J385/ Communication Law Home Page

J385 Communication Law--Winter 2006

Allen 221

Tuesday/Thursday: Noon - 1:20

Professor: Tim Gleason

  • Office: 135 Allen Hall
    Phone: 346-3739
    E-mail address: tgleason@uoregon.edu

    Office Hours: Tuesday & Thursday: 1:30 p.m. - 3:00 p.m.

My goal is to be as available as possible. If you are unable to see me during posted office hours, please make an appointment with Sheila Schroder, my executive assistant, in Allen 135.

GTFs:

Anne Conaway

Jessica Cole-Hodgkinson

Charlotte Nisser

Required Text: Middleton & Lee, The Law of Public Communication, 2006 Update Edition.

Course Policies and Expectations

We will be using the J385 Communication Law website and Blackboard this term. Blackboard will be the gateway to the course. You should plan to check it regularly.

The website URL is http://jcomm.uoregon.edu/~tgleason/j385/default.htm

We meet Tuesday and Thursday for lecture and discussion. Questions and discussion are encouraged. The lectures are designed to highlight, explain and update material in the text and to introduce and explain Oregon mass media law. We will discuss current case law and legislative activity in lecture. Do not expect the lectures to simply repeat the material in the textbook. While attendance is not required after the first week, you are expected to be in class.

You are expected to read assigned material before coming to class. Attendance is essential, but merely showing up for class is not enough. I assume a certain level of knowledge. If you have not read the material, you will not be able to follow the lectures or participate in discussion.

We will make extensive use of the internet and the class web site. As a result, we can spend less time in class simply delivering information and more time exploring the complexity of the issues in communication law.

You are responsible for all the assigned readings, for all material presented in class, and for material on the website. If possible, I will be providing podcasts via Blackboard that will supplement class lecture and discussion. Guest lectures will be scheduled and you should expect several lectures presented by the Graduate Teaching Fellows. You can expect to be tested on all material related to the course.

The discussion paper and the final term paper are integral parts of the class. You are expected to devote significant time to the research and writing of these assignments.

I encourage vigorous discussion and diversity of opinion. A health and open marketplace of ideas requires all of us to contribute to the class discussion and to respect the ideas and opinions of others, especially when we disagree. Discrimination of any kind, disrespect for others, and inequity in educational opportunity are not acceptable. I expect you to help maintain the School of Journalism and Communication’s high standards of ethical and compassionate conduct at all times.


The School of Journalism and Communication is committed to assisting students with disabilities. If you have a documented disability and anticipate needing accommodation, let me know. I encourage you to ask for assistance at any time.

COURSE OBJECTIVES: Freedom of the press is a central component of American democracy. It is also one of the unifying principles of mass media. Regardless of field, all mass media professionals are affected by legal definitions of freedom of the press and are responsible for working within the boundaries of free press protections. As consumers of information and participants in public discourse, all of us are influenced by media-created messages and by our ability to use media.

Yet most of us have little understanding of the law or the way in which it is created. This course will give you an understanding of the American legal system and the legal definition of freedom of the press. We will achieve this goal by examining courts' interpretation of freedom of the press in various areas of mass media law and by looking at legislative and administrative regulation of mass media.

We will address the question of freedom of the press on two levels: (1) What are the legal limits on expression and how does a practitioner avoid legal problems? (2) Why have courts, legislatures and administrative agencies established the existing limits? At the end of the quarter you will not be communication lawyers, but you will have a better understanding (and I hope greater appreciation) of freedom of the press.

If we all do our work this term, you will leave J385 with at least the following:

  • A clear understanding of the legal protections for expression in the United States.
  • Specific knowledge about the legal standards applied to expression in areas such as libel, privacy, commercial speech and broadcasting.
  • The ability to apply that knowledge to specific cases and facts.
  • The ability to read, understand and analyze judicial and administrative opinions.
  • The ability to construct and evaluate legal arguments concerning free expression issues.

 

 

REQUIREMENTS
Two Midterms 120 points
Final 160 points
Term Paper 100 points
One Discussion Paper 50 points
Paper Proposal 20 points
Total 450 points

GRADING POLICY

  • To receive full credit all assignments and exams must be received at the beginning of class on the due date. Any assignment received after the beginning of class will be assessed a one-day late penalty.A late penalty of 10 points per day to a maximum of 30 percent of the assignment's or exam's point value will be assessed on all late material. The final deadline for all work excluding the final exam is the Friday of Dead Week. If nothing is received before the final deadline, you will lose the full point value of the assignment or exam.
  • In the case of an extraordinary event (e.g. a death in your immediate family or a serious illness), an extension may be granted, if we have discussed the situation before the assignment deadline. In an instance where it is impossible to talk to me before the deadline, evidence that you attempted to reach me (e.g. a voice- or e-mail dated before the deadline) may create a basis for discussion after the fact.
  • We strongly encourage informal discussion of the class material outside of class. All of the exams will be take home exams and you are encouraged to discuss the questions among yourselves before writing your exam answers. Of course, we expect you to write your answers without assistance of any kind from fellow students or others.
  • The short discussion paper and the final paper also are opportunities for informal discussion and collaborative efforts in the conceptualizing and researching phases of the writing process. Again, we expect the paper you turn in to be your work, which means that the paper must contain only your analysis and interpretation written in your words. All source material must include proper attribution. This applies not only to quotes, but also to ideas and concepts.
  • Should it be determined that that you copied, plagiarized or engaged in any other form of academic dishonesty, you will receive a grade of "F" or "N" for the course and may face sanctions up to and including expulsion. Please read the Student Academic Integrity page!
  • Should you engage in disruptive behavior in the classroom, you will be asked to leave the class. You will not be allowed to return until we have discussed the behavior and I am satisfied that it will not happen again. A first instance of disruptive behavior will carry a 20-point penalty. A second occurance will carry a 100-point penalty. Please read the UO Student Conduct Code page!

  • GRADE = POINT VALUE

    • A = 396-450
    • A- = 381-395 (84%)
    • B+ = 366-380
    • B = 346-365
    • B- = 331-345 (73%)
    • C+ = 321-330
    • C = 281-320
    • C- = 271-280 (60%)
    • D+ = 261-270
    • D = 241-260
    • D- = 221-240 (49%)
    • F = 0-220

    COURSE SCHEDULE

    This is a starting point. As we progress through the term, specific dates may change and I may add readings, speakers, etc. in addition to those indicated on the current schedule. You will get reasonable notice for all changes, including changes in due dates for exams and assignments.
    We will make every effort to make sure that the website, the blackboard site and all printed materials are consistent. If you notice an inconsistency please bring it to our attention. Be aware that absent other factors an inconsistency in the material is not sufficient justification for missing an assignment or exam or for turning an exam or assignment in late.

    Week 1: January 10-12
    Public Communication and The Law, Chap. 1.
    The First Amendment, Chap. 2.
    Appendix B, p. 581.
    Week 2: January 17-19.
    Methods of Control, Chap. 3
    Week 3: January 24-26.
    Access to Information, Chapter 12.
    The Media and the Judiciary, Chapter. 10.
    Protection of News Sources, Notes, and Tape. Chapter 11.

    . Tuesday, Jan. 31. - Short Discussion Paper due in class.

    Week 4: January 31- February 2
    Libel, Chapter 3.
     
    Week 5: February 7-9
    Privacy and Personal Security, Chapter 5.

    Thursday, February 9 - Midterm #1 Due in Class.

    Week 6: February 14-16

    Intellectual Property, Chapter 5

    Week 7: February 21-23.
    Commercial Speech, Chapter 8

    Thursday, February 23 - Midterm #2 Due in Class .

    Week 8: February 28- March 2
    Commercial Speech(continued)

    Tuesday, February 28 - Final Paper Proposal due in class. (No late proposals will be accepted).

    Week 9: March 7-9.
    Political Speech, Chapter 7

    Thursday, March 9 - Final paper due in class.

     

    Week 10: March 14-16 (Dead Week)

    Regulation of Cable, Internet... readings to be assigned.

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    FINAL EXAM: A take home exam will be distributed no later than Thursday, March 16. It will be due NO LATER than 9:00 a.m. ,Thursday, March 23. No late exams will be accepted. If you miss the deadline, you will receive a grade of "0" for the exam.

     

 

 

School of Journalism and Communication