Law of Mass Communication

Freedom of Expression in the Digital Age

JAMS 559 Sec. 001 Spring 2017 12:30-1:45 p.m. TTh EMS E225

David S. Allen 576 Bolton Hall Phone: The department no longer provides office phones for faculty. The best way to reach me is via email. However, in an emergency you can leave a message for me with the JAMS main office, 414-229-4436. e-mail: [email protected] Office hours: TBD

Course Objectives

This course is designed to achieve a number of goals: (1) to aid individuals in asserting their rights and avoiding needless infractions of the law by introducing them to the legal and regulatory structure that governs freedom of expression in the United States, (2) to introduce students to broader constitutional issues that shape freedom of expression, and (3) to examine how the legal and regulatory structure of freedom of expression shapes media practice and democratic life.1 By the end of the course, a successful student should: (1) understand the relationship between the First Amendment to the U.S. Constitution and freedom of expression, (2) the regulatory structure of media-related industries and different types of media, both digital and non-digital, (3) understand the impact of a variety of legal issues (defamation, privacy, access to information, obscenity regulation, and antitrust law) on media practice, and (4) understand how to use law to produce well-reasoned opinions on current issues within society.

1The average student should expect to devote about 145.5 hours during the semester to this class. Please note that some students might need to devote more than that average to meet the learning outcomes. This total includes about 27.5 hours devoted to classroom learning, about 35 hours to reading course material, about 35 hours preparing for exams, about 4.5 hours taking exams, and about 43.5 hours for researching and writing the final paper. 2

Readings

There is one required text for this course. It is: Digital Media Law, Ashley Packard, 2nd edition, Malden, MA: Wiley-Blackwell, 2013 (ISBN: 978-1-118-29072-9; $69.90 new).

Examinations

There will be three exams comprised of short-answer essay questions. (For the exam dates, see the attached schedule.) No make-up exams will be allowed unless approved and scheduled prior to the announced exam dates.

Papers

Undergraduate Students

All undergraduate students need to complete a final paper. Undergraduate students will complete a paper that will ask them to apply their knowledge of freedom of expression to a specific issue assigned by the professor. Students will be asked to use their knowledge of case law to assess the constitutionality of a specific issue or problem within society. The paper will be due on Wednesday, May 10, and be no more than five double-spaced pages. More information on the paper will be provided later in the semester.

Graduate Students

In addition to the three exams, graduate students taking this course for graduate credit are required to complete a research paper on a topic related to freedom of expression that is of interest to them. Graduate students should meet with the instructor early in the semester to identify a research topic and for more information on the project. The final paper should be no more than 10 double-spaced pages. It will be due on Wednesday, May 10.

Academic Misconduct

It is essential that all work students submit for this class be their own. UWM’s academic misconduct policy is as follows: “The university has a responsibility to promote academic honesty and integrity and to develop procedures to deal effectively with instances of academic dishonesty. Students are responsible for the honest completion and representation of their work, for the appropriate citation of sources, and for respect of others’ academic endeavors.” I will refer cases of academic misconduct to the College of Letters & Science with a recommendation for disciplinary action. A more detailed description of Student Academic Disciplinary Procedures can be found in Regents Policy, UWS Chapter 14 and UWM Faculty Document #1686. Please do not let this happen. If you have questions about this policy, please see me. 3

Class Discussions

Generally, we will concentrate on one topic a week (see attached schedule). It is possible that the schedule will be adjusted during the semester. It is assumed that students will have read the day's assigned readings prior to class meetings. Students will be responsible for information contained in the readings and class lectures. PowerPoint slides for each lecture are available through this course’s D2L site. In order to encourage reflection and aid learning, discussion days have been built into the schedule. These days will provide an opportunity for students to ask questions and prepare for upcoming examinations. I will provide case studies during these sessions that I hope will help you apply the law. During the regular sessions, of course, class discussion is welcome and expected. That means I expect more from students than questions, although questions are welcome at anytime. I want students’ opinions, ideas, and comments. I encourage students to bring possible discussion topics to class. Some of the subjects that we will be discussing are likely to generate strong feelings for some members of the class. I strive to be open to divergent ideas and comments and I expect all members of the class to be similarly receptive. This does not mean students must agree, only that they treat people with respect and civility.

Attendance

Class attendance is vital to your success in this class. In my many years of teaching this class, I can guarantee that there is a strong relationship between class attendance and success. To help encourage you to regularly attend class, I will take attendance on a daily basis. Missing too many classes will have consequences. Points will be deducted based on the following:

0-4 classes missed = 0 points 5-8 classes missed = -20 points 9-12 classes missed = -40 points 13-16 classes missed = -60 points 17 or more classes missed = -80 points

Based on this scale, students are allowed to miss up to four classes with no consequences. Please use these wisely. Appropriate documentation will be required to excuse any absences after four missed classes. Please talk with me about what constitutes appropriate documentation. Attendance will be taken by circulating a sign-in sheet at the beginning of each class. If you are not in class at the beginning of class when attendance is taken, it is the responsibility of the student to make sure that his or her attendance has been recorded. Do not sign-in other students in the class. If I discover that a student has signed in a student who did not attend a class I will treat it as a form of academic misconduct. Do not let this happen. 4

Incompletes

A notation of "incomplete" may be given in lieu of a final grade to a student who has carried a subject successfully until the end of a semester but who, because of illness or other unusual and substantiated cause beyond the student's control, has been unable to take or complete the final examination or to complete some limited amount of term work. An incomplete will be granted only after the student and instructor have agreed upon a date by which the missing work will be completed.

Special Accommodations

Students who need special accommodations are encouraged to talk with me as soon as possible. They should also contact the Student Accessibility Center. More information is available at this link: http://www4.uwm.edu/sac/ . Students will be permitted to make up assignments missed because of religious observances when (a) there is a scheduling conflict between the student's sincerely held religious beliefs and taking the examination or meeting the academic requirements; and (b) the student has notified the instructor, within the first three weeks of the beginning of classes of the specific days or dates on which he or she will request relief from an examination or academic requirement.

Other University Policies

Links to other university policies are available at the following: http://www4.uwm.edu/secu/SyllabusLinks.pdf

Points and Grades

Points for undergraduates will be awarded based on the following:

Test #1: 100 points Test #2: 100 points Final exam: 150 points Final paper: 75 points Total: 425 points

Points for graduate students will be awarded based on the following:

Test #1: 100 points Test #2: 100 points Final exam: 150 points Final paper: 75 points Total: 425 points 5

Letter grades will be awarded based on final point totals. Grades will generally be awarded based on the following:

A = 100-95 percent A- = 94-90 percent B+ = 89-87 percent B = 86-83 percent B- = 82-80 percent C+ = 79-77 percent C = 76-73 percent C- = 72-70 percent D+ = 69-67 percent D = 66-63 percent D- = 62-60 percent F = 59 percent and below

A word to the wise . . .

The law of freedom of expression can be a confusing, complicated, and often frustrating area of study. Students often find its lack of certainty confounding. By the end of the semester, I hope students will come to appreciate how a lack of certainty has both advantages and disadvantages for a dynamic society. In the meantime, should students find themselves overwhelmed or confused, please do not hesitate to see me. 6

Class Schedule

DML=Digital Media Law text

Week Topic Reading

1-22 Introduction DML, Chapter 1

1-29 Freedom of Speech and Press DML, Chapter 2

2-5 Freedom of Speech and Press (cont.) No required readings

2-12 Telecommunications Regulation DML, Chapter 3

2-19 Internet Regulation DML, Chapter 4

2-26 Review and Exam No required readings

Exam 1, Thursday, March 1

3-5 Defamation and the Media DML, Chapter 9

3-12 Defamation and the Media (cont.) No required readings

3-19 Spring break

3-26 Privacy and the Media DML, Chapter 10

4-2 Regulation of Obscenity DML, Chapter 11 7

Class Schedule (cont.)

Date Topic Reading

4-9 Review and exam No required readings

Exam 2, Thursday, April 12

4-16 Intellectual Property Rights DML, Chapter 7

4-23 Intellectual Property Rights (cont.) DML, Chapter 6 Information Gathering

4-30 Information Gathering (cont.) DML, Chapter 12

Final paper due Thursday, May 3

5-7 Commercial Speech No required readings

Final Exam: TBD