Media and the Law

UMAR-315-80

Tuesdays 5:30 - 8:30 p.m.

Tulane University College - New Orleans Centre

Spring, 2004

Instructor: Bert Pigg

3900 Canal Street

New Orleans, Louisiana 70119

Ofc. 482-2900 x 2

Hm. 482-2770

Fax 482-1900

Cell 250-0057

wapigg@bellsouth.net

You may contact me at any of the above, at any time. I suggest calling me at my office for quickest results. Next best bet is by e-mail or cell phone. I will respond to any question you may have as soon as I can, but in no event more than 24 hours after I receive a message from you.

Course Description

This course will survey major legal principles underpinning information delivery through various media framed within the context of the First Amendment to the U.S. Constitution. The purpose of the course is to introduce students to major legal issues which routinely confront media providers, emphasizing practical application of relevant legal principles to media delivery. At the end of the course, students will demonstrate problem solving skills through issue identification and application of legal principles thereto.

Required Texts

The required textbook is Wayne Overbeck, Major Principles of Media Law (2004 edition). Weekly reading assignments will be given, highlighting relevant legal principles underpinning a given topic. Approximately 50 pages of reading will be assigned each week. A course pack containing selected court decisions from the U.S. Supreme Court, Federal Courts and Louisiana State Courts is also required. Both books should be available at the bookstore.

Examinations

There will be two examinations; a midterm examination and a final examination. There will also be one 3 page paper I will ask you to write. The midterm examination will be a take home examination and will be assigned on March 16, 2004; with a due date of March 30, 2004 at the beginning of class. You may use only your assigned texts, notes/outline you prepared, and the cases given in class to assist you in writing your midterm examination. You are reminded that Tulane University College operates on the Honor System.

The final examination will be held in class on May 11, 2004. You may use an outline you prepared to assist you in writing your final examination. The final will be curved. The information covered on the examinations will be cumulative. On all your papers, spelling, punctuation and grammar count..

The midterm will be worth 40% of your grade for the course. The final will be worth 30% of your grade. Class participation and your paper will be worth 30% of your grade.

Grading Scale

This course emphasizes issue identification and practical application of relevant legal precepts to

given problems. Therefore, the grading will be objective as related to the correct identification of the legal issues involved, but somewhat subjective as related to the quality of your analysis. In other words, there is no “right” answer beyond correctly identifying the issue I ask you to discuss and articulating the applicable legal rule. What is important is that you construct a well organized and thoughtfully considered answer which applies the correct legal principle to the given facts. The available grades are A, A-, B+, B, B-, etc. If you come to class, read the material, and make an outline which contains a correct statement of the elements of the applicable legal rules, you will not fail this course.

Attendance

I will NOT cancel class for any reason except my hospitalization, laryngitis or a death in my family. If I have to cancel a class, I will make a reasonable effort to contact each of you personally. I schedule my law practice to leave me enough time to make it to class on time. If, for some reason, I am running late due to an office emergency or traffic, I will call the New Orleans Centre Campus and give an ETA. A class will NOT be canceled unless a notice to that effect is posted.

I do not have an attendance policy for you. Obviously, I think you will get a lot more out of this course if you come to class and participate. Remember, 30% of your grade is based on class participation.

Caveat

This class deals with subjects which have been proven to be controversial in our society. Therefore, controversial ideas may be discussed in class, and words which may be construed as offensive to some may be uttered within the context of the topic being discussed.

In my role as your instructor, I have no agenda; political, social, or otherwise. Therefore, do not attempt to try to give me an answer you think I want to hear or read. You are all free to advocate any position you choose as long as we all maintain respect for each other personally and for each other’s opinions.

SYLLABUS

Week 1 - January 20, 2004: Lecture/Discussion regarding the First Amendment and its history; Structure of the U.S. Legal System; “Speech” and its legal components; and ruminations regarding whether Speech should be controlled, and, if so, by whom.

Week 2 - January 27, 2004: Prior Restraint/Censorship of the Press.

Read: Overbeck Chapter 3

Cases: Near v. Minnesota

Byers v. Edmondson

Week 3 - February 3, 2004: Newsgatherer Privilege

Read: Overbeck Chapter 8

Cases: U.S. v. Branzburg/Caldwell

Farr v. Pitchess

Louisiana Statutes re Media Privilege

Week 4 - February 10, 2004: Defamation

Read: Overbeck Chapter 4

Cases: NY Times v. Sullivan

Mashburn v. Collin

Cangelosi v. Schwegmann

Week 5 - February 17, 2004: Movie: “Absence of Malice”

Week 6 - February 24, 2004: No Class - Happy Mardi Gras

Week 7 - March 2, 2004: Copyright

Read: Overbeck Chapter 6

Cases: Campbell v. Acuff-Rose

Week 8 - March 9, 2004: Obscenity/Indecency

Read: Overbeck Chapter 10

Cases: Reno v. ACLU

Miller v. California

Week 9 - March 16, 2004: Advertising/Commercial Speech

Read: Overbeck Chapter 13

Cases: Central Hudson Gas

Greater N.O. Broadcasting Assoc. v. U.S.

44 Liquormart v. Rhode Island

Assign Midterm

Week 10 - March 23, 2004: Privacy

Read: Overbeck Chapter 5

Cases: Snippets Collected in Case Book

Week 11 - March 30, 2004: Ownership, Ethics and Antitrust Issues

Read: Overbeck Chapter 12

Cases: Kansas City Star v. U.S.

Times Picayune v. U.S.

Midterm Due at Beginning of Class

Week 12 - April 6, 2004: Movie: “Quiz Show”

Assign Paper

Week 13 - April 13, 2004: Regulation of the Electronic Media

Read: Chapter 11

Paper Due

Week 14 - April 20, 2004: Internet and New Media

Read: Overback Chapter 11

Week 15 - April 27, 2004: TBA + Outline Preparation

Week 16 - May 4, 2004: Movie: “Network”

Week 17 - May 11, 2004: Final Examination: 5:30 - 8:30 p.m.