TVRA 7713 Media and Communication History and Regulation (Reile): Syllabus

Print Syllabus:

Course:

Media and Communication History and Regulation 7713X, 3 credits; Section EM6, Class Number 21096

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Instructor:

Dr. Wiebke Reile: wreile@hawaii.edu, wiebke.reile@brooklyn.cuny.edu

Office Hours: By appointment only. Skype, FaceTime Meetings available in the evening

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Class Time and Location:

Class Meets: Mondays, 6:30-9:15

Class Room 25 Broadway, RM 7010

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Required Text for Course:

• All course materials for this course will be provided to students for FREE.
• There is no textbook to purchase.
• All readings and assignments will be available on this very site you are on right now, the TVRA 7713 OER web site or provided to students in class.
• Readings need to be done before class as we will be talking about them in class.

This course uses Open Educational Resources (OERs)  “Open Educational Resources are teaching and learning materials you may use without charge." OER’s reside in the public domain or have been released under an open license, such as a Creative Commons license, that permits their no-cost use, reuse, adaptation, and sharing.

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Course Reading & Work Assignments Schedule

TRVA 7731 Course Schedule and Assignments

Date	Assignments	Topic
Week 1: September 5, 2019		Introductions, Syllabus,  Overview, Case Assignments, and Reading Reviews
Week 2: September 9, 2019	Introduction, Chapter 1 & Chapter 2 Citation: United States Department of State - Bureau of International Information Programs. (2004)  Outline of U.S. legal system [pdf] Retrieved from https://usa.usembassy.de/etexts/gov/outlinelegalsystem.pdf Free Constitution Booklet Citation: The United States Constitution	Foundations and  The American Legal System, The Courts, and The Constitution
Week 3: September 16, 2019	Missing Links: The First Amendment's Place in an Ever-Changing Web Citation: Holliday, E. (2019). Missing Links: The First Amendment's Place in an Ever-Changing Web. Pittsburgh Journal of Technology Law and Policy, 19(1). doi:https://doi.org/10.5195/tlp.2019.228 Trump Can’t Block Critics From His Twitter Account, Appeals Court Rules Citation: Savage, Charlie (2019, July 9). Trump Can’t Block Critics From His Twitter Account, Appeals Court Rules. The New York Times. Retrieved from https://www.nytimes.com/2019/07/09/us/politics/trump-twitter-first-amendment.html Combating Terrorism in a Digital Age: First Amendment Implications Citation: Haughom, Jaclyn K. (2016, Nov. 16). Combating Terrorism in a Digital Age: First Amendment Implications.Freedom Forum Institute. Retrieved from: https://www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-speech-2/internet-first-amendment/combatting-terrorism-in-a-digital-age-first-amendment-implications/#_ftn1	The First Amendment: The Meaning of Freedom
Week 4: September 23, 2019	Know Your Rights: Students and The First Amendment Citation: ACLU of Rhode Island. (2018, March) Know Your Rights: Students and The First Amendment. Retrieved at: http://riaclu.org/documents/ACLUofRIPamphlet_StudentsFirstAmend.pdf First Amendment Right to Receive Information and Ideas Justifies Citizens' Videotaping of the Police Citation: David L. Hudson, Jr., First Amendment Right to Receive Information and Ideas Justifies Citizens' Videotaping of the Police, 10 U. St. Thomas J.L. & Pub. Pol'y 89 (2016). Retrieved at: https://ir.stthomas.edu/ustjlpp/vol10/iss2/2/	The First Amendment and Contemporary Problems
Week 5: October 7, 2019	Connecting America, the national broadband plan [English - Full Plan] Citation: United States. (2010). Connecting America, the national broadband plan. Washington, DC: Federal Communications Commission. Retrieved from: https://www.fcc.gov/general/national-broadband-plan	Digital Divide, Broadband, and Access to Information
Week 6: October 16, 2019	Write-up about New York Times vs. Sullivan Citation: NEEDED TO BE ADDED Justice Brennan and Cultural History: New York Times v. Sullivan and Its Times Citation: Hall, Kermit L. (1991) "Justice Brennan and Cultural History: New York Times v. Sullivan and Its Times," California Western Law Review: Vol. 27: No. 2, Article 5. Retrieved from: http://scholarlycommons.law.cwsl.edu/cwlr/vol27/iss2/5	Libel: Establishing a Case and New York Times Vs. Sullivan
Week 7: October 21, 2019	The Communications Decency Act and New York Times v. Sullivan: Providing Public Figure Defamation a Home on the Internet Citation: Williams, Chris. The Communications Decency Act and New York Times v. Sullivan: Providing Public Figure Defamation a Home on the Internet, 43 J. Marshall L. Rev. 491 (2010). Proving Fault: Actual Malice and Negligence Citation: The Digital Media Law Project. (n.d) Proving Fault: Actual Malice and Negligence Retrieved from: http://www.dmlp.org/legal-guide/proving-fault-actual-malice-and-negligence	Libel: Proof of Fault/ Post Sullivan/ Defense and Damages
Week 8: October 28, 2019	MIDTERM EXAM	EXAM
Week 9: November 4, 2019	Facebook's Privacy Trainwreck: Exposure, Invasion, and Social Convergence Citation: danah boyd (2008). "Facebook's Privacy Trainwreck: Exposure, Invasion, and Social Convergence." Convergence, 14 (1). Retrieved from:http://www.danah.org/papers/FacebookPrivacyTrainwreck.pdf Elements of an Intrusion Claim Citation: The Digital Media Law Project. (n.d) Elements of an Intrusion Claim Retrieved from:http://www.dmlp.org/legal-guide/elements-intrusion-claim Using the Name or Likeness of Another Citation: The Digital Media Law Project. (n.d) Using the Name or Likeness of Another. Retrieved from:http://www.dmlp.org/legal-guide/using-name-or-likeness-another	Invasion of Privacy: Appropriation & Intrusion
Week 10: November 11, 2019	Explaining and Justifying a Limited Tort of False Light Invasion of Privacy Citation: Gary T. Schwartz, Explaining and Justifying a Limited Tort of False Light Invasion of Privacy, 41 Case W. Res. L. Rev. 885 (1991). Retrieved from: https://scholarlycommons.law.case.edu/caselrev/vol41/iss3/17 On the Utility of Constitutional Rights to Privacy and Data Protection Citation: David H. Flaherty, On the Utility of Constitutional Rights to Privacy and Data Protection, 41 Case W. Res. L. Rev. 831 (1991). Retrieved from: https://scholarlycommons.law.case.edu/caselrev/vol41/iss3/14/	Invasion of Privacy: Publication and False Light
Week 11: November 18, 2019	Data and Discrimination - Collected Essays Citation: New America’s Open Technology Institute (2014) Data and Discrimination - Collected Essays. Retrieved from: https://www.newamerica.org/oti/policy-papers/data-and-discrimination/ Big Data and Discrimination Citation: Gillis, Talia B. and Spiess, Jann L. (2018) Big Data and Discrimination. Harvard John M. Olin Fellow’s Discussion Paper Series. (84). Retrieved from: http://www.law.harvard.edu/programs/olin_center/fellows_papers/pdf/Gillis_84.pdf Will Democracy Survive Big Data and Artificial Intelligence? Citation: Helbing, Dirk & S. Frey, Bruno & Gigerenzer, Gerd & Hafen, Ernst & Hagner, Michael & Hofstetter, Yvonne & van den hoven, Jeroen & V. Zicari, Roberto & Zwitter, Andrej. (2019). Will Democracy Survive Big Data and Artificial Intelligence? Scientific America	Data Discrimination
Week 12: November 25, 2019	Consumer Guide Obscene, Indecent and Profane Broadcasts The '7 Dirty Words' Turn 40, but They're Still Dirty Citation: Bella, Timothy (2012, May 24) The '7 Dirty Words' Turn 40, but They're Still Dirty. The Atlantic Citizen's Guide To U.S. Federal Law On Obscenity	Regulation of Obscene and Erotic Material
Week 13: December 2, 2019	Primer on Copyright Liability and Fair Use Citation: The Digital Media Law Project. (2008, Jan. 24) Primer on Copyright Liability and Fair Use. Retrieved from:http://www.dmlp.org/blog/2008/primer-copyright-liability-and-fair-use Copyright Office Modernization Citation: United States Copyright Office. (nd). Copyright Office Modernization. Retrieved from https://www.copyright.gov/copyright-modernization/Copyright%20Office%20Modernization.pdf (OPTIONAL READING) Copyright Law of the United States (Title 17) For your reference only. Check out different copyright laws that interest you. This publication contains the text of title 17 of the United States Code, including all amendments enacted by Congress through June 30, 2016. It includes the Copyright Act of 1976 and all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; and the Vessel Hull Design Protection Act, as amended. The Copyright Office is responsible for registering intellectual property claims under all three.	Copyright
Week 14: December 8, 2019	Ethical limits to the intrusiveness of online advertising formats: A critical review of Better Ads Standards Citation: Belanche, Daniel. (2018). Ethical limits to the intrusiveness of online advertising formats: A critical review of Better Ads Standards. Journal of Marketing Communications. Forthcoming. 10.1080/13527266.2018.1562485.	Regulation of Advertising/ FINAL REVIEW
Week 15: December 16, 2019 (TBD)	FINAL EXAM	FINAL EXAM

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Departmental objectives met by this Course:

The department seeks to maintain an eye toward the evolution of communications law in the United States, but to also provide students with a thorough understanding of very present-day cases and controversies that students are likely to face in virtually any career in media related fields. Students will be exposed to a vast array of media topics, from the history, adoption and interpretation of the First Amendment, right up to the most recent judicial opinions, statutory enactments and regulatory controversies impacting defamation law; invasion of privacy; the regulation of obscenity; copyright and other areas of intellectual property; and the regulation of advertising; among other media centric topics. The department endeavors to provide students with the most practical preparation on matters affecting speech and all other forms of contemporary expression for future use in, among others, the print, film, television, music, art, advertising and digital media fields (Brooklyn College, 2018).

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Course Objectives:

1. Students will learn all the core principles Media Law and Communication Policy
2. Students will be able to critically analyze current governmental policies on media law cases.
3. Students will understand their legal obligations within the contemporary media world
4. Students will be able to analyze issues and controversies from ethical, legal and social perspectives in their professional practice

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Larger Objectives:

1. Where does U.S. media law come from, and how does it get made?
2. What are theoretical and practical approaches to addressing media law issues?
3. How and why have media law and policy evolved from the past to the present, and what does that mean for concepts of individual freedom, democratic politics and the media?

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Late Work:

Late work will not be accepted. You will receive a zero if you try to turn in late work. Do not attempt to send me emails with your late work. I will not accept it VIA-email, unless explicitly stated ahead of time. Please bring a printed copy of your work to class, which will be collected at the beginning. If there is a REAL EMERGENCY, please contact me. I am a human being and will be completely understanding of your lives and the issues you have. Just remember I can’t help you unless I know what is going on. 

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Assignments and Grading:

All assignments will receive a number grade (0-100). This number grade will be converted to your final letter grade for this course using the following scale:

A+	A	A-	B+	B	B-	C+	C	C-	D+	D	D-	F
97-100	93-96	90-92	87-89	83-86	80-82	77-79	73-76	70-72	67-69	63-66	60-62	0-59

 

Class Participation (15%):

Class participation will be assessed by your being prepared to discuss the course materials each week, finish assignments, and by contributing to the course discussion. Your class participation will suffer if you continually disrupt class, text, and generally have rude behavior. Leaving class early will result in deduction of points.

Reading Reviews for Class (15%) (Due Date Varies):

Write a three page review of one of the readings for your assigned week. Bring enough copies for each class member. Half of your grade will consist of you leading a class discussion and bring in three questions to pose to the class. Further directions on handout

Midterm (20%) (October 28, 2019): In Class Examination.

Case Assignments (20%) (Due Date Varies):

Once throughout the semester, you will present a relevant Media Law Case. You will select one case and write a 5-page paper double spaced and create a discussion for the class. See handout for further instructions. Further directions on handout.

FINAL EXAM: (30%) (TBD): In Class Examination

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Attendance:

Attendance is mandatory and I will take attendance at the beginning of each class. If you miss more than 2 classes, except for medical and religious reasons, it will result in the lowering of your participation grade. If you come to class without having done the reading it does mean you have come unprepared. Be prepared to be insightful and relate the reading back to the coursework. If you have extenuating circumstances, please contact me via-email so we can make other arrangements.

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University policy on academic integrity:

Please be honest with the work that you create and present. Not being honest only hurts you and your ability to retain the information in the long run.  I take cheating very seriously and I am required by University policy to report all instances of cheating.

• The faculty and administration of Brooklyn College support an environment free from cheating and plagiarism.
• Each student is responsible for being aware of what constitutes cheating and plagiarism and for avoiding both.
• View complete text of CUNY Academic Integrity Policy and Brooklyn College procedure for policy implementation.
• If a faculty member suspects a violation of academic integrity and, upon investigation, confirms that violation, or if the student admits the violation, the faculty member must report the violation.
• Please read the section entitled “Academic Regulations and Procedures” in the Brooklyn College Undergraduate Bulletin or Graduate Bulletin for a complete listing of academic regulations of the College.

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Accessibility:

• In order to receive disability-related academic accommodations students must first be registered with the Center for Student Disability Services.
• Students who have a documented disability or suspect they may have a disability are invited to set up an appointment with the Director of the Center for Student Disability Services, Ms. Valerie Stewart-Lovell at 718-951-5538.
• If you have already registered with the Center for Student Disability Services, please provide your professor with the course accommodation form and discuss your specific accommodation with him/her.

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Student bereavement policy:

1. Students who experience the death of a loved one must contact the Division of Student Affairs, 2113 Boylan Hall, if they wish to implement either the Standard Bereavement Procedure or the Leave of Absence Bereavement Procedure. The Division of Student Affairs has the right to request a document that verifies the death (e.g., a funeral program or death notice).
2. Typically, this death involves that of a family member, in parallel to the bereavement policy for faculty and staff. However, it is up to the discretion of the Division of Student Affairs to determine if a death outside of the immediate family warrants implementation of the student bereavement policy.
3. As an option, and in consultation with the Division of Student Affairs, students may take the Leave of Absence Bereavement after the Standard Bereavement.
4. Reference to the Student Bereavement Policies will be noted on course syllabi.
5. Students requesting a religious accommodation should contact the Division of Student Affairs as well. The chief student affairs officer, or a designee, and the student will engage in an interactive process with the goal of finding an acceptable accommodation.

Standard Bereavement Procedure:

• Upon approval from the Division of Student Affairs, the student is allowed one week, commencing from the day of notification to the Division of Student Affairs, of excused absence.
• Should the student feel that he/she needs additional days, these should be discussed with individual course instructors and/or the Division of Student Affairs.
• The Division of Student Affairs will contact the student’s faculty and academic staff of the student’s courses.
• Faculty and academic staff will be advised that extensions must be granted to the student for the period of one week of excused absence.
• Further extensions may be negotiated with the student when he or she returns to campus.
• Students are encouraged to discuss options with their instructors.

Leave of Absence Bereavement Procedure:

• Students may be allowed to withdraw from the semester in which the death occurs.
• The Bereavement Leave of Absence is for one semester only.
• Students who have opted to take the Bereavement Leave of Absence and have already attended classes for the semester of the leave will be allowed to re-enter the following semester without having to reapply to the college.
• Students who wish to take the leave of absence prior to the beginning of the semester will be required to reapply for the following semester.
• Students who are in good academic standing will be given the opportunity to successfully complete the credits for the semester in which they return.
• Students will consult with the Division of Student Affairs, on a case-by-case basis, as to whether they should withdraw from their courses during this leave of absence or to request incompletes from the faculty member.
• Given that there may be a potential impact on financial aid, students who receive financial aid and who take the Bereavement Leave of Absence, upon arrangement with the Division of Student Affairs, will meet with a financial aid adviser prior to taking this option.

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Nonattendance because of religious beliefs:

• The New York State Education Law provides that no student shall be expelled or refused admission to an institution of higher education because he or she is unable to attend classes or participate in examinations or study or work requirements on any particular day or days because of religious beliefs.
• Students who are unable to attend classes on a particular day or days because of religious beliefs will be excused from any examination or study or work requirements.
• Faculty must make good-faith efforts to provide students absent from class because of religious beliefs equivalent opportunities to make up the work missed; no additional fees may be charged for this consideration.
• If classes, examinations, or study or work requirements occur on Friday after 4 p.m. or on Saturday, similar or makeup classes, examinations, or study or work requirements will be made available on other days, where possible and practical.
• The faculty and the administration will not allow any adverse or prejudicial effects to accrue to students availing themselves of this regulation.
• If students have complaints about the application of this policy, they are entitled to bring action or a proceeding for enforcement of their rights in the Supreme Court of Kings County

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Important Dates

• August 27, Tuesday: Start of Fall Term - Classes begin
• September 2, Monday: College Closed, Last day to add a course, Last day to drop for 75% tuition refund
• September 5, Thursday: Classes follow Monday schedule
• September 9, Monday: Last day to drop for 50% tuition refund
• September 30 & 31, Monday-Tuesday: No classes scheduled
• October 8 & 9, Tuesday-Wednesday: No classes scheduled
• October 14, Monday: College Closed
• October 16, Wednesday: Classes follow Monday schedule
• November 5, Tuesday: Last day to withdraw from a course with a grade of W
• November 28 & 29, Thursday-Friday: College Closed
• December 14 & 20, Saturday-Friday: Final Examinations
• December 20, Friday: End of Fall Term

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