JOURNALISM/LAW OF MASS COMMUNICATION

INSTRUCTOR: Diana Huffman

COURSE: Journalism 700/Law of Mass Communication

Tuesday/Thursday 2 p.m. – 3:15 p.m.

Room 1105 Journalism Building

OFFICE HOURS: Room 4116 Journalism Building

Thursday: 3:15 p.m. – 4:00 p.m. (check weekly for changes)

OR BY APPOINTMENT

PHONE: Tu/W/Th (301) 405-6366

M/W/F and Evenings/Weekends (301) 229-8089

E-MAIL: Dhuffman@jmail.umd.edu (work)

DidiHuff@aol (home)

COURSE DESCRIPTION: This course is designed to give you a solid grounding in the legal principles governing mass news media that are most significant for working journalists. It is not a law course, but rather is intended to help you as a journalist understand the rules that lawyers, the courts and others apply to various news media. We will focus on constitutional, statutory and regulatory principles as they apply to all forms of media: print, broadcast, cable, and the Internet. The course will cover libel, privacy, the Freedom of Information Act, protecting news sources, access to courts and limits on gathering information. Through written assignments, oral presentations and essay exams, students will learn to apply court decisions, statutes and administrative rules to real and hypothetical journalistic situations.

REQUIRED TEXT:

LAW OF PUBLIC COMMUNICATIONS, MIDDLETON 2007 edition

PUBLICATIONS FROM REPORTERS COMMITTEE FOR FREEDOM

OF THE PRESS:

You can download or print these directly from www.RCFP.org

1. First Amendment Handbook

2. The Privacy Paradox

3. Access to Places

4. Confidential Sources

ONLINE READINGS ASSIGNED BY PROFESSOR

CLASS PROCEDURE:

Reading assignments must be completed before class. At the beginning of class, we will review briefly the principles explained in the assigned reading and then apply them to hypothetical situations. Class discussions will draw from the text and current events that involve the law of mass communication. I encourage and expect student discussion.

GRADED ASSIGNMENTS AND TESTS:

1. OP-ED ON FIRST AMENDMENT: 10 POINTS

3. WRITTEN LIBEL OPINION: 20 POINTS

4. PAPER ON PRIVACY: 20 POINTS

5. ESSAY EXAM ON NEWSGATHERING/FOIA: 40 POINTS

6. MOCK TRIALS ON PROTECTING SOURCES AND FAIR TRIAL/FREE PRESS: GROUP PRESENTATION 20 POINTS

7. FOIA REQUEST: 10 POINTS

8. FINAL TAKE-HOME EXAM: 100 POINTS

TOTAL 220 POINTS

GRADING POINTS

MAXIMUM POINTS: 220 POINTS

EXTRA CREDIT POINTS FOR CLASS PARTICIPTION

FINAL GRADE:

A+ 213-220 POINTS C+ 169-175 POINTS

A 206-212 POINTS C 162-168 POINTS

A - 198-205 POINTS C- 154-161 POINTS

B+ 191-197 POINTS D+ 147-153 POINTS

B 184-190 POINTS D 140-146 POINTS

B- 176-183 POINTS D- 132-139 POINTS

F Below 132

ATTENDANCE: I do not take attendance. Graded assignments must be picked up individually in class on the day scheduled. Completed assignments must be handed in at or prior to the specified time on the specified date listed in the syllabus. In the event of an emergency that prevents your attendance on a day an assignment is distributed or is due you are required to notify me prior to class time. If I excuse your absence in advance, alternative arrangements for picking up or turning in an assignment will be made. IF YOU DO NOT NOTIFY ME IN ADVANCE YOU WILL RECEIVE A 0 FOR THE ASSIGNMENT.

ACADEMIC INTEGRITY: Students have a responsibility to behave honorably in an academic environment. You must do all the work for this class yourself. ALTHOUGH ALL GRADED ASSIGNMENTS ARE TAKE-HOME, COLLABORATION WITH CLASSMATES OR OTHERS IS NOT ALLOWED UNLESS EXPLICITLY PERMITTED BY PROFESSOR. Academic dishonesty, including cheating, fabrication, plagiarism and facilitating academic dishonesty by another student, will not be tolerated and will be reported to the Dean’s office.

The following is the from the University Honor Council:

"The University of Maryland, College Park has a nationally recognized Code of Academic Integrity, administered by the Student Honor Council. This Code sets standards for academic integrity at Maryland for all undergraduate and graduate students. As a student you are responsible for upholding these standards for this course. It is very important for you to be aware of the consequences of cheating, fabrication, facilitation, and plagiarism. For more information on the Code of Academic Integrity or the Student Honor Council, please visit
http://www.studenthonorcouncil.umd.edu/whatis.html."

STUDENTS WITH DISABILITIES

Students with a specific disability (permanent or temporary, physical or learning) needing special accommodation during the semester should make an appointment to see me regarding accommodations.

CLASS SCHEDULE (Subject to change)

TH 8/31

Introduction of Course

Distribution of Syllabus

U.S. Legal System: What Journalists Need to Know

TU 9/5 Reading: Chapter 2

U.S Legal System: What Journalists Need to Know

First Amendment: Who and what type of expression is protected

Prior restraint

TH 97 Reading: Chapter 3

Prior Restraint

First Amendment: Military and Wartime considerations

OP-ED ON FIRST AMENDMENT ASSIGNED/DUE TUESDAY, 9/12

TU 9/12 OP-ED DUE

Reading: Chapter 4, pgs. 95-118

Libel: Plaintiff’s Burden: Publication, Identification, Defamation, Falsity

TH 9/14 Reading: Chapter 4, pgs. 119-151

Libel: Plaintiff’s Burden of Proof Falsity and Fault

TU 9/19 Reading: Chapter 4, pgs. 151-179

Libel: Defenses and Damages

DISTRIBUTE LIBEL REVIEW HYPOTHERICALS

TH 9/21 Libel Review

LIBEL OPINION ASSIGNED/DUE THURSDAY, 9/28

TU 9/26 Reading: Privacy Paradox – www.RCFP.org

Chapter 5, pgs. 181-192, 214-225

Privacy: Appropriation, Private Facts

TH 9/28 LIBEL OPINION DUE

Reading: Chapter 5, 207-214, 192-206

Privacy: False Light, Intrusion, Trespass,

TU 10/3 PRIVACY PAPER ASSIGNED, DUE TUESDAY, 10/10

Hidden Cameras/Hidden Audio

DISTRIBUTE PRIVACY REVIEW HYPOTHETICALS

TH 10/5 Privacy Review

TU 10/10 PRIVACY PAPER DUE

Reading: ACLU handout and Chapter 12, pgs. 536-566

Freedom of Information Act

FOIA REQUEST ASSIGNED/UPDATE DUE TUESDAY, 11/21

TH 10/12 GUEST LECTURER (SUBJECT TO CHANGE)

TU 10/17 Reading: Access to Places – www.RCFP.org

Reading: Chapter 12, pgs. 526-536

News Gathering: Constitutional Protection, Access to Events

TH 10/19 Reading: Chapter 12, pgs. 559-573

News Gathering: Access to Meetings, Laws restricting access to Info

DISTRIBUTE FOIA AND NEWS GATHERING REVIEW

HYPOTHETICALS

TU 10/24 Review FOIA and News Gathering

TAKE-HOME EXAM DISTRIBUTED/ DUE TUESDAY, 10/31

Begin Protecting Sources

TH 10/26 Reading “Confidential Sources and Information” RCFP pamphlet

Reading: Chapter 11, pgs 493-508

Protecting Sources: Common Law, First Amendment

TU 10/31 TAKE-HOME EXAM DUE

Reading: Chapter 11, pgs. 508-524

Protecting Sources: Legislative and Executive Protections

State Shield Laws, Special Federal Laws. Contempt Power

TH 11/2 Reading: Chapter 10, pgs. 435-450

Media and the Judiciary: Jury Bias, Prejudicial Publicity

TU 11/7 Reading: Chapter 10, pgs. 450-492

Media and the Judiciary: Closed Judicial Proceedings/Documents

DISTRIBUTE SOURCES REVIEW HYPOTHETICLS

TH 11/9 DISCUSS TAKE-HOME EXAM

Sources Review

DISTRIBUTE MEDIA AND JUDICIARY REVIEW

HYPOTHETICALS

GROUPS FOR MOCK TRIAL PROJECT ASSIGNED TO SET MEETING DATES

TU 11/14 MEDIA AND JUDICIARY REVIEW

ASSIGN MOCK TRIAL

OUTSIDE CLASS GROUP MEETINGS FOR MOCK TRIALS,

WED. NOV. 15 – TU. NOV. 21

TUESDAY NOV. 28,WEDNESDAY, NOV. 29

TH 11/16 Movie : “Absence of Malice”

TU 11/21 FOIA REQUEST UPDATE DUE

Movie: “Absence of Malice”

TH 11/23 NO CLASS - THANKSGIVING

TU 11/28 REVIEW (Jeopardy)

TH 11/30 MOCK TRIALS

TU 12/5 MOCK TRIALS

TH 12/7 MOCK TRIALS

TU 12/12 Final Review

TAKE-HOME FINAL EXAM DISTRIBUTED

FINAL EXAM DUE MONDAY, DEC. 18, 10:30 A.M.

IN UNDERGRADUATE JOURNALISM OFFICE