COURSE TITLE:Journalism Ethics and First Amendment Law
Spring 2017; JOUR-UA 502-002
Wednesdays - 6:20-8:50 P.M; Silver 414
Adjunct Professor George Freeman
Description:
This course is designed to acquaint students with the basic protections and restrictions of the law as they apply to the media, as well as the ethical problems and dilemmas journalists face. First Amendment rights and legal and ethical responsibilities and limitations will be examined and discussed. The course will look at these questions from five viewpoints: from (i) the practical view of a journalist doing his job with (ii) heavy consideration of ethical imperatives, and (iii) from a legal prospective, all the while (iv) considering the rules in a public policy context—are they fair and appropriate in our society?—while (v) noting the historical context in which they arise. Significant court cases and fundamental legal rules as well as past ethical scandals and issues will be explored in the context of political and historical realities, and in terms of journalistic standards and practices; contemporary media law issues and ethical problems and guidelines will also be focused on. Among the basic First Amendment issues which will be examined are libel, invasion of privacy, prior restraints, newsgathering and newsgathering torts, the reporter’s privilege; some of the ethical issues to be explored include objectivity in reporting, bias and transparency, conflicts of interest, and fair dealings with subjects, sources and advertisers.
Readings:
The basic assigned text is A Practical Guide to Media Law by Ashley Messinger (Pearson 2015). Also assigned is Make No Law by Anthony Lewis (Random House, 1991) (in paperback). Case studies from Thinking Clearly: Cases in Journalistic Decision-Making by Rosenstiel and Mitchell (Columbia Univ. Press.) will be assigned. These 3 books should be purchased and are available (in paperback) at the bookstore. In addition, other short, related articles will be assigned during the term.
Course Requirements:
Students’ final grades will be a combination of four different elements of their performance: (1) short papers to be assigned from time to time on relevant topics; (2) an in-class mid-term test; (3) a take-home final exam; (4) class participation.
It is expected that the papers will be handed in on a timely basis; grades will be lowered if papers are late. Class participation is of extreme importance. Students are expected to complete their readings before class and come prepared to discuss the material. Participation includes attendance, knowledgeable and insightful discussion of the readings and relevant concepts, as well as performance in specific classroom presentations.
George Freeman
212-337-0200, x206
First Amendment Law and Journalism Ethics
Spring 2017 – Wed. 6:20 P.M. - 8:50 P.M. Silver 414
Adjunct Prof. Freeman
Week 1 1/25Introduction to the Course and to the Legal System
Text, Chapter 1
Week 2 2/1Prior Restraints and the Pentagon Papers
Text, Chapters 14-15
Lewis Chapters 8-10
Freeman article
Frankel Affidavit
American Lawyer article
Oral Presentation: To Broadcast or Not to Broadcast
National Security Info?
Week 3 2/8Introduction to Journalistic Ethics
Text, pp. 292-300
The New York Times Journalism Ethics Policy
(
NYT Integrity Guidelines
Case Studies in Rosenstiel & Mitchell: (Sen. Joe McCarthy
and Monica Lewinsky cases)
Short Paper Due: Pick 2 Issues
Week 4 2/15Introduction to the First Amendment and First Amendment
Limits; Ethics—Case Studies
Text, Chapter 2
Bill Keller speech at University of Michigan
Funeral/Gay Protest amicus brief
Introductory Paper Due: Your Libel Rules
Oral Presentation: Ethics Case Studies
Week 5 2/22Elements of Libel
Text, pp. 23-40
Lewis Chapters 1-5
Week 6 3/1Constitutionalization of Libel and Defenses of Libel Claims
Text, pp. 40-61
Lewis Chapters 11-16
Class Exercise: Tix Fix Nix Dix
Alternative Short Paper Due: Public and Private Figures
Week 7 3/8Libel: Fault Standards—Actual Malice and Negligence
Freeman article re: Defamation
Lewis Chapters 17-19; Appendix 2 (Times v. Sullivan)
Group Project Due: Libel Analysis of Mud Hens Article
Week 8 3/22Invasion of Privacy
Text, Chapters 4-5
Shulman decision (to be handed out)
Alternative Short Paper Due: Liability for Truthful but
Embarrassing Private Facts?
Oral Presentation and TV Showing: Shulman
Week 9 3/29MID-TERM TEST
Week 10 4/5Newsgathering Torts
Text, Chapter 12
Food Lion Case Study
Bartnicki v. Vopper
Oral Presentation: To Broadcast or Not to Broadcast
Election Staff Meeting?
Week 11 4/12Ethical Questions in Newsgathering
Text, pp. 118-125
Case Studies in Rosenstiel & Mitchell (Columbine and
Minnesota basketball cases)
Paper Due: Reporting Tactics on Cigarette Co./Little
League Bus Accident Photo
Week 12 4/19The Reporter’s Privilege; Ethical Questions in Relationships
with Sources
Text, Chapter 13
NYT article, 10/16/05 re Judy Miller reconstruct by
VanNatta, et al.
Week 13 4/26Access to Courts and Information
Text, Chapter 11
Oral Presentation: Cameras in the Courtroom
Team Exercise: Ranking Access
Week 14 5/3Copyright
Text, Chapter 6, pp. 126-131
Catcher in the Rye brief