Communication Law COM 260

COM 260: COMMUNICATION LAW Instructor: Mariusz Ozminkowski, Ph.D. mozminkowski@csupomona.edu www.ozminkowski.com This course examines the federal, state, and local laws that affect mass communication in the United States. The course will serve two purposes: it provides a liberal arts perspective on the law and it is a practical guide to specific laws affecting media. You should gain the following: a basic understanding of the American legal system, its institutions, and some of its terminology; a broad understanding of First Amendment principles as they relate to mass communication; a working knowledge of the laws that directly restrict or enhance information gathering and message dissemination in the mass media, and an understanding of the rationales behind those laws.

Course Text: John B. Zelezny. Communications Law. Liberties, Restraints, and the Modern Era. 5th Edition Recommended Reading: Rodney A. Smolla. Free speech in an open society Lawrence M. Friedman. Law in America. A Short History. Power Point Presentations Chapter 1: The Basics (American Law, Court system, Important Terminology) Chapter 2: First Amendment Chapter 3: Public Safety Chapter 4: Damage to Reputation Chapter 5: Privacy Chapter 6: Access / News Gathering Chapter 7: Media & the Justice System Chapter 8: Creative Property Chapters 9 and 10: FCC Chapter 11: obscenity and indecency Chapter 12: commercial speech	Important First Amendment U.S. Supreme Court Cases Gitlow v. New York (1925) (Incorporation doctrine) summary transcript Near v. Minnesota (1931) (against prior restraint) summary transcript Texas v. Johnson (1989) (Flag burning) summary full transcript Key Excerpts from the Majority Opinion Key Excerpts from the Dissenting Opinio R.A.V. v. City of St. Paul (1992) (Cross burning) summary Chaplinsky v. State of New Hampshire (1941/1942) (Fighting words) summary Cohen v. California (1971) ("Fuck the draft" case) summary United States v. O'Brien (1968) (Draft card burning) summary Clear and present danger cases: Schenck v. United States (1919) summary Abrams v. United States (1919) summary Majority Opinion Dissent (Holmes, Brandeis concurring) Brandenburg v. Ohio (1969) summary see also Whitney v. California (1927) overturned by Brandenburg New York Times v. Sullivan (1964) (actual malice / public officials) summary Hustler Magazine v. Falwell (1988) summary Sheppard v. Maxwell (1966) summary Nebraska Press Assn' v. Stuart (1976) Gentile v. State Bar of Nevada (1991)	MEDIA ETHICS SELECTED CODES OF ETHICS FREE PRESS Reporters Without Borders California First Amendment Coalition First Amendment Center Center's First Amendment Library Freedom Forum Reporters Committee for Freedom of the Press Student Press Law Center Freedom of Information: Coalition of Journalists for Open Government National Freedom of Information Coalition First Amendment Project (includes resources how to obtain information about government records, papers, meetings, etc.) Free Expression Policy Project Law Resources: U.S. Supreme Court: Official Site Oyez (oral argument recordings) Findlaw: findlaw.com Library of Congress: Law, Politics, etc. Text of John Milton's Areopagitica (with a short intro and the background of the letter). John Peter Zenger Trial (explanation, primary documents, etc.). See the Order for the Public Burning of Zenger's Journals and Bench warrant.