TVR 713X: Regulation of Media (Regulation of Television and Radio)

Semester Syllabus - Fall, 2004

Wednesday - 6:00PM-9:00PM

Class Schedule and Assignments / Lecture Notes

Course Description

This course explores the various means by which contemporary media, particularly mass media such as television, radio, and Internet media, are regulated. It will be taken as a given that all communications media are regulated to some extent, but that some media, particularly broadcast media, are more strongly regulated than others. The rules by which any medium of communication is regulated represents a balancing of the interests of multiple stakeholders, some of whom have very different interests than others. The fundamental base on which their interests are balanced, at least within the United States, is the U.S. Constitution and our tradition of common law, which itself has roots that reach back to England's Magna Carta and beyond.

In this course we will examine the history of media and its regulation. We will look at the impact of legislation, administration, and legal decisions and precedents in shaping the rights and responsibilities of participants in media. The scope of our exploration will be limited. Much of our focus will be on a small number of key issues that affect the decision making of media professionals and management, including the competing rights granted by the first amendment, the responsibilities that are associated with libel, the "right" of privacy, and the limitations associated with trademark, copyright, and other forms of property ownership. Particular focus will be given to a special case of property ownership, the proprietary use of public resources that the FCC is supposed to regulate in the public interest.

This proprietary licensing of the public airwaves is a particularly interesting example of media regulation, as the legislation that created the FCC represented a sharp break with historical approaches to the regulation of media in the United States that has been tested repeatedly in the courts. The rules that regulate media change. They change because people lobby for changes. They change because we come to recognize problems in the media status quo that need to be resolved. They change because the media themselves are dynamically evolving systems. We will look at this process of change repeated over the course of the semester and consider various ways in which media regulation may change, for better or worse, in the future.

What this course is not, the titles of our texts notwithstanding, is "media law" class. Our objective here is not to turn you into media lawyers. It is to give you tools that may help you to be better media managers and more aware media professionals. It is hoped that you will leave this course better equipped to avoid the situations that might cause legal problems and better able to recognize when you, as a media professional or manager, need to get a lawyers advice.

Texts

Lessig, L. (2004). Free Culture. Penguin.

McChesney, R. W. (2004). The Problem of Media. Monthly Review Press.

Pember, Don R. and Clay, C. (2005). Mass Media Law. McGraw Hill.

Zelezny, J. D. (2004). Cases in Communications Law. Thomson Wadsworth Edition.

Lecture Notes

My usual practice is to make my lecture notes directly available to the class via the Internet. I will display those lecture notes during class. You can print them out later. You may be able to print them out before class, but I don't guarantee that you will. I known for changing my lecture notes right up to the beginning of class (and sometimes during class), however. The version posted at the end of class can generally be considered to be reliable.

E-mail Discussion Group

This class will have a class discussion group. You must participate in it. Details will be announced early in the semester.

Grading:

 WeightDescription
Mid-Term and (optionally) Final24%Written exams. The focus will be on analysis and problem solving rather than regurgitated facts, but you'll need to know the facts to do the analysis. If there is a final, each exam is worth 12% of your grade. If not, the mid-term is worth 24%.
Readings Reports12%

You will be expected to arrive at class having done the readings and digested them a bit. I expect everyone to bring at least three questions to class based on the readings. I don't promise I'll know the answer, but finding the answer is half the fun. That's what class is for. I will not grade your questions, but if I don't think you took them seriously I won't give you the point for that weeks questions.

Note that I will almost certainly ask you to answer specific questions before you arrive at class. These assignments, when given, will be treated as an extension of the readings reports.

Participation12%You get this based on your participation in class. I expect everyone to have something to add to the discussion every week. If you've done the readings and created a good set of questions this should be no problem.
Short Papers (2)24% Short research papers that analyze specified issues in the regulation of media from a variety of cited perspectives. Details TBD. Each paper is work 12% of your grade.
Term Paper28%A master's level research paper that looks at some aspect of the regulation of media in detail. I expect that you will have spent time in the library and will have lined up sources to support your argument. It is presumed that all references will be in APA format and that everything that should be attributed to a source will be.
Total Grade (based on above)100% 
Attendance SubtractionopenEvery absence beyond two will result in a net subtraction from your final grade.
Effort BonusUp to 10%An optional addition, based on good and enthusiastic participation, interest in subject matter, and my perception that your grades do not reasonably represent what you have learned during the course. There is no guarantee I will give any of these points to anyone, and arguing for them will probably decrease the odds of getting them.

Attendance:

There are several layers of content associated with this course, including:

All of these elements contribute to the overall learning experience of this class, and you will necessary miss out on these layers if you miss class. Attendance counts as a part of the course grade in at least two ways. It will not be possible to receive an A in this class with more than 2 absences. Any absence's beyond that will result in a net subtraction from your final grade. For most students, however, these absences will have secondary effects on test scores and other assignments.

Bottom line: Be here.

Plagiarism and Cheating:

I have caught a number of students attempting to pass off other people's work as their own. Such behavior is unacceptable in any classroom, and I won't accept it in mine. My usual practice will be to zero any assignment on which a student has been found to be cheating and consult with the department chair on what other actions may be appropriate

Examples of cheating include:

Bottom line: Write in your own words and reference the ideas you use to the sources you read them in.

Disabling Conditions

Students who have a disabling condition which might interfere with their ability to successfully complete this course are encouraged to speak to me confidentially. I will be happy to cooperate in identifying alternate means of demonstrating such mastery where there is a demonstrable need.

Bottom line: I'm here to help.

Late Assignments:

It is your responsibility to ensure that all assignments are submitted by the due date. I will reduce the grade on an assignment by one half letter grade for every class period by which it is late.

Questions, Problems and Incompletes:

If you have a question I encourage you to ask it in class. There are no stupid questions; only answers that didn't need to be. If you don't know the answer to a question it is likely someone else is curious as well. Please ask. The worst that can happen is that I defer my answer to a meeting after class or during office hours.

If you have a problem in the class I encourage you to contact me as quickly as possible. Several means of contact are listed at the top of my Brooklyn College home page, including telephone, e-mail, and instant messenger. I also maintain regular office hours. Note, in particular, that I will not grant an incomplete for the course unless you talk to me about it in advance or I am aware of conditions which would make it impossible for you to do so.