department.

For more information see these web sites: Tennessee Scholar Dollars and the Tennessee Student Assistance Corporation.

Expectation of Privacy

This course site does not request or collect any information, identifiable or otherwise, from you. Some external sites linked to this page do ask for personal information such as name and address, and may require registration (always free). If you find a site is requesting personal information, and you are concerned about this request, please contact me immediately.

This site contains links to many government agencies and other public sector resources. Once you link to another site, you are subject to the privacy policy of the new site. I suggest you carefully review the privacy policies of each site you visit.

The Family Educational Rights and Privacy Act (FERPA)

Before We Begin

This site requires registration (free).

Here are some sites that may prove useful, fun, etc., as we go through the course.

• Legal Search Engines
• U.S. Supreme Court Center
• U.S. Supreme Court Multimedia
  
• The UCLA Online Institute for Cyberspace Law and Policy
  
• The Law Guru
  
• The Freedom Forum First Amendment Center
  
• Blue Ribbon Campaign
  
• Yahoo Search Site
  
• Legal Resources in Yahoo
  
• FedWorld, Gateway to government information, agencies, etc.
  
• FindLaw, InterNet Legal Resources
  
• Cornell University Law School Legal Information Institute
  
• Would the Real First Amendment Please Stand Up
  
• Lawyer Jokes

COURSE OUTLINE AND READINGS

I
INTRODUCTION TO THE LAW - The Judicial Process

A review of the American legal system, the law, and federal and state judicial systems.

Glossary of Legal Terms
District Courts
Courts of Appeals
Supreme Court of the United States
Map of Federal Courts

II
FREEDOM OF THE PRESS

The beginnings of freedom of expression in America, the Alien and Sedition Acts, Abolition Period, Civil War, World War I, the Gitlow decision and other court fights, modern sedition laws, Libertarian theory, recent restraint cases, and new challenges to press freedom.

Cases:

Schenck v. United States, 249 U.S. 47 (1919)
Gitlow v. New York, 268 U.S. 652 (1925)
Whitney v. California, 274 U.S. 357 (1927)
Smith Act, 18 U.S.C. § 2385 (2000).
Dennis v. United States, 341 US 494 (1951)
Brandenburg v. Ohio, 395 U.S. 444 (1969)

Near v. Minnesota, 283 U.S. 697 (1931)
Organization for a Better Austin v. Keefe, 402 U.S. 415 (1971)
New York Times v. United States, 403 U.S. 713 (1971)
United States v. Progressive, 467 F. Supp. 990 (W.D. Wis., 1979)

Cases:

Kovacs v. Cooper, 336 U.S. 77 (1949)
United States v. O’Brien, 391 U.S. 367 (1968)
Southeastern Promotions v. Conrad, 420 U.S. 546 (1975)
Texas v. Johnson, 491 U.S. 397 (1989)
Barnes v. Glenn Theatre, 491 U.S. 397 (1991)
Krishna Consciousness v. Lee, 505 U.S. 672 (1992); Lee v. Krishna Consciousness, 505 U.S. 672 (1992)
Capitol Square Review and Advisory Bd. v. Pinette 515 U.S. 753 (1995)

We Are Coming: Nazis, Skokie and the First Amendment

Tinker v. Des Moines School District, 393 U.S. 503 (1969)
Island Trees School District v. Pico, 457 U.S. 853 (1982)
Bethel School District v. Fraser, 478 US 675 (1986)
Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988)
Westside Community Schools v. Mergens, 496 U.S. 226 (1990)

Libel and libel defenses, including right of reply, malice, post publication defenses.

Cases:

New York Times v. Sullivan, 376 U.S. 254 (1964)
Curtis Publishing v. Butts and Associated Press v. Walker, 388 U.S. 130 (1967)
Rosenbloom v. Metromedia, 403 U.S. 29 (1971)
Gertz v. Welch, 418 U.S. 323 (1974)
Time v. Firestone, 424 U.S. 448 (1976)
Herbert v. Lando, 441 U.S. 153 (1976)

Constitutional aspects of privacy. Appropriation, Intrusion, Publication of Private Facts, False Light. Also: Intentional Infliction of Mental Injury.

"You mean I have to get permission from everyone in the stadium if I take a photo for commmercial use?" No, so long as everyone has given "implied permission." Here's a pix illustrating how this works.

Cases:

Time v. Hill, 385 U.S. 374 (1967)
The Lone Ranger
Columbia Broadcasting System v. DeCosta, 377 F.2d 315 (1st Cir., 1967)
Zacchini v. Scripps-Howard, 433 U.S. 562 (1977)
Carson v. Here's Johnny Portable Toilets, 698 F.2d 831 (6th Cir CA, 1983)
Who Owns Einstein?

The basis for regulation, Radio Act of l927, Communications Act of 1934, growth of FCC powers and subsequent lessening of those powers, equal opportunity provisions, fairness doctrine, and deregulation.

Laws:

47 USC 303(m)(1)(D) Powers and Duties of Commission
47 USC 312(a)(7) Administrative Sanctions
47 USC 315 Candidates for Public Office
47 USC 326 Censorship
47 USC 544(d)(1) and (d)(2) Regulation of Services, Facilities, and Equipment
47 USC 558 Criminal and Civil Liability
47 USC 559 Obscene Programming

Note, although sections of the U.S. Code are available in numerous places, one of the easiest to use is the U.S. Code Collection at the Cornell Law School Legal Information Institute. The main page provides links to the code itself. Once you reach a particular section a "notes" link on the right side of the page provides access to legislative history, annotations, etc.

Freedom of information, access to government information, sunshine Laws

Laws:

5 USC 552 Federal Freedom of Information Act
TCA 8-44-101 and TCA 8-44-102. Tennessee Open Meeting Laws
TCA 10-7-503. Tennessee Open Records Laws

For those of you who want to delve a bit more into the Tennessee Open Records Law, TCA 10-7-504 provides an outline of the many exemptions to TCA 10-7-503. See, in particular, the section titled "Notes: Cross-References."

Cases and Laws:

United States v. Marchetti, 466 F.2d 1309 (4th Cir. 1972)
Phillippi v. CIA, 178 US App. D.C. 243 (1976)
Morland v. Sprecher, 443 US 709 (1979)
Snepp v. United States, 444 US 507 (1980)
United States v. Morison, 604 F. Supp. 655 (D.C.Md. 1985)
Nation Magazine v. Department of Defense, 762 F. Supp. 1558 (S.D.N.Y 1991)
Flynt v. Rumsfeld, 355 F.3d 697 (C.A.D.C. 2004)
Doe v. Gonzales, 500 F. Supp. 2d 379 (S.D.N.Y. 2007)

18 USCA 2709(c) - Counterintelligence Access to Telephone Toll and Transactional Records - Prohibition of Certain Disclosure

Developing issues of how the law applies to the Internet

CDA	Communications Decency Act	Reno v. American Civil Liberties Union, 521 US 844 (1997)
COPPA	Children’s On-Line Privacy Protection Act of 1998	15 USC §§ 6501-6506 (2005)
COPA	Children's On-Line Protection Act	American Civil Liberties Union v. Reno (Reno III), 217 F.3d 162 (3d Cir. 2000)
CPPA	Child Pornography Protection Act	Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)
CIPA	Children’s Internet Protection Act	United States v. American Library Association, 539 U.S. 194 (2003)

Censorship, the early years, Comstockery, the Roth standard and indecision since l957; the Miller case and local standards; motion picture, postal, customs and broadcast censorship. The "Meese Report."

Cases

Reg. v. Hicklin, L. R. 3 Q.B. 360 (1868)
Roth v. United States, 354 U.S. 476 (1957)
A Book Named "John Cleland's Memoirs of A Woman of Pleasure" v. Attorney General of Massachusetts (Memoirs v. Massachusetts), 383 U.S. 413 (1966)
Ginzburg v. United States, 383 U.S. 463 (1966)
Miller v. California, 413 U.S. 15 (1973)
Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)

Protecting literary property. Fair Use.

Cases:

Baker v. Selden, 517 U.S. 484 (1879)
International News Service v. Associated Press, 248 U.S. 215 (1918)
Fortnightly v. United Artists, 392 U.S. 390 (1968)
Teleprompter v. CBS, 415 U.S. 394 (1974)
Sony v. Universal City, 464 U.S. 417 (1984)
Mills Music v. Snyder, 469 U.S. 153 (1985)
Basic Books v. Kinkos, 758 F. Supp. 1522 (S.D.N.Y 1991)
Campbell v. Acuff-Rose, 510 U.S. 569 (1994)

Articles

• Copyright
  
• Anonymous. "How to Get Legal Protection For Creative Works Done by or for Your Corporation," Small Corporation Update, April 1996, at 11.
  
• Hill, Rebecca J. Pirates of the 21st Century: The Threat and Promise of Digital Audio Technology on the Internet, 16 Santa Clara Computer and High Tech. L. J. 311 (2000)
  
• Basic Facts About Registering A Trademark
• Einstein Inc.: In Death He Mastered the Science of Making Money
• In Pictures: Top-Earning Dead Celebrities

Development of advertising regulation; the right to refuse service, constitutional protection for advertising, current deregulation trends and the Federal Trade Commission.

Cases:

Valentine v. Christensen, 316 U.S. 52(1942)
Bigelow v. Virginia, 421 U.S. 809 (1975)
Virginia State Board of Pharmacy v. Citizens Consumer Council, 425 U.S. 748 (1976)
Warner Lambert v. Federal Trade Commission, 562 F.2d 749 (D.C. Cir. 1977)
First National Bank v. Bellotti, 435 U.S. 765 (1978)
44 Liquormart v. Rhode Island, 517 U.S. 484 (1996)

The Pepsi Jet Commercial (just for fun)
The lawsuit
Pentagon: Pepsi ad 'not the real thing'

The problem: how important is it? Proposed solutions, including contempt, trial level remedies, press-bar codes, gag orders, courtroom closings, sealing of records. Access to judicial proceedings.

Cases and Laws:

Sheppard v. Maxwell, 384 U.S. 333 (1966)
Nebraska Press Association v. Stuart, 427 U.S. 539 (1976)
Richmond Newspapers v. Virginia, 448 U.S. 555 (1980)
Chandler v. Florida, 449 U.S. 560 (1981)

TCA 24-1-208. Persons Gathering Information for Publication or Broadcast - Disclosure

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