SYLLABUS Law of Mass Communication JOUR 560 / Section 21580 Classroom: ASC 236

Time: Wednesday, 6:00 p.m. to 8:40 p.m. Semester: Fall 2012 Instructor: Susan Seager

Cell Phone: (310) 890-8991 Email: [email protected]

COURSE OBJECTIVES This is a media law survey course for journalism students. We will study the key legal issues facing journalists today. We will study the evolution of media law, focusing on libel, privacy, right of publicity, intellectual property, and online legal issues. Students are expected to learn (1) the basic workings of the legal system in the United States; (2) the legal rules that apply to journalists in the United States; (3) how to avoid being sued; and (4) how to write clearly about these issues. The instructor reserves the right to modify or change the class assignments or readings listed in this Syllabus.

Students are expected to complete the reading before class and to participate in class discussions. This is not a passive lecture class.

REQUIRED READING There are three required readings: (1) The Law of Journalism and Mass Communication, by Robert Trager, Joseph Russomanno, and Susan Dente Ross (3d ed. 2012 CQ Press); (2) Bound by Law?, By Keith Aoki, James Boyle, and Jennifer Jenkins (2006 ed.) ISBN 0974155314 (order through www.law.duke.edu/cspd/comics) and (3) the Course Reader prepared by the instructor.

EXAMS, QUIZES and PAPER The semester grade will be based on two exams and one news story about a current legal case or controversy.

Exams. Two mid-term exams will be given. The exams are closed-book tests based on materials from the readings and class lectures. Test questions will include true-false, multiple choice, and essay questions. This Syllabus lists exam topics. 50 percent of grade (25 percent per exam).

Quizzes. A short written quiz will be given at the start of each class to test understanding of the reading. A handful of students will be asked to read their answers. The class will vote on and discuss the answers. This exercise is not graded but if students demonstrate they have not done the reading, the quizzes will be graded and factored into the overall grade.

Legal Issue News Story. Students will write a detailed news story about a legal issue, litigation, new or proposed law that impacts journalists or relates to free speech rights. Minimum length: 3,600 words. The Story must include: (1) quotations collected during an interview with one or more persons personally involved in the case or controversy (a lawyer, plaintiff, defendant); (2) quotations collected from an interview with one or more experts who are not personally involved in the case or controversy (lawyer, law professor, or press advocate); (3) a clear, concise summary of the case or controversy at the beginning of the paper (“nut graf”); (4) a discussion of the various points of view on the case or controversy; and (5) a conclusion that includes a possible resolution or prediction of the outcome of the case or controversy. All topics must be approved by the instructor. 50 percent of grade.

1 Oral Presentation. Students are required to give a 10-minute oral presentation of their News Story in class. The presentation is not graded but will provide an opportunity for the instructor to give guidance to the student on the written version of the paper. Small prizes will be awarded in class for best presentations.

KEY DATES: Exams: Oct. 3: Exam in-class (closed book) Dec. 12. Exam in class (closed book)

Legal Issue News Story: Oct. 31: Students provide outline of Story to Instructor and discuss with instructor in class Nov. 28: Students give 10-minute oral/visual presentation of Story in class Dec. 5. Students bring Paper to class and email instructor at [email protected]

The exam will be graded based ability to provide correct answers and clear explanation of applicable legal rules.

The News Story will be graded based on accuracy, clarity, organization, and adequate sourcing. “A” work clearly describes the relevant facts, parties, and legal rules, the key question or issue, and the correct history of the issue, case, or lawsuit, and contains only minor organizational problems or minor errors in describing the facts and legal rules, applying the legal rules to the facts, and includes all of the required number of required sources/research materials. “B” work requires more than minor reorganization or fails to adequately explain one legal rule or fails to include one required sources/research materials. “C” work requires major reorganization and misstates more than one legal rule or misapplies the legal rule to the facts several times and fails to include more than one of the required sources/research materials. “D” work has excessive organizational problems and numerous errors in describing the legal rules and facts and applying the law to those facts or fails to include several of the required sources/research materials. “F” work has significant organizational problems or errors in describing the legal rules and facts and applying the law to those facts, fails to include any required sources/research materials, or all of the above.

97-100 A+ 93-96 A 90-92 A- 87-89 B+ 83-86 B 80-82 B- 77-79 C+

OFFICE HOURS Please email me or call my cell phone if you have questions or want to set up an appointment.

INSTRUCTOR BACKGROUND I am senior counsel for Fox Group Legal, where I handle lawsuits involving Fox Television Stations, Inc., Twentieth Century Fox Film Corp., Fox Television Studios, Inc., Twentieth Century Fox Television, and other Fox companies and divisions, most of them based on the West Coast. I graduated from Yale Law School with a juris doctorate in 1999. Before becoming a lawyer, I worked for about 15 years as a journalist

2 for the Los Angeles Herald Examiner, United Press International, LA Weekly and the Los Angeles Daily Journal, among others.

PLAGIARISM/ACADEMIC INTEGRITY Plagiarism is defined as taking ideas or content from another and presenting them as one’s own. The following is the School of Journalism’s policy on academic integrity as published in the University catalogue:

“Since its founding, the USC School of Journalism has maintained a commitment to the highest standards of ethical conduct and academic excellence. Any student found plagiarizing, fabricating, cheating on examinations and/or purchasing papers or other assignments faces sanctions ranging from an ‘F’ on the assignment to dismissal from the School of Journalism.” All academic integrity violations will be reported to the office of Student Judicial Affairs & Community Standards (SJACS), as per university policy, as well as journalism school administrators and the school’s academic integrity committee.

In addition, it is assumed that the work you submit for this course is work you have produced entirely by yourself, and has not been previously produced by you for submission in another course or Learning Lab without the approval of the instructor.

ACADEMIC ACCOMMODATIONS Any students requesting academic accommodations based on a disability are required to register with Disability Services and Programs (DSP) each semester. A letter of verification for approved accommodations can be obtained from DSP when adequate documentation is filed. Please be sure the letter is delivered to the professor as early in the semester as possible. DSP is located in Student Union 301 and is open Monday-Friday, 8:30 a.m.-5 p.m. Their phone number is (213) 740-0776.

INTERNSHIPS The value of professional internships as part of the overall educational experience of our students has long been recognized by the School of Journalism. Accordingly, while internships are not required for successful completion of this course, any student enrolled in this course who undertakes and completes an approved, non-paid internship during this semester shall earn academic extra credit herein of an amount equal to one percent of the total available semester points for this course. To receive instructor approval, a student must request an internship letter from the Annenberg Career Development Office and bring it to the instructor to sign by the end of the third week of classes. The student must submit the signed letter to the media organization, along with the evaluation form provided by the Career Development Office. The form should be filled out by the intern supervisor and returned to the instructor at the end of the semester. No credit will be given if an evaluation form is not turned in to the instructor by the last day of class. Note: The internship must be unpaid and can be applied only to one journalism class.

CLASS ATTENDANCE Students are advised to attend the first class meeting of their journalism classes or the instructors may drop them from their classes. The School of Journalism adheres to the university policy, which states “an instructor may replace any student who, without prior consent, does not attend… the first class session of the semester for once-a-week classes. It is then the student’s responsibility to withdraw officially from the course through the Registration Department.”

3 GRADING POLICIES Undergraduate Degrees: The School of Journalism expects its students to maintain at least a 2.7 (B-) grade point average in all journalism classes. Those who fall below this will receive additional counseling from faculty and advisement staff. Students are required to complete each journalism class with at least a grade of C-. Journalism courses with a grade of D+ or below must be repeated. Please note that the university’s cumulative grade point average will include both grades in its calculations and students must maintain a minimum 2.0 GPA to graduate from USC.

Graduate Degrees: A minimum grade of C (2.0) is required in a course to receive graduate credit. Work graded C- or below is not acceptable for subject or unit credit toward any master’s or doctoral program. A grade point average of at least 3.0 (B) on all units attempted at USC toward a graduate degree is required for graduation. In addition, a grade point average of at least R.0 on all graduate work attempted at USC, whether or not all such units are applied toward the degree, is required.

Class #1 (Aug. 29): The U.S. Legal System Reading: The Law of Journalism, Ch. 1, pp 2-47. Course Reader, Tab 1 After this class, you should be able to:

1. List the three branches of government.

2. List the four sources of law.

3. Distinguish between state and federal courts.

4. Distinguish between civil and criminal courts.

5. List key criminal court proceedings, from arrest to sentencing.

6. Be able to look up and understand court decisions.

Class #2 (Sept. 5): The First Amendment, Government Censorship and Prior Restraint Reading: The Law of Journalism, Ch. 2, 32-39, pp. 48-66, 89-96 Course Reader, Tab 2 After this class, you should be able to:

1. List types of government controls on the press in England and colonial America.

2. Describe the purpose of the First Amendment and a “free press.”

3. Define the test used by courts in deciding whether to issue an order to “stop the presses” (prior restraint/injunction/gag order).

4. Discuss the holdings of Minnesota v. Near and the Pentagon Papers case.

5. Discuss the federal Sedition Act and state criminal libel statutes.

4 Class #3 (Sept. 12) – Field Trip or Guest Speaker]

Class #4 (Sept. 19): Elements of Libel , Fault, Public Figure and Actual Malice Reading: The Law of Journalism, Ch. 4, pp. 138-185 Course Reader, Tab 4 After this class, you should be able to:

1. Define the six elements a plaintiff must prove to win a libel case.

2. Recognize defamatory and non-defamatory statements.

3. Discuss the requirement of “fault” as introduced by New York Times v. Sullivan

4. Discuss the policy reasons for protecting press mistakes about government officials.

5. Identify the criteria used by courts to determine if a libel plaintiff is a public official, all- purpose public figure, limited-purpose public figure, and private individual.

6. Identify the criteria used by courts to determine actual malice and negligence.

Class #5 (Sept. 26): Defenses to Libel Reading: The Law of Journalism, Ch. 5, pp. 186-221 Reading: Course Reader, Tab 5 After this class, you should be able to:

1. Identify and define the following defenses in a libel suit:

a) Statute of limitations (SOL)

b) fair report of official government proceeding/records

c) true/substantially true

d) opinion (Hustler v. Falwell and Milkovich decisions).

2. Discuss California’s retraction statute (reduces damages/not complete defense).

Class #6 ** (Oct.3) – Exam in class (closed-book) on Classes #1-#5)**

Class #7 (Oct. 10): Invasion of Privacy Reading: The Law of Journalism, Ch. 6, 222-277 Course Reader, Tab 7 After this class, you should be able to:

1. Define the elements for invasion of privacy, disclosure of private facts.

2. Define the elements for invasion of privacy, false light.

5 3. Define the elements for invasion of privacy, misappropriation/right of publicity.

4. Define the elements for invasion of privacy, intrusion.

Class # 8 (Oct. 17): Newsgathering Claims: Wiretapping, Fraud, Trespass Reading: The Law of Journalism, Ch. 8, pp. 320-343 Course Reader, Tab 8 After this class, you should be able to:

1. Define the wiretapping statutes (state and federal).

2. Discuss other newsgathering claims, including fraud, trespass.

3. Discuss Food Lion, Sanders v. Lane, Desnick, and Bartnicki cases

Class #9 (Oct. 24): Right of Access to Courts & Government Proceedings & Records Reading: The Law of Journalism, Ch. 8, pp 345-379, Ch. 10, pp. 320-343, pp. 420-473 Course Reader, Tab 9 After this class, you should be able to:

1. Describe the First Amendment test for closing a court to press/public.

2. List the alternative steps a court may take instead of closing a court.

3. Discuss the California rule for allowing cameras in the courtroom.

4. Describe the California Public Records Act and U.S. Freedom of Information Act and what type of records are considered “public records” and which are exempt from disclosure

5. Discuss public access to alternative dispute resolution (arbitration).

6. Sign up for meetings with Instructor during next class re Story Outline

Class #10: (Oct. 31) Students must turn in 1-page outline of Final Paper (if not yet submitted) and discuss with instructor During class.**

**One-on-One meetings with Students and instructor

Class #11 (Nov. 7): Intellectual Property v. Free Press; Copyright and Trademark Reading: The Law of Journalism, Ch. 13, pp. 578-639 Course Reader, Tab 11 Bound by Law? (comic book). After this class, you should be able to:

1. Define the meaning and purpose of copyright.

6 2. Identify defenses to copyright claims, including fair use and parody.

3. Discuss the First Amendment implications of copyright law with particular reference to the Supreme Court’s decision in Harper & Row; also Salinger case and prior restraint

4. Define the meaning and purpose of trademark and distinguish it from copyright.

Class #12 (Nov. 14): Online Media Law Course Reader, Tab 12 After this class, you should be able to:

1. Discuss the Communications Decency Act (CDA) Section 230 “safe harbor” for websites publishing user-generated content that allegedly violates defamation, privacy, negligence laws.

2. Discuss the Digital Millennium Protection Act (DMCA) “safe harbor” and “taken-down procedures for websites publishing user-generated content that allegedly constitutes copyright infringement.

3. Discuss the differences between the CDA and DMCA.

Class #13 (Nov. 28) – Students will Give Oral Summaries of their Papers in Class (10 minutes per student)

Class #14 (Dec. 5): Regulation of TV and Radio Reading: The Law of Journalism , Ch. 11, pp. 474-498 Final Paper due in class on Dec. 5 and via email to instructor ([email protected]).

Class #15 ** (Dec. 12) – Exam in class (closed-book) on Classes #7-#14)**

SAMPLE EXAM QUESTION AND ANSWER IN IRAC FORMAT

Question: The Los Angeles District Attorney’s Office filed a criminal complaint in Los Angeles County Superior Court charging Johnnie Jones, the ex-husband of Hollywood actress Brittania Pears, with felony assault charges for slapping Ms. Pears’ face. The Daily Tattler reported that “court records” have confirmed that Mr. Jones had been charged with “knocking Ms. Pears around.” One year after the Tattler published the story, Mr. Jones was acquitted by a jury of all charges. Mr. Jones sued the Tattler for defamation, saying the report was false and defamatory because he was found innocent, and because he was not technically charged with “knocking Ms. Pears around.” Discuss whether the Tattler could win based on the fair report privilege. Use IRAC.

Answer:

(ISSUE) (Question) The question is whether the Tattler could defeat the defamation claim based on the fair report privilege, which is an absolute privilege in California. 7 (RULE) (Law or Statute) To defeat the defamation claim under the “fair report privilege,” the Tattler would have to show that the story was published in a media report, was based on an official government record, cited to the official record, and was a fair summary of that record. (Cal. Civil Code section 47). The fair report privilege does not require the media to print an exact reproduction of the official record or to use the exact legal terms, and minor errors do not deprive the newspaper of the privilege. The report is a privileged “fair” report if it is a generally accurate summary or abridgement of the official report and captures the “gist and sting” of the official record.

(APPLICATION) (Argument from Each Side) The newspaper will argue that its report is protected by the fair report privilege because the story was published in the media – the Daily Tattler; the newspaper cited the court records; and the newspaper report was based on two official government record – a court record and a police report. The newspaper will argue that its story was an accurate summary of the court records – “slapping” is similar to “knocking around” and that the privilege does not require it to use the exact words in the report, but can summarize or use lay language. A reasonable reader would not think differently of Mr. Jones based on this slightly different fact. Mr. Jones would argue that the newspaper published a false fact because he was later acquitted. The newspaper will answer that the newspaper story was accurate at the time – he was arrested on those charges at the time of the publication -- and the true fact that he was arrested does not become false due to later events.

(CONCLUSION): (Predict the winner) The newspaper would probably win because the fair report privilege is very strong in California, and the newspaper’s report was a substantially accurate summary of the charges. The use of lay terms and a minor error do not deprive the newspaper of the privilege. Facts that occur after the newspaper report do not make it “false.”

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