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COMMUNICATION LAW

LAW 867, § R / Spring 2002 / 2 Credits
Wednesdays, 8:00--9:50 p.m.
202 Library Building, HARRISBURG



WILLIAM MARTIN SLOANE, Adjunct Professor

wmsloane@widener.edu - sloane@acfei.com

(717) 787-6551, 249-1069, 856-8545; Fax 783-1577


University of Pittsburgh

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also through

University of Texas


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BOOK:  Franklin, Anderson & Cate, Mass Media Law: Cases & Materials, 6th edn. (Foundation, 2000).

"[W]ho ever knew Truth put to the worse, in a free and open encounter?"

--John Milton, Areopagitica  (1644)


READING ASSIGNMENTS

CLASS:
DATE 2002
Casebook Pages Supplement Pages TOPICS
#1:
16 January
v-vi & 1-57 . . . The First Amendment and Government Regulation:
#2:
23 January
57-115 2 The First Amendment and the Media
#3:
30 January
115-169 . . . Content-Neutral Regulation of Media
#4:
6 February
169-228 2-4 Content-Based Regulation of Media
No Class
13 February
. . . . . . . . .
#5:
20 February
228-280 4-5 Content-Based Regulation of Media [continued]
#6:
27 February
280-335 . . . Legal Issues Arising from Publication:
No Class
6 March
. . . . . . . . .
#7:
13 March
335-390 6 Defamation
#8:
20 March
390-448 6-7 Protecting Privacy
#9:
27 March
448-509 7 Liability for Emotional, Economic, and Physical Harm
#10:
3 April
509-558 7-8 Copyright
#11:
10 April
558-614 8-10 Legal Issues arising from Newsgathering:
Newsgathering Torts
#12:
17 April
614-671 . . . Subpoenas and Searches
#13:
24 April
671-726 10-11 Acces to Information
#14:
1 May
727-779 11-12 Access to Judicial Proceedings
#15:
8 May
6:30 p.m. FINAL EXAMINATION


SCOPE AND EMPHASIS:  This is a course about law as it applies to journalism, including an in-depth examination of the First Amendment Speech and Press clauses, selected torts, and newsgathering issues.

REQUIREMENTS:  (1)  Students should read all of the principal cases in the casebook, according to the above schedule, and should be prepared to recite oral briefs and answer questions in class.  As time permits, students should endeavor to read the textual material and attached supplement, although the instructor will cover most of the important information by lecture.  (2)  Students should check the course TWEN page periodically for announcements and other information posted by the instructor or by other students.  (3)  Students will take a traditional, in-class, closed-book final examination consisting of three essay questions, each weighted equally.  The questions will be based on issues raised in the casebook and/or supplement and/or class discussion.

ATTENDANCE:  The ABA and Widener University policy is that students must attend at least 11.2 classes without exception.  No excuses can be accepted for failing to meet this residency requirement.  Anyone who misses 2.9 or more classes will receive a course grade of "W"; the instructor will endeavor, but does not guarantee, to notify students who are approaching this limit.  Arriving late or leaving early is counted as a partial absence.  A student who misses the roll call at the beginning of class is irrebuttably presumed to be absent unless he/she makes his/her presence known to the instructor immediately after class.

COMMUNICATION:  Students are encouraged to contact the instructor at any time, either privately via email or phone, or publicly via the TWEN bulletin board for the course.  Individual meetings can be arranged on campus or at the Capitol.

GRADING:  The course grade will be determined by the grade received on the final examination, which may be raised or lowered by one grade (e.g., from B+ to A-, or from C to C-) on the basis of the student's class participation.  The instructor will be available over the summer to review the final exams with any student who is interested and to suggest means for improvement in writing successful essay answers.




Selected First Amendment "Macro-Issues"

{1}  Access Theory:  Freedom v. Competition;  Speaking v. Hearing;  Kant v. Mill

Associated Press v. United States (1945)

Kansas City Star Co. v. United States (1957)

Red Lion Broadcasting Co. v. Federal Communications Commission (1969)*

Columbia Broadcasting System v. Democratic National Committee (1973)

Miami Herald Publishing Co. v. Tornillo (1974)

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976)

Central Hudson Gas & Electric Co. v. Public Service Commission (1983)

Muir v. Alabama Educational Television Commission (1983)*

Syracuse Peace Council v. Federal Communications Commission (1990)

{2}  "Strings Attached"  &  "Waiver of Rights"  v.  "Constitutional Right to a Subsidy"

Grosjean v. American Press Co. (1936)

American Communications Association v. Douds (1950)

*Red Lion Broadcasting Co. v. Federal Communications Commission (1969)

Snepp v. United States (1980)

*Muir v. Alabama Educational Television Commission (1983)

Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue (1983)

Federal Communications Commission v. League of Women Voters of California (1984)

Arkansas Writers' Project v. Ragland (1987)

Leathers v. Medlock (1991)

Rust v. Sullivan (1991)

Waters v. Churchill (1994)

Rosenberger v. Regents and Visitors of the University of Virginia (1995)

Can you think of any other cases that should be included on either list?



MINIMUM FAULT STANDARD FOR EACH LIBEL ELEMENT

At
Common
Law

After New York Times Co. v. Sullivan (1964)

After Gertz v. Robert Welch, Inc. (1974)

After Dun & Bradstreet v. Greenmoss Builders (1985)

After Philadelphia Newspapers v. Hepps (1986)

Publication

At least negligence

At least negligence

At least negligence

At least negligence

At least negligence

Identification

Strict liability

Strict liability, but must actually identify

Strict liability, but must actually identify

Strict liability, but must actually identify

Strict liability, but must actually identify

Defamation

Strict liability

Strict liability

Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury

Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury

Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury

Falsity

Strict liability, with burden on D to prove truth

Strict liability, with burden on D to prove truth; but if P is a public official being criticized for performance of official duties, then P must prove actual malice

(Topic is of public concern):  At least negligence, with burden on D to prove truth; if P is seeking presumed or punitive damages, or if P is a public figure seeking ANY damages, then P must prove actual malice

(Topic is of private concern):  Same as before, but as long as P is a private figure, then negligence is sufficient to receive presumed or punitive damages

If there is a media D and the topic is of public concern, then P (public or private figure) must prove falsity

 

 

© 1992 by
Wm. Martin Sloane



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