MEDIA LAW AND ETHICS
J360 (Unique No. 07630)
Fall 2009
Class: M-W-F 8:00-9:00 a.m., CMA 2.320
Lecturer: David H. Donaldson, Jr.
Office: By arrangement (no official University office)
Office Hours: By appointment
Phone: 512-626-8189
Email: dhdonald@mindspring.com
Teaching Assistants:
Sung Woo Yoo
Email: anticia59@hotmail.com
Phone: 512-300-6578
Kanghui Baek
Email: khbaek@mail.utexas.edu
Phone: 512-744-5354.
Office location and hours: Their office is UA9 2.106. Office hours are Monday 1-3pm.
COURSE DESCRIPTION:
Media Law and Ethics is designed to (1) introduce students to First Amendment doctrines and issues concerning freedom of expression, (2) explain applications of the law to the work of journalists, and (3) engage students in a conversation about the ethical and political issues facing the news media.
TEXTBOOKS:
Zelezny, John D., Communications Law, 5th ed. (Belmont, CA: Wadsworth, 2007).
Weston, Anthony, A Practical Companion to Ethics, 3rd ed. (New York: Oxford University Press, 2006).
ATTENDANCE:
Regular attendance at all class meetings is expected. No attendance records will be kept. However, the tests and writing assignments in the course will be based in large part on lectures and discussions. It will be difficult to earn a respectable grade without coming to class on a regular basis.
TARDINESS: We all have to get up in the morning to be here, so don’t be late, you will likely miss something important. If you are more than 10 minutes late, don’t bother—get the notes from someone else—we don’t need the interruption.
NO CELLPHONE, BLACKBERRY, ETC. USE OR TEXTING DURING CLASS—TURN THEM OFF!
You may have your computer open for note-taking, but please disable any texting, IM, or other messaging capability. This material can be difficult—I need your full attention.
GRADES:
Your final grade will be based on:
1. Four tests, 15 points each.
2. Four take-home questions, 10 points each.
GRADING SCALE:
As = 90-100 points (A- is 90-92, A is 93-100)
Bs = 80-89 points (B- is 80-82, B is 83-86, B+ is 87-89)
Cs = 70-79 points (C- is 70-72, C is 73-76, C+ is 77-79)
Ds = 60-69 points (D- is 60-62, D is 63-66, D+ is 67-69)
F = 59 points or less.
TESTS:
There will be five tests during the semester, four tests and a final. We count your four best grades. This means you may take all five tests and drop your lowest grade, or miss one test without penalty.
Each of the first four tests will cover material from the lectures and readings for that segment of the course. The fifth test, during the final exam period, will be comprehensive.
Because you can skip one of the tests, no make-up tests will be given, unless the absence is for an official UT function. That means if you blow off the first test and then are legitimately sick for the final, you’re out of luck. Common sense suggests you should take all the tests. If special circumstances arise, see me as soon as possible.
TAKE-HOME QUESTIONS:
On the Wednesdays marked on the schedule I will give you a question based on the material covered in recent lectures, discussions, and readings. You will write a one-page answer to be turned in the following Wednesday.
Your answers must be typewritten and double-spaced on a single page (200-300 words). Don’t write more than that; we will not read beyond the first page. Use 1-inch margins and 11- or 12-point type. Put your name and the assignment number at the top of the page. Do not use a title page. Do not use plastic binders. Do not use colored paper. Do not use exotic fonts.
No extra research beyond the textbook and the information provided in class is necessary to write these assignments. Do not use footnotes. Mention court cases if they are relevant, but you need not provide formal citations for cases.
Answer the question in your own words. In formulating your answer, you may talk with others. But the final answer and writing must be your own. Plagiarism -- of published material or another student’s work -- will be punished in accordance with university regulations and the 8th Amendment to the U.S. Constitution. For more on academic integrity and plagiarism, see http://deanofstudents.utexas.edu/sjs/acint_student.php
Your assignments will be graded on form and content. See the last page of the syllabus for details on the grading system.
Five questions will be distributed during the semester. Your grade will be based on the best four assignments you turn in. You may complete all five assignments and use the four best grades, or you may complete only four and use those grades. No late work will be accepted. If special circumstances arise, talk to me as soon as possible.
Keep copies of all assignments you turn in and keep your graded assignments until the end of the semester. A lot of paper changes hands in a class this large, and sometimes papers get lost. If there are discrepancies between our records and yours, you need to have your papers to help us resolve the problem.
If you don’t think your grade on an assignment is fair, you can ask for an explanation. The first step is to talk with the TA within one week after the assignments are returned. If you want a formal re-evaluation of your grade, write a short (one paragraph to one page) explanation of why you think a higher grade is warranted. Be specific. If you can’t work it out with the TA, ask the professor to resolve the dispute. If you wait longer than a week, we will not review your paper. Papers cannot be rewritten for a higher grade.
STUDY TIPS:
Most students find this course to be interesting and valuable. At the same time, law can be a formidable subject. Success in this course will require considerable thought on your part, and memorization alone will be insufficient to meet the course objectives. Here are some suggestions:
-Study your assigned readings prior to the class session at which they will be discussed. Make margin notations as you read, and be prepared to participate in class discussion.
-Take thorough notes in class. If you must miss a class, make sure you obtain the notes from a friend. Outline your notes and reading material prior to exams.
-Bring your textbook to each class session; we will refer to it often.
-Review the hypothetical at the beginning of each chapter, the hypotheticals will help you understand the practical context of some of the issues we will consider.
University of Texas Honor Code:
The core values of The University of Texas at Austin are learning, discovery, freedom, leadership, individual opportunity, and responsibility. Each member of the university is expected to uphold these values through integrity, honesty, trust, fairness, and respect toward peers and community.
Note for Students with Disabilities:
The University of Texas at Austin provides upon request appropriate academic accommodations for qualified students with disabilities. For more information, contact the Office of the Dean of Students at 471-6259, 471-4641 TTY.
Religious holy days:
I don’t think any of our tests fall on any religious holy days, and the written assignments allow a week to get them done, so this shouldn’t apply. By UT Austin policy, you must notify me of your pending absence at least fourteen days prior to the date of observance of a religious holy day. If you must miss an examination or a work assignment (although I can’t imagine you will) to observe a religious holy day, I will give you an opportunity to complete the missed work within a reasonable time after the absence.
Absence for military service:
In accordance with section 51.9111 of the Texas Education Code, a student will be excused from attending classes or engaging in other required activities, including exams, if he or she is called to active military service of a reasonably brief duration. See me if this applies to you, and thank you for being one of those who protects the freedoms we discuss in this class.
Use of E-Mail for Official Correspondence:
Email is recognized as an official mode of university correspondence; therefore, you are responsible for reading your email for university and course-related information and announcements. You are responsible to keep the university informed about changes to your e-mail address. You should check your e-mail regularly and frequently—I recommend daily, but at minimum twice a week—to stay current with university-related communications, some of which may be time-critical. You can find UT Austin’s policies and instructions for updating your e-mail address at http://www.utexas.edu/its/policies/emailnotify.php.
SCHEDULE
J360/Fall 2009
WEEK 1: August 26 and 28
topic: introduction
WEEK 2: August 31, September 2, and September 4
distribute assignment #1 on Wednesday September 2
topic: U.S. legal system
reading: Chapter 1
WEEK 3: September 9 and September 11 (Labor Day is September 7—no class
*assignment #1 due on Wednesday, September 9
topic: free speech & First Amendment
reading: Chapter 2
WEEK 4: September 14, 16, 18
topic: prior restraint
reading: Chapter 3
*test #1 on Friday, September 18
WEEK 5: September 21, 23, and 25
distribute assignment #2 on Wednesday September 23
topic: libel; fairness and accuracy
reading: Chapter 4, New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (Insert this address into your web browser to call up the case: caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=376&invol=254 or just do a web search for New York Times v. Sullivan)
WEEK 6: September 28, September 30, and October 2
*assignment #2 due on Wednesday, September 30
topic: libel; fairness and accuracy -- both old and new media
reading: Chapter 4
WEEK 7: October 5, 7, and 9
distribute assignment #3 on Wednesday October 7
topic: more libel/fairness; privacy and the press
reading: Chapter 4, cont., and 5
WEEK 8: October 12, 14, 16
*assignment #3 due on Wednesday, October 14
topic: more privacy
reading: Chapter 5, cont.
*test #2 on Wednesday October 14
WEEK 9: October 19, 21, and 23
distribute assignment #4 on Wednesday, October 21
topic: access to information; free press/fair trial
reading: Chapters 6 and 7
WEEK 10: October 26, 28, and 30
*assignment #4 due on Wednesday, October 28
topic: more free press/fair trial; journalists’ privilege/confidential sources
reading: Chapter 7, cont.
WEEK 11: November 2, 4, 6
topic: ethics
reading: Weston
*test #3 on Friday November 6
WEEK 12: November 9, 11, and 13
distribute assignment #5 on Wednesday November 11
topic: copyright
reading: Chapter 8
WEEK 13: November 16, 18 and 20
*assignment #5 due on Wednesday, November 18
topic: corporations and corporate speech; labor; advertising
reading: Chapter 12
WEEK 14: November 23, 25 (Thanksgiving holiday on the 26th-27th)
topic: broadcasting and cable regulation; cyberspace and government regulation
reading: Chapters 9 and 10
*test #4 on Monday November 23
WEEK 15: November 30, December 2, and 4
topic: broadcasting and cable regulation and cyberspace continued;
obscenity/pornography
reading: Chapter 11
FINAL EXAM (test #5): Thursday, December 10, 9:00–12:00 noon
Useful web sites
Texas Open Meetings Act
http://www.oag.state.tx.us/opinopen/om_easy.shtml
Texas Public Information Act
http://www.oag.state.tx.us/opinopen/or_easy.shtml
Reporters Committee for Freedom of the Press
National Security Archive
Freedom of Information Center
http://www.missouri.edu/~foiwww/
Society of Professional Journalists
Committee to Protect Journalists
Reporters Without Borders
World Press Review
Student Press Law Center
FindLaw
Legal Information Institute
Oyez Project (U.S. Supreme Court news and links)
http://www.oyez.org/oyez/frontpage
Ethics codes online
Society of Professional Journalists
http://spj.org/ethics.asp
Associated Press Managing Editors
http://www.apme.com/ethics/
American Society of Newspaper Editors
http://www.asne.org/kiosk/archive/principl.htm
Radio-Television News Directors Association
http://www.rtnda.org/ethics/coe.shtml
National Press Photographers Association
http://www.asne.org/ideas/codes/nppa.htm
Public Relations Society of America
http://prsa.org/_About/ethics/
SOME ADVICE ON WRITING J360 TAKE-HOME ASSIGNMENTS
1. ANSWER THE QUESTIONS YOU ARE ASKED. This seems obvious enough, but in past semesters this is where students have lost the most points. Don’t begin writing until you are sure you understand what you are being asked to write about. If you are unclear about the intent of the question, ask the professor.
2. DON’T ANSWER QUESTIONS THAT AREN'T ASKED. Students sometimes can ramble on about things that aren’t directly related to the question. Don’t pad your answer with unrelated information.
3. DON’T TURN IN MORE THAN ONE PAGE. If you think you need more space to answer the question, you probably don’t understand the question. Read #1 and #2 again.
4. DON’T ASSUME THE TA KNOWS WHAT YOU ARE TALKING ABOUT. Explain things clearly in your answer. Otherwise, we’ll assume you don't know what you are talking about. The assignments are designed to allow you to demonstrate what you understand about a particular aspect of communication law. So, demonstrate it.
5. DON’T TURN IN LESS THAN A FULL PAGE. If you think you have answered the question in a half page, you probably have not fully explained yourself. Read #4 again.
6. WRITE IN COMPLETE SENTENCES. Don't just list elements of your answer or jot down sentence fragments. Quality of writing counts.
7. REMEMBER THE RULES. Use a standard type size (11- or 12-point) and style. Double-space your answer. Use normal margins (1 inch). Don’t squeeze more on one page by using tiny type or eliminating the margins.
8. DON’T BLOW OFF THE FIRST ASSIGNMENT. You need only four, but if you skip the first one you won’t have any wiggle room at the end of the semester. If you don’t write the first one and are sick one week at the end of the semester, don’t expect a break.
Here’s how your grade will be calculated:
THE “RIGHT” ANSWER 2 points
did you provide a credible answer to the question asked?
EVIDENCE 2 points
did you support your answer with evidence from the readings and lectures?
ANALYSIS 3 points
did you explain your answer in a way that made it clear how you explained/decided the case?
EXPRESSION 2 points
did you write coherently following the widely accepted rules of English?
MECHANICAL RULES 1 point
did you follow the instructions?