SJSU Section 2, Spring 2008
Instructor: Larry Sokoloff Office Hours: TuTh 2:30-3 p.m.,
Phone: (408) 924-3286, cell: (650)520-8006 MW 10-10:30 a.m. & by appt.
Email:larry.sokoloff@sjsu.edu or lsok@aol.com Classroom: DBH 133
Best way to reach instructor is via email Office: DBH 131
Website: http://jmcweb.sjsu.edu/sokoloff/sokoloff.html
Course readings: Communications Law, by John D. Zelezny, Fifth Edition; most cases available online at www.findlaw.com OR www.cfac.org/CaseLaw. It is your responsibility to get the correct Zelezny book by the second class session.
Grading and Assignments
Class Participation 5% Midterm 30-35%
Written Assignments, Quizzes 25-30% Final 35- 40%
COURSE DESCRIPTION
This class will look at the First Amendment and the contentious issues that come with living in a free and open society. This is a great class if you’re interested in free speech, politics, law, and especially the media. You can expect to offer your opinions often.
The course will include classroom participation (including role playing exercises), guest speakers, and some lectures. There will be assigned readings from the textbook and from actual cases, as well as a midterm, final and written assignments.
Specifically, students will study principles and case studies of mass communications law and ethics, looking at constitutional guarantees, libel, privacy, contempt, privilege, copyright, and regulations of broadcasting. This course is for upper division students.
STUDENT LEARNING OBJECTIVES
To successfully complete the course, students must be able to:
--demonstrate an understanding of the First Amendment to the U.S. Constitution as it applies to the media;
--demonstrate the ability to read and understand an opinion from an appellate court;
--demonstrate the ability to analyze and explain key issues in American media law, including libel, privacy, copyright, trial procedures and protections, and broadcasting regulation.
--demonstrate an ability to apply U.S. and state law to hypothetical situations.
ATTENDANCE
According to University policy F69-24, “Students should attend all meetings of their classes, not only because they are responsible for material discussed therein, but because maximum participation is frequently essential to insure maximum benefit for all members of the class. Attendance per se shall not be used as a criterion for grading.”
It is disruptive to other students and the instructor when students are late. Therefore, if you show up more than 5 minutes late, you will not be allowed to attend class that day, unless you have cleared it in advance with the instructor. You can, however, be late to the midterm and final by as much as 15 minutes.
PLAGIARISM/CHEATING/ACADEMIC INTEGRITY
Your own commitment to learning, as evidenced by your enrollment at SJSU, and the University’s Academic Integrity Policy requires you to be honest in all your academic course work. Faculty are required to report all infractions to the Office of Judicial Affairs. The policy on academic integrity can be found at http://sa.sjsu.edu/student_conduct.
This policy means that you cannot use any material found in Wikipedia in your papers for this class. Plagiarism may lead to a failing grade on an assignment or in the class.
DISABILITIES
If you need course adaptations or accommodations because of a disability, or if you need special arrangements in case the building must be evacuated, please make an appointment with me as soon as possible, or see me during office hours. Presidential Directive 97-03 requires that students with disabilities register with the DRC to establish a record of their disability.
GRADING, LATE PAPERS AND MAKING UP AN EXAM
There is no extra credit offered in this class. Late papers are accepted only with prior agreement, and will be graded down for being late. After the midterm, you cannot turn in any late papers that were assigned prior to the midterm. I do not accept assignments via email. If you can’t make it to class, drop off a hard copy to my mailbox in the dept. office in Room 105.
I will allow make-ups of quizzes in some circumstances. There are no early exams or mid-terms, and no make-up exams or midterms, with exceptions made for dire illness, a death in your immediate family or for university athletes who are away for a sporting event.
Grades are calculated by the number of points you earn during the semester. Five points maximum are awarded for class participation. No one has ever received all 100 points. My general grading system is that 84-100 is an A or A-; 84-75 is a B+, B or B-; 74-63 is a C+, C or C-; 62-52 is a D+ or D; and 51 or below is an F.
Assignment Format
All assignments, except those done in class, must be typed and double-spaced. Handwritten papers will be marked down. You will receive more specific format instructions for how to brief a case. Spelling is important on in-class assignments and homework—bring a dictionary to class, and spellcheck on your computer.
CLASS PARTICIPATION
Class participation will be figured into your final grade. Expect the instructor to call on you, at random—which means you should have done the reading and be prepared.
ELECTRONIC DEVICES
Cellphones, blackberries, treos and other text-messaging devices will be confiscated during class if not turned off. Your laptops to be used solely for taking notes during class, and not for sending emails.
TENTATIVE COURSE SCHEDULE: (Subject to change with fair notice)
WEEK One: (Jan. 24) Intro to Class. First Assignment given out. Read Chapter 1 (all) for Jan. 29th.
WEEK Two: (Jan. 29, 31) Read Chapter 1 for 1/29. Read Chapter 2 (pages 37-50) for1/31. Assignment due at start of class on 1/31. Discussion of first amendment.
WEEK THREE: Feb. 5, 7 For 2/5 class, read Near v. Minnesota 283 U.S. 697 (1931) on the website Findlaw.com. From there, click (under Law: Cases and Codes) on U.S. Sup. Ct., then enter citation (283 U.S. 697) or the party name “Near.” Carefully read the majority opinion (you may have to read it more than once to understand it) and the dissent. Also, read pages 88-93 in text on national security for this week.
WEEK FOUR (Feb. 12, 14): Libel week. For 2/12, read New York Times v. Sullivan, 376 U.S. 254 (1964). Read all of Chapter 4, to page 145 for 2/12; 148-164 for 2/14.
WEEK FIVE: (Feb. 19, 21) Chapter 5: Invasion of Privacy--Intrusion, False Light, Publication of Private Facts; (Mis)appropriation. Read 164-207 for 2/19 and 208-212 for 2/21. Read Nicholson v. McClatchy Newspapers 177 Cal.App.3d 509 (1986). Briefs due on Nicholson at start of class, only for last names A-G. Make sure you have “how to brief a case” handout to do it right.
WEEK SIX (Feb. 26, 28) Student press freedom. Read pages 68-71 in text for 2/26. All should read two cases: Morse v. Frederick 551 U.S. ___ (2007) and Smith v. Novato. Briefs due on Morse, for last names H-M only on 2/28. Briefs due on Smith, for last names N-R only , due 2/28. Morse can be found at www.supremecourtus.gov/opinions/06pdf/06-278.pdf and Smith can be found at http://www.courtinfo.ca.gov/opinions/documents/A112083.PDF. For Morse, read only Justice Roberts’ majority opinion and Justice Stevens’ dissent (skip concurrences and other dissent).
WEEK SEVEN: (March 4, 6) Electronic media. Read chapter 9, pgs. 351-364 for 3/4; skim rest of chapter and chapter 10 to pg. 413 for 3/6. Short midterm review on 3/6.
WEEK EIGHT: (March 11, 13) March 11: Possible guest speaker; also bring last
minute midterm questions. MIDTERM on
March 13. BRING A SCANTRON TO MIDTERM.
WEEK NINE: (March 18, 20) Obscenity. Read Chapter 11, pages 415-28. For 3/18, read 428-453 and Castillo v. Texas, 79 S.W. 3d 817 (Tex. 2002). Instructor will provide copy of Castillo case to read on 3/13. Briefs due on Castillo for last names S-Z on 3/20.
SPRING BREAK: No class on March 25, 27.
WEEK TEN: (April 1, 3) Continue with Obscenity. Obscenity assignment due on April 3. Review of midterms.
WEEK ELEVEN: (April 8, 10) Freedom of Information Act and Public Records Act.
Read pgs. 228-247 for 4/8. Guest speaker possible on 4/10.
WEEK TWELVE: (April 15, 17) Commercial Speech. Read pgs. 457-484 for 4/15; read 488-494 for 4/17.
WEEK 13: (April 22, 24) Copyright. Read Chapter 8—pgs. 296-331 for 4/22; read 331-349 for 4/24. FOIA assignment given on 4/22.
WEEK 14: (April 29, May 1) Continue with copyright on 4/29. For 5/1, Fair Trial v. Free Press, Cameras in Courts, Read Chapter 7. Read Sheppard v. Maxwell 384 U.S. 333 (1966) for 5/1. Quiz on Sheppard on 5/1.
WEEK 15: (May 6, 8) Possible guest speaker, continuation of courts and press. FOIA letter due May 8th.
WEEK 16: (May 13) Final review.
The final is Monday, May 19 from 2:45 p.m. until 5 p.m.
No SCANTRON needed for FINAL