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Cartoon 1 | Cartoon 2 | Ethics codes | Law & ethics | The first philosopher | Legal dictionaries | Music to study by | OK, more music | Rules of the air
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 University College London |
"[T]hese two extremes ought not to be practiced . . . . (What are the two?) There is addiction to indulgence of sense-pleasures, which is low, coarse, the way of ordinary people, unworthy, and unprofitable; and there is addiction to self-mortification, which is painful, unworthy, and unprofitable. Avoiding both these extremes, the Tathagata (the Perfect One) has realized the Middle Path; it gives vision, gives knowledge, and leads to calm, to insight, to enlightenment and to Nibbana. And what is that Middle Path realized by the Tathagata . . . ? It is the Noble Eightfold path, and nothing else, namely: right understanding, right thought, right speech, right action, right livelihood, right effort, right mindfulness and right concentration."
"Hastiness and superficiality are the psychic diseases of the twentieth century, and more than anywhere else this disease is reflected in the press." "The TV business is uglier than most things. It is normally perceived as some kind of cruel and shallow money trench through the heart of the journalism industry, a long plastic hallway where thieves and pimps run free and good men die like dogs, for no good reason." |
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CLASS: DATE (2012) |
PEMBER (LAW) TEXT | PATTERSON (ETHICS) TEXT | BRIEFS AND ORALS |
|---|---|---|---|
| #1: 17 January |
Preface, Chapter 1, and Chapter 2 (The American Legal System. The First Amendment: The Meaning of Freedom) |
. . . |  |
| #2: 24 January |
Chapter 3 (The First Amendment: Contemporary Problems) |
Pages xi-xvi and 1-9 (Foreword. Preface. An Introduction to Ethical Decision Making) |
Near v. State of Minnesota ex rel. Olson, 283 U.S. 697, 51 S.Ct. 625 (1931)
Mills v. State of Alabama, 384 U.S. 214, 86 S.Ct. 1434 (1966) Red Lion Broadcasting Co. v. Federal Communications Commission, 395 U.S. 367, 89 S.Ct. 1794 (1969) Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241, 94 S.Ct. 2831 (1974) Herceg v. Hustler Magazine, Inc., 814 F.2d 1017 (1987) Leathers v. Medlock, 499 U.S. 439, 111 S.Ct. 1438 (1991) |
| #3: 31 January |
Chapter 4 (Libel: Establishing a Case) |
Pages 9-49 (An Introduction to Ethical Decision Making. Information Ethics: A Profession Seeks the Truth) |
Simon & Shuster, Inc. v. Members of New York State Crime Victims Board, 502 U.S. 105, 112 S.Ct. 501 (1991)
Rice v. Paladin Enterprises, Inc., 128 F.3d 233 (1997) Flynt v. Rumsfeld, 355 F.3d 697 (2004) Bank Julius Baer & Co. Ltd. v. Wikileaks, 535 F.Supp.2d 980 (2008) Doe v. Reed, 130 S.Ct. 2811, 177 L.Ed.2d 493 (2010) |
| #4: 7 February |
Chapter 5 (Libel: Proof of Fault). For a free MP3 download of part of this lecture, as well as part of the lecture for Class #12, click here. |
Pages 50-84 (Information Ethics: A Profession Seeks the Truth. Strategic Communication: Does Client Advocate Mean Consumer Adversary?) |
New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710 (1964)
Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997 (1974) Matherson v. Marchello, 100 A.D.2d 233, 473 N.Y.S.2d 998 (1984) Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 106 S.Ct. 1558 (1986) Hustler Magazine v. Falwell, 485 U.S. 46, 108 S.Ct. 876 (1988) |
| #5: 14 February 2d ˝ = Exam #1 |
Chapter 6 (Libel: Defenses and Damages) LAW CHAPTERS 1-6 |
Pages 85-87 (Strategic Communication: Does Client Advocate Mean Consumer Adversary?) ETHICS PAGES 1-87 |
Milkovich v. Lorain Journal Co., 497 U.S. 1, 110 S.Ct. 2695 (1990)
MacElree v. Philadelphia Newspapers, Inc., 544 Pa. 117, 674 A.2d 1050 (1996) Zeran v. America Online, Inc., 129 F.3d 327 (1997) WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568 (1998) Howell v. Enterprise Publishing Co., LLC, 455 Mass. 641, 920 N.E.2d 1 (2010) |
| #6: 21 February |
Chapter 7 (Invasion of Privacy: Appropriation and Intrusion) |
Pages 88-126 (Strategic Communication: Does Client Advocate Mean Consumer Adversary? Loyalty: Choosing between Competing Allegiances. Privacy: Looking for Solitude in the Global Village) |
Shulman v. Group W Productions, Inc., 18 Cal.4th 200, 955 P.2d 469 (1998)
Sanders v. American Broadcasting Companies, Inc., 20 Cal.4th 907, 978 P.2d 67 (1999) Bartnicki v. Vopper, 532 U.S. 514, 121 S.Ct. 1753 (2001) Taus v. Loftus, 40 Cal.4th 683, 151 P.2d 1185 (2007) |
No Class: 28 February |
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| #7: 6 March |
Chapter 8 (Invasion of Privacy: Publication of Private Information and False Light) |
Pages 126-169 (Privacy: Looking for Solitude in the Global Village. Mass Media in a Democratic Society: Keeping a Promise) |
Florida Star v. B. J. F., 491 U.S. 524, 109 S.Ct. 2603 (1989)
Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (1993) Toffoloni v. LFP Publishing Group, LLC, 572 F.3d 1201 (2009) Cantrell v. Forest City Publishing Co., 419 U.S. 245, 95 S.Ct. 465 (1974) |
| #8: 13 March |
Chapter 9 (Gathering Information: Records and Meetings) |
Pages 170-182 (Mass Media in a Democratic Society: Keeping a Promise. Media Economics: The Deadline Meets the Bottom Line) |
Sherrill v. Knight, 569 F.2d 124 (1977)
Houchins v. KQED, Inc., 438 U.S. 1, 98 S.Ct. 2588 (1978) City of Oak Creek v. Ah King, 148 Wis.2d 532, 436 N.W.2d 285 (1989) Berger v. Hanlon, 129 F.3d 505 (1997) Food Lion, Inc. v. Capital Cities/ABC, Inc., 194 F.3d 505 (1999) |
| #9: 20 March |
Chapter 10 (Protection of News Sources/Contempt Power) |
Pages 182-209 (Media Economics: The Deadline Meets the Bottom Line. Picture This: The Ethics of Photo and Video Journalism) |
National Archives and Records Administration v. Favish, 541 U.S. 157, 124 S.Ct. 1570 (2004)
Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646 (1972) Cohen v. Cowles Media Co., 501 U.S. 663, 111 S.Ct. 2513 (1991) Gonzalez v. National Broadcasting Co., Inc., 194 F.3d 29 (1999) O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006) |
| #10: 27 March 2d ˝ = Exam #2 |
Chapter 11 (Free Press--Fair Trial: Trial-level Remedies and Restrictive Orders) LAW CHAPTERS 7-11 |
Pages 209-221 (Picture This: The Ethics of Photo and Video Journalism) ETHICS PAGES 88-221 |
Nebraska Press Association v. Stuart, 427 U.S. 539, 96 S.Ct. 2791 (1976)
Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 98 S.Ct. 1535 (1978) Smith v. Daily Mail Publishing Co., 443 U.S. 97, 99 S.Ct. 2667 (1979) Beaufort County Board of Education v. Beaufort County Board of Commissioners, 645 S.E.2d 857 (2007) |
| #11: 3 April |
Chapters 12 and 13 (Free Press--Fair Trial: Closed Judicial Proceedings. Regulation of Obscene and Other Erotic Material) |
Pages 222-238 (Picture This: The Ethics of Photo and Video Journalism) |
Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S.Ct. 2814 (1980)
Seattle Times Co. v. Rhinehart, 467 U.S. 20, 104 S.Ct. 2199 (1984) Press-Enterprise Co. v. Superior Court of California for Riverside County, 478 U.S. 1, 106 S.Ct. 2735 (1986) |
No Class: 10 April |
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| #12: 17 April |
Chapter 14 (Copyright). You may want to listen to the second half of the MP3 download from Class #4 |
Pages 239-260 (Picture This: The Ethics of Photo and Video Journalism. New Media: Continuing Questions and New Roles) |
Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329 (1997)
Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 105 S.Ct. 2218 (1985) Braun v. Soldier of Fortune Magazine, Inc., 968 F.2d 1110 (1992) |
| #13: 24 April |
Chapter 15 (Regulation of Advertising) |
Pages 261-290 (New Media: Continuing Questions and New Roles. The Ethical Dimensions of Art and Entertainment) |
CBS, Inc. v. Federal Communications Commission, 453 U.S. 367, 101 S.Ct. 2813 (1981)
Turner Broadcasting System, Inc. v. Federal Communications Commission, 512 U.S. 622, 114 S.Ct. 2445 (1994) Greater New Orleans Broadcasting Association, Inc. v. United States, 527 U.S. 173, 119 S.Ct. 1923 (1999) |
| #14: 1 May |
Chapter 16 (Telecommunications Regulation) |
Pages 291-312 (The Ethical Dimensions of Art and Entertainment. Becoming a Moral Adult) |
United States v. Playboy Entertainment Group, Inc., 529 U.S. 803, 120 S.Ct. 1878 (2000)
Comcast Corporation v. Federal Communications Commission, 600 F.3d 642 (2010) Fox Television Stations, Inc. v. Federal Communications Commission, 613 F.3d 317 (2010) |
#15: 8 May FINAL EXAM |
LAW CHAPTERS 12-16 | ETHICS PAGES 222-312 |  |
COURSE DESCRIPTION: An examination of the law of the field of communications as well as its history and effects. Current ethical issues are explored through case studies. Analysis of legal and ethical issues affecting the media, including the First Amendment, defamation, privacy, newsgathering, obscenity, copyright and broadcasting/telecommunications, and the views of philosophers from Socrates to the present. |
| COMM 335 Course Objectives: By the end of this course, students should be able to |
Corresponding Communication Studies Departmental Objectives: By the end of this course, students should be able to |
Corresponding MSM Undergraduate Program Goals: The University intends the whole of its undergraduate program to enable students to |
|---|---|---|
| 1. Summarize the process and result of judicial analysis and apply it to real-life situations. | Understand the rhetorical and historical contexts of communication. Understand how communication and theories about it have differed over time and place. Understand the role and impact of media in society. Understand their own and others' writing practices. Be computer literate. Understand, evaluate, and respond appropriately to others' communication. |
2. Integrate diverse modes of human inquiry and expression through rigorous study of the Western tradition, including its American expression. 4. Understand the purposes and concepts of at least one major field of study and become proficient in its methodology. 5. See and seek to respond with justice and solidarity to all in the global community, to protect human dignity, to work for peace and freedom, and to respect the integrity of creation. 6. Continue a life of learning, growth in faith and mature spirituality, and service to the common good. |
| 2. Compare and contrast schools of ethical thought and apply them to real-life situations. | Understand the role and impact of media in society. Comprehend and demonstrate in practice the fundamental ethical principles of the communication discipline. |
1. Understand and articulate the Catholic vision of the human person, particularly as it relates to the nature of the good, the relationship between faith and reason, and the human relationship with God. 2. Integrate diverse modes of human inquiry and expression through rigorous study of the Western tradition, including its American expression. 4. Understand the purposes and concepts of at least one major field of study and become proficient in its methodology. 5. See and seek to respond with justice and solidarity to all in the global community, to protect human dignity, to work for peace and freedom, and to respect the integrity of creation. 6. Continue a life of learning, growth in faith and mature spirituality, and service to the common good. |
| 3. List and describe legal rights and duties of the media. | Understand the role and impact of media in society. Understand, evaluate, and respond appropriately to others' communication. |
2. Integrate diverse modes of human inquiry and expression through rigorous study of the Western tradition, including its American expression. 4. Understand the purposes and concepts of at least one major field of study and become proficient in its methodology. 5. See and seek to respond with justice and solidarity to all in the global community, to protect human dignity, to work for peace and freedom, and to respect the integrity of creation. 6. Continue a life of learning, growth in faith and mature spirituality, and service to the common good. |
| 4. Present complex concepts orally and in writing. | Understand the rhetorical and historical contexts of communication. Understand the nature and practice of persuasion. Write for a variety of audiences and situations. Understand their own and others' writing practices. Edit writing. Understand, evaluate, and respond appropriately to others' communication. Speak well in public. |
3. Master the skills of analysis, interpretation, communication, and problem solving. 4. Understand the purposes and concepts of at least one major field of study and become proficient in its methodology. 6. Continue a life of learning, growth in faith and mature spirituality, and service to the common good. |
| 5. Use effective expository English (yes, this is an English course). | Understand the rhetorical and historical contexts of communication. Understand the nature and practice of persuasion. Write for a variety of audiences and situations. Understand their own and others' writing practices. Edit writing. Understand, evaluate, and respond appropriately to others' communication. Speak well in public. |
3. Master the skills of analysis, interpretation, communication, and problem solving. 4. Understand the purposes and concepts of at least one major field of study and become proficient in its methodology. 6. Continue a life of learning, growth in faith and mature spirituality, and service to the common good. |
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The instructor for this course is Dr. William Martin Sloane. A Maryland/Pennsylvania attorney and an Anglican/Old Catholic bishop, he chairs the American College of Counselors and is a member of the Screen Actors Guild—American Federation of Television and Radio Artists. Students are welcome to contact him at any time with questions or problems. Office: 212 Knott Academic Center Hours: Before and after class and by appointment E: sloane@msmary.edu, wsloane@shaginlaw.com Phone: (717) 249-1069, (717) 379-1235 |
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HINTS: Know these law cases by name Examination #1 (Spring 2012; page references are to Pember text): United States v. Bell (2005), p. 71 Examination #2 (Spring 2012; page references are to Pember text): Baltimore Sun v. Ehrlich (2006), p. 311 Final Examination (Spring 2012; page references are to Pember text): Press-Enterprise v. Riverside Superior Court (1984), pp. 309, 450 |
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"Archetypes can be understood and described . . . in mythic terms as gods and goddesses (or what Blake called 'the Immortals'), in Platonic terms as transcendent first principles and numinous Ideas . . . in Aristotelian terms as immanent universals and dynamic indwelling forms . . . in a Kantian mode as a priori categories of perception and cognition . . . in the Freudian mode as primordial instincts impelling and structuring biological and psychological processes, or in the Jungian manner as fundamental formal principles of the human psyche, universal expressions of a collective unconscious and, ultimately, of the unus mundus. . . . Archetypes possess a reality that is both objective and subjective, one that informs both outer cosmos and inner human psyche, 'as above, so below.'"