Emerson College - Department of Journalism

Journalism Law and Ethics

JR 290-02 – Spring 2010

LAW MODULE
Wednesdays 6:00-9:45 p.m. – March 17 – May 5, 2010

NOTE: This Syllabus contains only the requirements for the Law module, which covers the first
half of the semester. You will need to obtain the requirements for the Ethics Module from the Ethics
Instructor, Joe Pereira: joe.pereira@wsj.com

Law Instructor:

Marc J. Cantor, Esq.

(617) 523-4455
mcantor@cfdlaw.com or marc_cantor@emerson.edu

Office Hours:

By Appointment

Required Texts:

• Don R. Pember & Clay Calvert Mass Media Law, McGraw-Hill, 2009/2010 edition
• Handouts (to be distributed in class or on WebCT)

Course Description & Objectives:

This course will offer a critical examination of the legal system and its relationship to the press. Students
will gain an understanding of journalists’ legal rights and vulnerabilities in order to better assess their
professional risk and to assist them in newsgathering. The class will provide students with a foundation
of case law that explores key areas of concern in media law (with an emphasis on defining what
journalists are allowed and not allowed to do), it will also introduce students to our legal system and the
practice of law.

Through the lens of key areas of concern in media law, the students will be introduced to our legal
system, the practice of law, and more specifically, the statutory and case law that most affects a
journalist. Topics include First Amendment rights, and in particular press freedom and freedom of
assembly, defamation, privacy rights, and laws affecting newsgathering, such as protection of sources,
access to information, and rights in the digital age.

Course Requirements:

• Text Assignments

Students will be responsible for having read all assigned reading. In addition to the required text (see
course outline attached), there will be additional assigned handouts. There will also be additional
assignments during the semester.

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• Examinations

The Law Module will have one exams – a final exam based on the textbook, handouts and class lectures.
The format of the exam will be a mixture of true and false, short essay and multiple-choice. While these
exams will be take-home, independent work is required. More information will follow.

• Class Presentation

Time depending, each student may be required to make one 15-20 min. in-class case study presentation
on a topic pertinent to the particular week’s topic, and field questions from other class members. The
presentation will require an explanation of the case history, facts, issues, and decision, an inquiry into
the application of the case to seminal cases on the topic. Students will be required to prepare a 1-2 page
outline of the presentation. More information will be provided.

• Class Lectures & Discussion

Class time will be a combination of lecture, discussion, media, and student presentation. Although a
significant portion of class time will be lecture based, I believe that much in-class learning should be
collaborative. To that end, student shall be expected to be prepared, and should anticipate being called
upon to answer questions or initiate discussion. Until I become familiar with you by face and name, you
may be required to use the same seat each week.

• Attendance Policy

The law is an unfamiliar, and often difficult, topic for most people. Reading the textbook alone is not
enough to fully understand how our complex legal system works and how reporters can properly use it to
assess professional risk and/or engage in newsgathering. As a result, the classroom lectures and
discussions are critical to your educational process.

As this course meets less frequently than most 4 credit courses (each weekly, 3.5 hour class being equal
to at least 2 classes/week), missing any one class has a significantly greater impact on the educational
process. Poor attendance may adversely affect one’s final grade and could result in failure. To insure
good attendance, please note the following attendance policy: Two percentage points will be subtracted
from your final score for every class missed beyond 1 (1 point for half class).

You will be required to sign in twice during each class – once at the beginning and once after a break.
You must sign in for yourself. DO NOT sign in for anyone else, even if that person is present in the class.
If I learn that you have signed someone else’s name, I will deduct two percentage points from your final
grade.

• Evaluation

Your Law Module Grade will be 50% of your grade for the entire semester course. For the Law
Module portion, grades will be based upon the following weighting system:

Exam 70%
Assignments 15%
Attendance and Class Participation 15%

Disability Statement:

If you believe you have a disability that may warrant accommodations in this class, I urge you to
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register with the Disability Services Coordinator, Dr. Anthony Bashir at 216 Tremont Street, 5 floor
(617-824-8415), so that, together, you can work to develop methods of addressing needed
accommodations in this class.

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Department Policy Against Plagiarism:

There is nothing more central to the credibility of journalism and the trust of readers,
listeners and viewers than the implicit promise of every writer to every reader that
the information provided is real, original and truthful. Journalists who make things
up, or who steal the work of others and pass it off as their own, undermine not only
their own careers but the public's trust and thus the credibility of their entire
profession. This department will not tolerate fabrication or plagiarism. Any students
caught violating the trust between writer and reader by making up quotes or
sources, or by presenting the work of others as their own, will automatically fail this
course and face possible suspension from the college. If you have any question
about how to attribute appropriately, quote appropriately or footnote appropriately, it
is incumbent on you to consult your professor. Ignorance is not a defense against
cheating. The department's standard is based on the Emerson College plagiarism
policy, which states in part, "the attempt of any student to present as his or her own
work, the work of another or any work which he or she has not honestly performed ...
renders the offender liable to immediate suspension.”

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 JR 290-01 Syllabus – Spring 2010 - Tentative
Week Date Topic Text Assignment
1 Mar 17
Intro to Class: Why do we need course in media In class handouts
law?
Video excerpt: The Daily Show or Journeys With George Chapter 1

Introduction to the American Legal System

2 Mar 24
First Amendment Chapter 2,3

Video excerpts: Civil Action & My Cousin Vinny ; NBC News:
The First Amendment

Freedom of the Press/Prior Restraint

3 Mar 31
Defamation Chapters 4, 5 & 6

Video excerpt: The Today Show: Death of Richard Jewell

Defamation Defenses

4 Apr 7
Privacy Torts Chapter 7, 8

Video excerpt: NBC News: The Paparazzi Chapter 5

Intentional Infliction of Emotional Distress (pp. 199-202)
Video excerpt: People vs. Larry Flynt

5 Apr 14
Intro to Newsgathering/Access to Places Chapter 8, 9

Other Newsgathering Torts (pp.302-317)
Video: Prime Time Live: Hidden Cameras, Hard Choices

6 Apr 28
Newsgathering Issues: Protecting Sources Chapter 10

Video excerpts: NBC News: Deep Throat; Daily Show Chapter 9

PBS/Frontline Video: News War: Secrets, Sources & Spin, Part (pp. 318-354)
1

Newsgathering Issues: Access to Information
Video excerpt: WCVB: Open Meeting Law dispute
PBS/Frontline Video: News War: Secrets, Sources & Spin, Part
II

7 May
Newsgathering Issues: Access to Courts

Video excerpts: MSNBC (Scott Peterson Trial), Daily Show Chapters 11 & 12
(Michael Jackson Trial), NBC News (Cameras in the Courtroom)

Copyright
Video excerpts: The Today Show, NBC News, Dave Letterman,
Ellen DeGeneres Show Chapter 14

Commercial Speech/Advertising Chapter 15

Telecommunications Regulation Chapter 16
Video excerpt: The Daily Show (Lewis Black on VNR’s)