You will understand and apply the principles and laws of freedom of speech and press, including the right to dissent, to monitor and criticize power, and to assemble and petition for redress of grievances. You will demonstrate an understanding of the history and role of the First Amendment for professionals and institutions in shaping communications, from a legal perspective in particular. You will demonstrate an understanding of how various forms of diversity (gender, race, ethnicity, sexual orientation) relate to the law of mass communications. You will be able to think critically, creatively and independently in your study of the law. You will better understand how the law has evolved in a world of ever-developing technologies in communication.
General topics/concepts to be covered include (but are not limited to):
Sources of law (Constitution, statutes, administrative…and why it matters)
Origins and evolution of the interpretation of the First Amendment
Seditious libel (criticizing the government) and incitement
Contemporary prior restraints - strict versus intermediate scrutiny
“Time, place and manner” regulations
Fighting words doctrine/true threats/hate speech
Student press freedom/ high school versus college level
Libel and privacy (Case study of the evolution of libel law during the Civil Rights Movement)
The right to speak anonymously
Federal Freedom of Information Act/state sunshine laws – your right to public records and why this is so vital for a functioning democracy.
Right of access to public meetings and the court system
Free press-fair trial issues/balancing our rights under the Constitution
Anonymous sources/Shield law/Reporter’s Privilege
Tortious interference
Regulation of Electronic Media
Indecency and Obscenity
Copyright
Commercial speech/advertising
By the end of the course, you will:
- Understand your First Amendment rights as a journalist, professional communicator and citizen.
- Understand how the courts have balanced the First Amendment right of free speech and free press with other governmental interests (national security, privacy, libel, obscenity, access to information, confidentiality, free press v. fair trial).
- Understand how, why and when First Amendment rights can be limited.
- Apply the law to situations you may face as a journalist and professional in the area of strategic communication.
- Demonstrate an understanding of gender, race, ethnicity, sexual orientation and other forms of diversity in U.S. society in relation to the First Amendment right of freedom of speech and of the press. Particular attention will be paid to issues relating to domestic (U.S.) minorities.
- Demonstrate an ability to analyze various viewpoints about how, why and when the First Amendment rights of the media should or should not be limited.
- Demonstrate an ability to apply relevant case, administrative or statutory law to evaluate current issues involving the First Amendment protection of speech and press.
- Demonstrate an ability to read, understand and explain the complicated legal jargon of a court decision.
- Demonstrate a good understanding of how the First Amendment right of freedom of speech and of the press relate to you as a citizen as well as a communication professional.