COMM 5300: Mass Communication Law / Feighery Mass .
COMM 5300: Mass Communication Law / FeigheryMass Communication LawCOMM 5300-003 Fall 2021 Hybrid (Canvas) Wednesdays 2-4 p.m., LNCO 1110Professor:Contact:Glen FeigheryCanvas message (preferred) or glen.feighery@utah.eduOverviewRequired Materials and Resources Textbook: Mass Media Law by Clay Calvert, Dan V. Kozlowski, and Derigan Silver(21st edition, 2020). You must have the 21st edition.The course has a fee for the textbook. You will access the book via Canvas viaBookshelf. (If you opt out of the electronic book, you must buy it yourself. TheISBN is 126051451X. The publisher is McGraw Hill Education.) A reliable Internet connection to stream/download materials and to take exams.How This Course Works: Live: Class meets 2-4 p.m. every Wednesday. Given the nature of this course,attendance is required and adjustments cannot be granted to allow non-attendance.However, if you need to seek an ADA accommodation to request an exception to thispolicy due to a disability, please contact the Center for Disability and Access. The CDAwill work with you and me to determine what, if any, ADA accommodations arereasonable and appropriate. On Canvas: Readings and Comments and Contributions (C Cs) are asynchronous togive you flexibility. C Cs are available for you to do anytime before they’re due atmidnight on Sundays. Assignments have deadlines. Due dates are enforced. Canvas will lock 1 minuteafter each assignment deadline (This includes exams). Note due dates and times. Each week, I will post materials, such as PowerPoint and study guides. The Syllabus, Modules, and the Canvas calendar will remind you of assignmentdeadlines. Questions? Let me know.Course StructureThis course is organized into three parts. At the end of each, there will be an exam. One: The First Amendment and Freedom of Expression Two: Libel and Privacy Three: Intellectual Property, Advertising, and RegulationCourse OutcomesIn this class, you will: Learn basic legal concepts, laws, and regulations governing media. Understand how courts function and create legal precedents. Learn legal tests and apply them to facts.1
COMM 5300: Mass Communication Law / Feighery2University Policies Coronavirus information and university policies: The university encourages people to take advantage of COVID-19 testing services.Voluntary asymptomatic testing will continue to be available for members of the campuscommunity. You must self-report if you test positive for COVID-19 via this website (see “SelfReporting Form”). If you have been exposed or are experiencing symptoms, self-reportand follow university guidelines for exposure. All members of the University of Utah community are encouraged to receive a COVID19 vaccine and to wear a mask in public indoor settings per CDC guidelines. Academic Integrity: Because C Cs and exams are online, I trust you to do your own work.University policies on plagiarism and honesty are here (see Section IV and Section V). ADA: The U seeks to provide equal access to its programs, services and activities. If youneed accommodation, contact the Center for Disability and Access, Union BuildingRoom 162; 801-581-5020; info@disability.utah.edu. Content Accommodation: This course might expose you to things you find discomforting. Iwill not make accommodations in course content, requirements, or expectations. (See“Instruction and Evaluation,” Section III, Part Q, “Accommodations.”) Safety: The U values the safety of all campus community members. Campus police: 801-585COPS (801-585-2677). Respect: The Office of Equal Opportunity and Affirmative Action is dedicated to providing afair and equitable environment for all to pursue their academic and professionalendeavors and to equally access University programs. Violence and harassment based onsex and gender (including orientation and identity/expression) is a civil-rights offense andis treated the same as those against race, national origin, color, religion, age, disabledstatus, veteran’s status, or genetic information. Semester calendar: Check the Registrar’s calendar for key dates.GradingWhere Your Course Grade Comes FromComments and Contributions (C Cs) (8 pts. x 10 weeks) . . . . . . . . . . . 80 pointsWednesday classes (9 pts. x 14 weeks) . . . . . . . . . . . . . . . . . . . . . . . . . 126 pointsCase Briefs (4 pts. x 24 cases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 pointsExam 1 (Freedom of Expression) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 pointsExam 2 (Libel & Privacy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 pointsExam 3 (Copyright & Advertising) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 pointsTotal: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600 possible points
COMM 5300: Mass Communication Law / Feighery3Grading ScaleWhen I calculate your course grade at the end of the semester, I will use these percentages:100-94 A89-87 B 79-77 C 69-67 D 59-0 E93-90 A86-84 B76-74 C66-64 D83-80 B73-70 C63-60 D-WEEK 1: INTRODUCTION TO COURSE AND THE LEGAL SYSTEMBefore class Wednesday, Aug. 25 Read: This syllabus; “How to Comment andContribute.” Read: Chapter 1. Look at: Modules to see course structure. Materials posted: Introduction and overview,including the Week 1 Question. Form posted: Information Sheet.In class2-4 p.m. Wednesday, Aug. 25 Syllabus, schedule, expectations. Discussion and Exercise: Investigate theSupreme Court and other courts. What are legaltests? How do you apply them?WEEK 2: THE FIRST AMENDMENT AND FREE EXPRESSIONDue by 11:59 p.m. Sunday, Aug. 29 Read: Chapter 2, pp. 39-58. Comment and Contribution No. 1: See specificprompts in Canvas.In class2-4 p.m. Wednesday, Sept. 1 Discussion: Freedom of expression history andcases. What is “state action,” and why does itmatter? Exercise: Applying legal tests.WEEK 3: FREE EXPRESSION AND PRIOR RESTRAINTDue by 11:59 p.m. Sunday, Sept. 5 Read: Chapter 2, pp. 59-85. Comment and Contribution No. 2: See specificprompts and cases in Canvas.In class2-4 p.m. Wednesday, Sept. 8 Discussion: Cases from Schenck v. U.S. toBrandenburg v. Ohio. Prior Restraint and thePentagon Papers case. Exercise: Michelle Carter; Twitter, Parler, and4chan; lessons from Megan Phelps-Roper.
COMM 5300: Mass Communication Law / Feighery4WEEK 4: FREE EXPRESSION AND HATE SPEECHDue by 11:59 p.m. Sunday, Sept. 12 Read: Chapter 3, pp. 87-137. Listen to: More Perfect podcast, “The HateDebate” (36 minutes) (Warning: There is stronglanguage toward the end. You can skip the last 3-5minutes.) https://www.wnyc.org/story/hate-debate/ Comment and Contribution No. 3: See specificprompts in Canvas.In class2-4 p.m. Wednesday, Sept. 15 Discussion and Exercise: What is hate speech?What are true threats? Materials posted: Exam 1 Study Guide.WEEK 5: CASE BRIEFS, REVIEW, & EXAM 1Due by 11:59 p.m. Sunday, Sept. 19 Unit 1 Case Briefs.In class2-4 p.m. Wednesday, Sept. 22 Exam Review: Study Guide and Q and A toprepare you for Exam 1.Available at 4:01 p.m. Wednesday, Sept. 22 Exam 1.Due by 11:59 p.m. Friday, Sept. 24WEEK 6: LIBEL, PART 1Due by 11:59 p.m. Sunday, Sept. 26 Read: Chapters 4 and 5. Comment and Contribution No. 4: See specificprompts and cases in Canvas.In class2-4 p.m. Wednesday, Sept. 29 Discussion and Exercise: 1) The elements oflibel —our mantra. 2) New York Times v. Sullivanand other cases. 3) Types of plaintiffs and fault.Why do they matter so much?WEEK 7: LIBEL, PART 2Due by 11:59 p.m. Sunday, Oct. 3 Read: Chapter 6. Comment and Contribution No. 5: See specificprompts and cases in Canvas.In class2-4 p.m. Wednesday, Oct. 6 Discussion and Exercise: Libel defenses and theMoab city manager case, and others.
COMM 5300: Mass Communication Law / Feighery5WEEK 8: FALL BREAKWEEK 9: PRIVACY, PART 1Due by 11:59 p.m. Sunday, Oct. 17 Read: Chapter 7. Comment and Contribution No. 6: See specificprompts and cases in Canvas.In class2-4 p.m. Wednesday, Oct. 20 Discussion and Exercise: ExplainingAppropriation and Intrusion cases and applyinglegal tests.WEEK 10: PRIVACY, PART 2Due by 11:59 p.m. Sunday, Oct. 24 Read: Chapter 8. Listen to: This American Life, Episode 675, ActOne, “Anything You Say Can and Will Be Used .on Television” (31 -tv Comment and Contribution No. 7: See specificprompts and cases in Canvas.In class2-4 p.m. Wednesday, Oct. 27 Discussion and Exercise: Private Facts and FalseLight cases and legal tests. Materials posted: Exam 2 Study Guides.WEEK 11: CASE BRIEFS, REVIEW, & EXAM 2Due by 11:59 p.m. Sunday, Oct. 31 Unit 2 Case BriefsIn class2-4 p.m. Wednesday, Nov. 3 Exam Review: Study Guide competition andQ and A to prepare you for Exam 2.Available at 4:01 p.m. Wednesday, Nov. 3 Exam 2.Due by 11:59 p.m. Friday, Nov. 5WEEK 12: INTELLECTUAL PROPERTY, PART 1Due by 11:59 p.m. Sunday, Nov. 7 Read: Chapter 14. Comment and Contribution No. 8: See specificprompts and cases in Canvas.In class2-4 p.m. Wednesday, Nov. 10 Discussion and Exercise: Types of intellectualproperty; copyright infringement; Fair Use.
COMM 5300: Mass Communication Law / Feighery6WEEK 13: INTELLECTUAL PROPERTY, PART 2No C C this week.In class2-4 p.m. Wednesday, Nov. 17 Discussion and Exercise: Applying theInfringement and Fair Use tests to actual copyrightand Fair Use cases.WEEK 14: ADVERTISINGDue by 11:59 p.m. Sunday, Nov. 21 Read: Chapter 15. Listen to: Life of the Law podcast, “Call Now!”(23 minutes) (This is mostly for fun.)http://www.lifeofthelaw.org/2013/06/call-now/ Comment and Contribution No. 9: See specificprompts and cases in Canvas.No class this week—Thanksgiving.Watch the Canvas presentation(and follow up with questions) Canvas presentation: Commercial speech,advertising cases and legal tests, plus advertisingregulation via FTC procedures and remedies.WEEK 15: MEDIA REGULATIONDue by 11:59 p.m. Sunday, Nov. 28 Read: In Chapter 3, pp. 137-146; Chapter 16, pp.644-653. Comment and Contribution No. 10: Seespecific prompts and cases in Canvas.In class2-4 p.m. Wednesday, Dec. 1 Follow-Up: What Qs do you have about Chapter15 on Advertising? Discussion and Exercise: Addressing netNeutrality and political advertising. Materials posted: Exam 3 Study Guides.WEEK 16: UNIT 3 CASE BRIEFS & REVIEW FOR EXAM 3Due by 11:59 p.m. Sunday, Dec. 5 Unit 3 Case BriefsIn class2-4 p.m. Wednesday, Dec. 8 Exam Review: Study Guide competition andQ and A to prepare you for Exam 3.Available at 4:01 p.m. Wednesday, Dec. 8 Exam 3.Due by 11:59 p.m. Saturday, Dec. 11
COMM 5300: Mass Communication Law / Feighery 1 Mass Communication Law . COMM 5300-003 Fall 2021 Hybrid (Canvas) Wednesdays 2-4 p.m., LNCO 1110
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