last updated 04/17/2003
Summer 2000
Professor Corcos
Room 424
Louisiana State University Law Center
Tel: 388-8846
Office Hours Mondays 3-5 and by appointment
| OTHER MATERIALS AVAILABLE TO ASSIST YOU |
Marc A. Franklin, David A. Anderson, and Fred H. Cate, Mass Media
Law: Cases and Materials (6th ed., Foundation Press, 2000)
Other materials available from the instructor.
Throughout the syllabus I have created links to material that may be helpful to you. These links are just a sample of what is available on the Net. Remember, too, that not all useful information appears on the 'Net! Knowing the techniques and skills of legal research in any format can save you time and get you to the information you need effectively.
This course will focus on two specific areas of media law: 1) the limits of a free press
and the balance between the right to publish and the right to privacy in a democratic
society and 2) the limits of a free press and the right to a fair trial in a democratic
society. While we will be discussing U.S. federal and Louisiana state law for the
most part, we may also examine some recent foreign cases and international materials.
I will base your grade on either a final examination OR a paper
(approximately 80% of your grade), one
research and writing assignment (approximately 20% of your grade), and class
participation (3 additional points, plus or minus). Students doing the paper for writing
requirement must comply with all the requirements for such a paper including but not
limited to presenting me with an outline, bibliography and first and final drafts.
If you decide to write a paper, please make an appointment to see me about your choice of topic. If you are doing your paper for writing requirement credit, the Law Center has certain rules and guidelines which you need to be aware of. If you are not, you will still need to choose an appropriate topic and discuss it with me.
I expect you to attend class faithfully and do the readings no matter which option you choose. I will notify you in advance of what weeks you will be "on call" to participate in class discussion. If you are absent without a good excuse on a day that you are "on call", you will receive a 45 for class participation for that day. If you must be absent at a time for which you are "on call" please let me know ahead of time and I will you assign another time during which you will be "on call."
I expect you to behave professionally while in class. Professional behavior includes but is not limited to adherence to all Law Center rules. Please wear proper attire, and arrive on time and prepared.
A word to the wise: I know that you are entitled to a certain number of "cuts" during the course of the semester. I also understand that there is a great temptation to take all the cuts you are allowed. But over the past several years we have had several instances of students who did that, and then ran into trouble when they accidentally missed additional classes. In a couple of cases, this meant that they lost credit for the course and could not graduate on time, a high price to pay to enjoy the summer weather!
SCHEDULE OF READINGS AND DISCUSSIONS
Even given the limited scope of this course, we will have a lot of material to cover. As
the semester progresses, therefore, I may adjust the amount of time given to certain
readings or drop some altogether. We will also have some guest speakers; these events may
also alter the schedule of readings and discussions. There will also be one required
research assignment and memo for which you will have additional
instruction from the law library faculty and the research and writing
faculty.
For the first class on June 14, please read over the following pages: 2-59; 62-82, paying particular attention to the following cases: Near v. Minnesota; U.S. v. The Progressive, and R.A.V. v. City of St. Paul. Consider the following questions: how do courts identify a "prior restraint"? Under what circumstances are they presumptively unconstitutional? Can you think of situations in which they might be found constitutional? Please also read over the Alien and Sedition Acts (handout available from Mrs. Bland in Room 426).
July 20 Final exam; all papers due.
END OF THE COURSE!
HAVE A GREAT REST OF THE SUMMER!
OTHER MATERIALS AVAILABLE TO ASSIST YOU
N.B.: When using any information source, including websites,
remember to assess the source's credibility and authoritativeness by asking these questions
among others: Who is intellectually responsible for it? How often, how comprehensively and
how accurately is it updated? Does it present its own and other opinions and evidence
fairly? Can you verify the information it provides independently?
OTHER MATERIALS AVAILABLE TO ASSIST YOU
N.B.: When using any information source, including websites, remember to assess the source's credibility and authoritativeness by asking these questions among others: Who is intellectually responsible for it? How often, how comprehensively and how accurately is it updated? Does it present its own and other opinions and evidence fairly? Can you verify the information it provides independently?
MEDIA LAW ASSOCIATIONS AND ORGANIZATIONS (INCLUDING LAW SCHOOL WEBSITES)
The Daily Howler. Looking for the next big media scandal? You might find it here.
FOR CURRENT EVENTS AND ISSUES
The New York Times and Washington Post cover media issues in depth. Brill's Content is a monthly publication devoted to examining the media and its warts, and provides a useful counterpoint to traditional publications.
RECENT LAW REVIEW ARTICLES ON MEDIA LAW
Some of these articles may give you ideas for a paper topic.
Bell, Bernard W., Secrets and Lies: News Media and Law Enforcement Use of Deception as an Investigative Tool, 60 U. Pitt. L. Rev. 745 (1999).Bohorquez, Fernando A., Jr., The Price of Pics: The Privatization of Internet Censorship, 43 N. Y. L. Sch. L. Rev. 523 (1999).
Calvert, Clay, The Voyeurism Value in First Amendment Jurisprudence, 17 Cardozo Arts & Ent. L.J. 273 (1999).
Chanda, Alfred W., Freedom of Expression and the Law in Zambia, 30 Zambia L.J. 123 (1998).
Chi, Emily C., Star Quality and Job Security: The Role of the Performers’ Union in Controlling Access to the Acting Profession, 18 Cardozo Arts & Ent. L.J. 1 (2000).
Corran, Lizabeth M., Note: Odd Man Out: Political Debates and the First Amendment After Arkansas Educational Television Commission v. Forbes, 43 St. Louis L.J. 1419 (1999).
Donham, Parker Barss, An Unshackled Internet: If Joe Howe Were Designing Cyberspace
Garon, Jon M., Media & Monopoly in the Information Age: Slowing the Convergence at the Marketplace of Ideas, 17 Cardozo Arts & Ent. L.J. 491 (1999).
Howard, Alison P., Comment: A Fistful of Lawsuits: The Press, the First Amendment, and Section 43(a) of the Lanham Act, 88 Calif. L. Rev. 127 (2000).
Kang, Jerry, CYBER-RACE, 113 Harv. L. Rev. 1131 (2000).
Klindera, Eve, Qualified Immunity for Cops (and Other Public Officials) With Cameras: Let Common Law Remedies Ensure Press Resposibility, 67 Geo. Wash. L. Rev. 399 (1999).
Major, Marie-France, Comparative Analogies: Sullivan Visits the Commonwealth , 10 Ind. Int’l & Comp. L. Rev. 17 (1999).
Marsden, Christopher T., Regulating Media Owners in Digital Television: Lessons from U. K. Analogue Policy Formation, 17 Cardozo Arts & Eng. L.J. 659 (1999).
Mulei, Christopher, The Parliament and Media in Kenya, from the Africa Law Review, issue 74
Tingley, Charles, Reputation, Freedom of Expression and the Tort of Defamation in the United States and Canada: A Deceptive Polarity, 37 Alb. L. Rev. 620 (1999).
SELECTED INTERNET AND TECHNOLOGY SITES
INTERESTING HISTORICAL MATERIALS
Seditious Libel
Australia
New South Wales
Croatia
England
Rex v. Wilkes( from the Founders' Constitution, available in the Law Library Reference Collection at KF 4502 .F68 1987)
United States
The Zenger Case
Looking for something interesting to write about? These law review articles and websites show there's plenty new under the sun.
Tushnet, Rebecca, Legal Fictions: Copyright, Fan Fiction and a New Common Law
Veggie libel. Several states, including Louisiana, have "veggie
libel" statutes, making it illegal to disparage agricultural products. Are these
statutes constitutional? For the text of the Louisiana statute, see La. RS 3:4501 et
seq.
North Carolina recently passed legislation intended to bring some
accountability to political campaigning. N. C. Gen. Stat. § 163-278.39A (1999)
specifically states that "Television advertisements purchased by a candidate or by a
candidate campaign committee
supporting or opposing the nomination or election of one or more clearly identified
candidates shall include a disclosure statement spoken by the
candidate and containing at least the following words: "I am (or "This is
") [name of candidate], candidate for [name of office], and I (or "my
campaign ") sponsored this ad." This subdivision applies only to an
advertisement that mentions the name of, shows the picture of, transmits
the voice of, or otherwise refers to an opposing candidate for the same office as the
sponsoring candidate." Further, "[t]elevision advertisements purchased by a
political party organization supporting or opposing the nomination or election of one or
more clearly identified candidates shall include a disclosure statement spoken by the
chair, executive director, or treasurer of the political party organization and containing
at least the following words: "The [name of political party organization] sponsored
this ad opposing/supporting [name of candidate] for [name of office]." The disclosed
name of the political party organization shall include the name of the political party as
it appears on the ballot. " There are also regulations for PACs (Political Action
Committees. Do you see any constitutional problems with this kind of legislation? Is it a
workable idea? Is it advisable?
Self censorship in the media
Smoke in the Eye (Discussion of the coverage of the tobacco industry)
Deregulation and the Public Interest
Media Bias
Accuracy in Media (AIM)(conservative)
Fairness & Accuracy in the Media
Media Mergers and Monopolies
The AOL/Time Warner Merger: for up to date online information use google or another search engine. The google web directory provides links at http://directory.google.com/Top/News/Current_Events/Media_and_Free_Speech/Consolidation_and_Monopoly/AOL_and_Time_Warner_Merger/.
For other commentary see Wendy Grossman, Dangerous Liaisons
The CBS/Viacom Merger. The google web directory provides links at http://directory.google.com/Top/News/Current_Events/Media_and_Free_Speech/Consolidation_and_Monopoly/CBS_and_Viacom_Merger/.
Other topics might include radio/television station mergers, movie studio/cable mergers, telephone/internet service provider mergers.
See also Big Media Is Not Always Better, A Policy Maker's Guide to Deregulating Telecommunications (part 6), Media Concentration in the United States, Double the Dumb (about the CBS/Viacom merger)
Internet and media ethics; traditional journalism and the Internet
Do/should traditional ethics and law apply to Internet publications such as Slate and Salon? What about the Internet sites of traditional format publications such as the Washington Post? Should the defense of "hot news" carry more protections or be expanded to cover the needs and realities faced by online publications?
Images of media law in film and on television
Newspaper and television reporters are common characters in popular culture (and in comics: the comic strip Shoe is about a newspaper). What legal situations do they get themselves into and how do they resolve them? What messages do films and tv series about the media send about their interaction with our legal system?
Resources: List of films and television series about the media, Bibliography
The media and its use of "hot stories" in popular culture
Is the media "out of control" when it comes to "docudramas" and the use of today's headlines as fodder for storylines for tv and films? Does the media routinely distort these stories and if so, is the distortion simply dramatic license or something else? Should the media be held accountable for any or all harm resulting from such distortion in all circumstances? In some circumstances?
Privacy on the Net. Possible topics: should the development and/or use of "anonymizing" software be regulated?
Need help with research and writing? These websites and other materials can help you get started.
Legal Research and Writing (web lecture by Michael Geist)
Writing a Law Review Note (web lecture by Michael Geist)