![]() |
have a question? email the prof @ bc at berry.edu
Week-by-week | Course blog | U.S. Supreme Court blog | RCFP news | Class photo
Note: This page will change; please refer to it frequently (and not merely print it out the first week of class).
Lose your paper syllabus? Download another one
In COM 416 we will examine the delicate balance that exists between freedom and control of media in the United States. The First Amendment of the U.S. Constitution is the major guarantee of freedom of expression. Because the courts, especially the U.S. Supreme Court, are ultimately responsible for interpreting the First Amendment and maintaining the balance between freedom and control, our study will focus on judicial decisions and reasoning. It is essential to recognize, though, that other very significant sources of press freedoms and controls exist. Therefore, we also will consider other factors that influence the balance between freedom and control of mediated communication, including statutory law, executive and administrative actions, and ethical concerns. Non-Communication majors, please note that this course does not take a case study approach, though judicial case review is an emphasis.
Pre-reqs: RHW 102, COM 220, or CI.
Course objectives:
"Congress
shall make no law respecting an establishment of religion or prohibiting the
free exercise thereof; or abridging the freedom of speech, or the press; or
the right of the people peaceably to assemble, and to petition the Government
for a redress of grievances."
--The
First Amendment of the U.S. Constitution
What you will need (required):
What you
may want (not required):
Stuff you need to know:
Instructor: Dr. Brian Carroll
Office: Laughlin Hall 100
Office phone: 706.368.6944 (anytime)
Email: bc@berry.edu
Home page: cubanxgiants.berry.edu
Office hours: MWF 11am-noon and 1-2pm, T/TH 10:30am-12:30pm, or by appointment, or just drop in
Course
website and online syllabus (refer to it daily; do not merely print
it out the first week of class; it will change): cubanxgiants.berry.edu/416
Course blog: http://berrylaw.blogspot.com (for
posts related to our class discussions, legal news of the day, and sources
and items that might benefit your research projects)
Methods of Instruction
This class will combine lecture with discussion, research, and writing, including a writer’s workshop. You should read the assigned chapters and cases before you come to class to be prepared to participate in discussion. You will also conduct independent research and write a sustained legal argument on a communication topic of your choosing. Please note that for each credit hour of registered coursework, Berry expects students to commit two hours of outside engaged learning (readings, safaris, projects, etc.). Because this is a three-credit hour course, successful students should expect to spend three hours per week in-class and a minimum of six hours of class engaging in learning activities and studying.
POLICIES
Attendance: Be on time, just as you would for a job, surgery, or even a haircut. Everyone gets one unexcused absence or late arrival, maybe two, with no questions asked. Stuff happens. After that, however, unexcused and/or unexplained absences and/or lateness will result in point deductions from the "professionalism and participation" portion of your grade -- one point for each unexcused absence and/or late arrival. And late is late, one minute or 10 minutes. What is excused is at the instructor's discretion, so you are best served discussing situations and extraordinary circumstances prior to class whenever possible. Medical attention typically is excused. Weddings, family reunions, vacations, job interviews, grad school visits, Winshape retreats, your roommate’s birthday? These are NOT typically excused, so save your free pass(es) for these non-curricular excursions.
Late submissions (deadlines): Submit assigned work on time in the format proscribed. Do NOT email the professor your work; he does not offer a printing service. Similarly, posting your assignment somewhere in Canvas will not “count†as making deadline. Late work, including any work submitted any other way than that which is specified and, therefore, authorized, will be penalized one letter grade per class session. Work submitted a week or more after deadline will not be eligible for points. In-class quizzes cannot be made up, regardless of the reason it was missed. The instructor is very reasonable when consulted PRIOR TO deadlines. Finally, please appreciate that deadlines are also for instructors, so that we can move on with our lives, as well.
Email etiquette: Related to the above, when emailing your instructor, please appreciate that he is a person, not a vending machine for information, grades, etc. Begin each email with an address and a greeting, something like, “Dear Dr. Carroll. I hope this finds you well.†This is courteous, and it doesn’t take much time to write. It is also polite to thank someone for whatever was provided in response to a request. Email is the authorized communication channel for faculty and students at Berry, so you are responsible for checking your email and promptly responding to your instructors as needed or requested.
Distractions: The instructor needs your attention and your respect, as do your peers seated near or around you. Your instructor is easily distracted, so he needs your help. Practically, this means:
Decorum: Related to the distractions described above, please remember that the classroom is the professor’s and your fellow students’ workspace and our shared learning space. It’s not your living room or den, in other words. You cannot, therefore, come and go as you please. Go the bathroom BEFORE you come to class. If nature SCREAMS, ask for permission to (briefly) exit the classroom, perhaps with eye contact and a head nod. Chronic bathroom escapes and/or lengthy disappearances will result in deductions from the professionalism portion of the course grade.
Academic integrity: Because academic integrity is the foundation of college life at Berry, academic dishonesty will have consequences. You are invited to consult the College Catalog for an articulation of the College’s policies with respect to academic integrity. Specific to this course, academic dishonesty includes but is not limited to: unauthorized collaboration, fabrication, submitting the same work in multiple courses, hiring a ghostwriter, asking an AI generator to write something for you that you later submit, failing to cite sources for your research (and, therefore, submitting others’ work as your own), consulting non-authorized sources or texts during an exam period, and aiding and abetting academic dishonesty by another student. Violations will be reported. Students who are sanctioned for violating the academic integrity policy forfeit the right to withdraw from the class with a grade of “W.” Attached to the course syllabus is the pledge of academic integrity you will be asked to sign for most major assignments.
Class recording (Zoom): Per Berry policy, students are required to attend class in-person. Classes will not be available for remote learning, at least not regularly or without advance warning and authorization. Any recordings will only be available to students registered for this class and cannot be re-transmitted, distributed, or otherwise shared without the expressed, written consent of the instructor, who owns the copyright to the intellectual property contained in or by the recording.
How you will be graded:
Two exams | 25% each |
Research paper | 40% (breakdown below) |
Professionalism and participation | 10% |
Total |
100% |
To compute your final grade, add up your point totals, apply the appropriate percentages, then refer to the grading system summarized here:
|
Definitions of the grades can be found in the Berry College Bulletin. “A” students will demonstrate an outstanding mastery of course material and will perform far above that required for credit in the course and far above that usually seen in the course. The “A” grade should be awarded sparingly and should identify student performance that is relatively unusual in the course. |
Course assignments
Exams: The types of questions on exams vary quite a bit, drawing upon multiple choice, short answer, matching, and essay questions. More clarity about what sort of exam you will be administered will be provided closer to those examination dates. A study guide likely will be provided, but appreciate that it is not a student “right.â€
Research paper: Students will choose a media-related law topic, typically a court case that has not (yet) been decided by the U. S. Supreme Court. Students will argue one side or the other, however in this course we are champions of the First Amendment, the bedrock of democracy and of a free press. Students will need to read the actual court documents; these are the primary sources. Students will base arguments on research found in peer-reviewed law journals and law reviews; these are the secondary sources. This paper will, therefore, be persuasive in nature, demonstrating research in support of a legal position on a media-, privacy-, or Frist Amendment-related legal issue. AI collaboration will be permitted, but only in particular ways, so do not begin using genAI without specific instructions and parameters from the instructor.
The paper should be typed in 12-point Times New Roman, with double-line spacing and a length of between 10 and 15 pages, not including “extras†(title page, bibliography, exhibits, etc.). Style guidelines will be discussed in class, but generally the style selected is up to the author. Your topic and argument must be approved by the professor, which is to protect you. A full bibliography must accompany the paper or the paper will not be graded. Copies of the full peer-reviewed articles might be requested, as well. All paper submissions will generate a TurnItIn report, available via Canvas, which includes a check on the use of genAI. Keep in mind that Grammarly and software like it deploy AI. Examples of each and every component of this research and writing project are posted on the course website.
The 40% weight assigned to the research project breaks down in this way:
topic/paper title (the name of your dish) | 10 points |
paper outline (your recipe) | 10 points |
tentative bibliography (a list of your ingredients) | 15 points |
rough draft & peer editing (doing some cooking) | 15 points |
final paper (your dish) | 50 points |
total |
100
points |
Your final point total (X/100) will be multplied by .40 to yield the 40% component of your final course grade.
Academic Success ResourcesConsultants at the Berry College Writing Center are available to assist students with all stages of the writing process. To schedule an appointment, visit berry.mywconline.com. The Academic Success Center provides free peer tutoring and individual academic consultations to all Berry College students. The ASC Session schedule is available on ASC Website: berry.edu/ASC.
Accommodation Statement
The Academic Success Center provides accessibility resources, including academic accommodations, to students with diagnosed differences and/or disabilities. If you need accommodations for this or other classes, please visit berry.edu/asc for information and resources. You may also reach out at 706-233-40480. Please note, faculty are not required, as part of any temporary or long-term accommodation, to distribute recordings of class sessions.
Finally, I believe we are here for a good time, not a long time, so let’s have some fun!
Calendar |
Topics
& Cases |
Readings/Assignments |
Week 1: Aug. 25 |
Introductions, syllabus, key course concepts What is law for? What does it do? How does it do these things? The Rule of Law and the American Legal System |
Read:
Course outline and syllabus; Trager textbook, Ch. 1; Jefferson
on religious freedom
>Meet USSC justice Sonia Sotomayor |
Week 2: Sept. 1 |
The First Amendment No class Monday: Labor Day |
Read: Trager,
Ch. 2; Bill
of Rights; Areopagitica by John Milton (.pdf download) | Justice Clarence Thomas & stare decisis
| Analysis of Thomas's opinions
|
Week 3: Sept. 8 |
The First Amendment
Special guest Monday: Jeremy Worsham, for help with Westlaw database. Our test case for modeling purposes, should you wish to read up on it concerns government use of social media |
Read: Trager, Chs. 2 & 3; Three Principles of Academic Honesty (Word .doc) View: Plagiarism tutorial Due Friday: Topic/paper title. Typed up, printed out and turned in (no email) Sample
paper topic submission (1) (PDF) |
Week 4: Sept. 15 |
Incorporation and Incitement (handout here) Cases: The Red Scare (The Smith Act): McCarthy hearings |
Read: Trager, Ch. 3 Due Wednesday: Topic submission re-submits |
Week 5: Sept. 22 |
Incitement (NY Times on the impeachment), finishing up incorporation |
Read: Trager, Ch. 3 Due Wednesday: Research paper bibliographies. Typed up, printed out (no emailed submissions, please). Sample
law paper bibliography (need at least 5 peer-reviewed or refereed
law review/journal articles) Rubric for bibliography (PDF) |
Week 6: Sept. 29 |
Freedom of expression in our schools (speech and dress codes, protest, student media, school regulation of private social media conent) Test case: Penn State and The Daily Collegian Resources: Hazelwood v. Kuhlmeier; Hosty v. Carter |
Read:
Ch. 3
Due Monday: bibliography re-submits. Typed up, printed out (no email submissions, please). Artifacts: Stealing newspapers is in fact theft | A new low in student press freedom, at UK | Women's team response, in the Harvard Crimson | Award-winning podcast from University of Oklahoma on expression rights at a public university | Sex issue at Washington University | Wesleyan newspaper has funding cut update |
Week 7: Oct. 6 |
Obscenity & indecency | Hate speech | Whistle-blowers | Speech codes | Offensive speech | Murderabilia | Critical Race Theory, book banning & the marketplace of ideas Resources: Post-election, hate-motivated campus incidents | RAV v. St. Paul |
Read: Trager, Chs. 3, 10
Listen to The Daily on Gonzalez and pressures on Section 230 of the CDA and, by extension, on social media platforms; Read the best handout of the course: Tips for better law papers (PDF) Due Monday: paper outlines. Typed up, printed out and turned in (no email). Sample
paper outline 1 (Word .doc) Due Friday: outline re-submits, if any |
Week 8: Oct. 13 |
Finishing up hate speech, obscenity, whistleblower protections Libel (a contemporary-ish example) Cases: Gertz v. Welch | Cases: New York Times v. Sullivan | the Times ad |
Monday: Read Adam Liptak on the Counterman v. Colorado decision (USSC) Midterm Friday (up to libel; no alternate dates, so don't make travel arrangements that conflict ) Study guide| Past exam chosen virtually at random |
Week 9: Oct. 20 |
Finishing up libel Privacy Where would you draw the line? and 12 million phones: Zero privacy From the New York Times's Privacy Project | Facial recognition scraping and the death of privacy | Disney and faceprints No Class Monday: Fall Break |
Read: Trager, Chs. 4-5; BC's journal article on anonymous online speech that defames; John Oliver on SLAPP suits and anti-SLAPP suit laws | How to cite a law case; Trager, Ch. 6 Artifacts: The Right to Be Forgotten (John Oliver) | Do Not Track collaborative documentary project | Publication of Private Facts on NPR | Has FB allowed a breach of your privacy? (The Chronicle of Higher Ed) | Opt-in/opt-out: New rules for broadband providers |
Week 10: Oct. 27 |
Gathering Information, Source
Confidentiality, Shield & Reporter's Privilege, Sunshine Laws
Cases: Branzburg v. Hayes Dr. Carroll's column on Florida's Anti-Woke Statute |
Read: Trager, Ch.
7
Due Wednesday: smooth drafts to the prof; workshop partners get them Monday Sample
paper 1 (Word .doc) Law paper checklist (Word .doc) Resources: Freedom of Information Act wiki from RCFP | Georgia Sunshine Laws | Freedom of Information Act | How to File a FOIA Request | ACLU guidelines for "Know Your Rights", including in public spaces/protests | CQ on federal shield law (pps. 1-15); Article on protecting sources (Toobin) | The Sunlight Foundation | The Clery Act at Penn State | Legal Guide for Bloggers |
Week 11: Nov. 3 |
Free press/Free trial Case: Sheppard v. Maxwell |
Read: Trager Ch. 8 Due Friday: Reactions, workshop reports, marked up manuscripts Draft Workshop Guidelines (.pdf download) Artifacts: hee-hee | The Liberty Tree Week highlight reel |
Week 12: Nov. 10
|
FCC regulation of broadcast The current state of net neutrality | John Oliver on net neutrality No class Friday: BC's daughter's wedding |
Read: Trager Ch. 9 |
Week 13: Nov. 17 |
FTC regulation of advertising (or commercial speech) Case: Virginia Board of Pharmacy v. Virginia Citizens Consumer Council
No class Monday: BC's daughter's wedding |
Read: Trager Ch. 12 Due Wednesday: Final, finished law paper, both hard copy to professor and submitted to Canvas for TurnItIn report, with honor pledge signature on hard copy and bibliography included |
Week 14: Nov. 24 |
Copyright, IP, and AI No class Wednesday or Friday: Turkey |
Read: Trager, Ch. 11
Artifacts: Explanation of Fair Use via YouTube | Copyright, art, AI and big brands |
Week 15: Dec. 1 |
Copyright, IP, and AI Last day: Monday |
|
|
Final Exam: tba Your study guide for the final exam coming soon |
keep your eyes on the prize! |
In need of a paper topic? These sites present current news about the media and the law. Check these daily because the content changes. AEJMC law paper abstracts: From the Association for Educators in Journalism & Mass Communication, this page lists accepted paper abstracts for AEJ's law division, papers that were presented at the annual convention. Scroll down to "Law Division." There are also abstracts available for previous AEJMC conventions. Amicus: Slate.com's podcast series on (mostly) the U.S. Supreme Court, but with a current events spin or angle. Good source for thinking about possible paper topics. Citizen Action Project: Provides researchers with direct access to state laws, audits, state freedom of information experts and access laws, among many other things. Information covers all 50 states, so an excellent resource for anyone doing a project on one or more states. Citizen Media Law Project : Legal Resources for citizen media, from the Berkman Center for Internet & Society. Cornell Law School Legal Institute: A full service site with links to news, cases, legal topics by category. Electronic Frontier Foundation: Based in San Francisco, EFF is a donor-supported membership organization that lobbies for basic rights online and is an advocate for free expression in the digital age. There is always plenty of material here for those interested in Internet law. EPIC: EPIC stands for the Electronic Privacy Information Center. It is a public interest research center in Washington, D.C. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values. If you're interested in privacy issues on the Internet, this should be your first stop. Law.com: Think of this as a daily news Web site for practicing lawyers. You can search for topics by legal area and sign up for various e-mail lists. Lawyer Resource Center: The First Amendment, with a listing of resources categorized by the five freedoms articulated in and by the First Amendment, from a legal resource company called LegalMatch. Media Law Center: The MLRC – formerly the Libel Defense Resource Center – is a non-profit information clearinghouse originally organized by a number of media organizations to monitor developments and promote First Amendment rights in the libel, privacy and related legal fields. The "Hot Topics" section is especially useful. Reporters Committee For Freedom of the Press: The Committee is a major national -- and international -- resource in free speech issues, disseminating information in a variety of forms, including a quarterly legal review, a bi-weekly newsletter, a 24-hour hotline, and various handbooks on media law issues. Academicians, state and federal agencies, and Congress regularly call on the Committee for advice and expertise, and it has become the leading advocate for reporters' interests in cyberspace. Tully Center for Free Speech: The Center's mission is to "educate university students and the public about the important value of free speech." At Syracuse University. University of Iowa Library's Communication & Media Law Resources: It is just what it is called, and the page has an excellent search function by topic at the bottom. *** Links to government Web sites that may assist you in your research. U.S. Supreme Court: This is a link to the U.S. Supreme Court's official Web site, which contains opinions, links to oral arguments and other information about the court. Be sure to check out the Court's media center, where you'll find podcasts of oral arguments, among other cool artifacts. Thomas: Thomas is a complete guide to U.S. Congressional activity. Here, you'll find the text of laws, bills and hearings. The Federal Communications Commission: The Federal Communications Commission (FCC) is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions. This site offers links to regulations, news, complaint forms, bureaus within the FCC and licensing information. The Federal Trade Commission: The Federal Trade Commission enforces a variety of federal antitrust and consumer protection laws. This site offers links to regulations, news, actions and opinions, plus much more. The U.S. Copyright Office: The Copyright Office advises Congress on anticipated changes in U.S. copyright law; analyzes and assists in the drafting of copyright legislation and legislative reports and provides and undertakes studies for Congress; offers advice to Congress on compliance with international agreements and is also where claims to copyright are registered. This site has links to copyright law, international copyright treaties, general information and copyright studies. Library of Congress: Here's where you can search the U.S. Library of Congress database on the Web. The Library of Congress Online Catalog contains over 12 million bibliographic records representing books, serials, computer files, manuscripts, cartographic materials, music, sound recordings, and visual materials from the Library's collections. U.S. Constitution: This is a link to Cornell University page that has posted the U.S. Constitution on the Web. Landmark Cases: a library of landmark U.S. Supreme Court case documents, and more *** Look Up Cases FindLaw: This is a complete Web resource for cases, legal news, legal bulletin boards and legal help. Many cases can be found here. U.S. Supreme Court: This is a link to the U.S. Supreme Court's official Web site, which contains opinions, links to oral arguments and other information about the court. Westlaw and Nexis Uni: Legal databases where you will do the bulk of the research for your papers. Accessible via the Berry library interface. *** Powerpoint supplements
go
home |