JOUR 361: Journalism Law & Ethics

DePaul University College of Communication

Section 502, Class 26001, Winter Quarter 2015
1140 Daley, Monday/Wednesday 11:50 a.m. to 1:20 p.m.
Professor: Jason Martin, Ph.D.
Email: jmart181@depaul.edu
Office: 1126 Daley, 14 E. Jackson, Loop Campus, 312-362-7396
Office Hours: 10:30-11:30 Mondays, 1:30-3:30 Wednesdays & by email appointment
Follow @jmart181 & @DePaulJLaw for journalism law & ethics related updates

Course description & learning objectives

JOUR 361: Journalism Law & Ethics examines the constitutional freedoms of
speech, press, and expression, and the ethical considerations that surround and sometimes
permeate that legal framework. Special focus is placed on practical application of those
theoretical concepts to the journalism profession in the United States. Among the core legal
topics covered are the constitutional rights of all citizens regarding censorship, defamation,
privacy, intellectual property, and commercial speech. Those issues are considered in
relation to the ethical responsibilities and potential actions of journalists, including
protecting sources, minimizing harm, protecting privacy and avoiding deceptive
newsgathering practices.
This course familiarizes students with the major contemporary issues of journalism
law and ethics, and draws specific attention to socially responsible approaches to
professional conduct with the goal of avoiding undue harm, litigation, or even criminal
penalties. Course materials and class discussion encourage the development of critical
thinking, moral reasoning, and problem solving skill sets, such as understanding: how the
mixture of historical events, democratic values, legal scholarship, and ethical theories have
shaped the judiciarys philosophical approach to First Amendment cases; how speech and

press freedoms are balanced with other societal interests when multiple rights and
responsibilities come into conflict; and how recent developments in communication
technology are challenging the judiciary to reconsider how, when, and where freedoms of
expression apply.
Upon successful completion of the course, students will learn to: (1) demonstrate
their knowledge of the intellectual roots of constitutional freedoms of speech and press, the
role of journalists and institutions in shaping that history, the key issues in the development
of free speech protections, and the contemporary status of the First Amendments
boundaries of protection; (2) apply First Amendment and ethical principles to a variety of
situations to produce socially responsible resolutions; and (3) synthesize lessons from legal
and ethical case histories in the service of their own professional moral development and
preparation for careers in journalism or other mass communication areas.

Course materials
Required textbooks (2):
1. Digital Media Law. 2nd edition. By Ashley Packard. 2012.
Wiley-Blackwell. ISBN-10: 1118290720 | ISBN-13: 9781118290729 | Retail price: $32-36 paperback with digital &
rental ($16-18) options
2. Media Ethics at Work: True Stories from Young Professionals. Lee
Anne Peck & Guy Reel. 2012. CQ Press. ISBN10: 1452227845 | ISBN-13: 978-1452227849 | Retail price:
$12-37 with digital & rental ($40) options
Copies of both textbooks are available on reserve at the
Loop Library in the DePaul Center on the 10th floor.

Additional required reading and audiovisual materials available in PDF format or

through direct hyperlink at the D2L course website under the Content tab.
For students interested in further reading, these supplementary texts are suggested:
Critiquing Free Speech. Bunker. 2001. Lawrence Erlbaum Associates.
Mass Media Law. Franklin, Anderson & Lidsky. 8th edition. 2011. Foundation.
Law and Ethics for Todays Journalist. Mathewson. 2014. Sharpe.
A Practical Guide to Media Law. Messenger. 2015. Pearson.
Media Ethics. Patterson & Wilkins. 7th edition. 2011. McGraw-Hill.
Mass Media Law. Pember & Calvert. 18th edition. 2013. McGraw-Hill.
Social Media and the Law. Stewart. 2013. Routledge.
Law of Journalism and Mass Communication. Trager, Russomanno & Ross.
3rd edition. 2012. CQ.

Assignments
Total Points
Attendance & participation

100

Ethics tip sheet

200

Know Your FOIA

200

Case brief & presentation

150

Final exam

350
1,000

Attendance & participation: A tenth of the grade is based on mandatory attendance

and quality/quantity of participation in class discussion, lectures, activities, and case
studies. Points deducted for each absence or lack of participation will not be restored.
Ethics tip sheet: After reviewing the SPJ Code of Ethics and other ethics codes and
guidelines in the first few weeks of class, students will devise ethical reporting guidelines in
the form a student media tip sheet in an assigned topic area. Students will draw on case
studies and related material and discussion to form specific recommendations based on
ethical values and principles germane to the topic or aspect of journalism assigned. Due
Jan. 26.
Know Your FOIA: Students will apply lessons about Illinois laws regarding open
records and meetings by completing an assignment that asks them to relate their knowledge
about access law to a variety of reporting contexts and to engage Illinois and federal
lawmakers in the promotion of greater transparency and open access to public records and
data. Due Feb. 11.
Case brief and presentation: All students will be assigned a law or ethics case to
analyze and brief and present in class on an assigned date TBA. Using a model example,
students will highlight facts of the case, present basic analysis, and generate discussion
questions. Presentation of the case brief will include helping lead class discussion and
answering prompts supplied by the book, reading material and/or professor.
Cumulative final exam (March 18, 11:45 a.m.-2 p.m.): The major assessment in
the course is a final exam that offers students the opportunity to demonstrate command and
application of newsgathering law and ethics and how those concepts are being challenged
and altered by the contemporary digital journalism environment. The exam will
incorporate objective multiple-choice questions, true/false and short-answer hypothetical
application questions for all material comprehensive in the course. Students will prepare
with assistance from a study guide provided by the professor and a review session along
with all reading, notes and materials from the entirety of the course.

Grading, feedback & late policy

Specific assignment documents, prompts and materials in D2L will clearly indicate
learning objectives, expectations and grading criteria for all graded work. Students should
read all assignment prompts thoroughly prior to engaging with the assignment and also
prior to submission to ensure completeness in their work.
The conventional 10-point letter-grade scale will be used. The specific grading scale
follows the recommendation of the College of Communication: A (93-100), A- (90-92), B+
(87-89), B (83-86), B- (80-82), C+ (77-79), C (73-76), C- (70-72), D (60-69), F ( 59).
Students receive feedback in the D2L drop box folder in which they submitted their
assignments. Feedback comes in an annotated Word doc or pasted comments. Assignments
are graded within a week of submission except in unusual circumstances that may require
an additional week. Students are encouraged to proactively contact the professor in a timely
manner with questions or requests for further individual feedback.
Assignments submitted late will not be accepted for a passing grade. If you have a
scheduled instance in which you need to miss class on an assignment due date, it is your
responsibility to complete the work and submit it to D2L before the deadline. If you are ill or
have an emergency situation that precludes you from submitting on time, please contact me
before the deadline in question, and I will handle the situation individually.
Make-up work, make-up final exams and incomplete grades will not be offered
except in extreme unusual circumstances and only after the professor receives written
verification of an exigent situation from the Dean of Students Office. The Dean of Students
Office helps students navigate difficult situations, such as personal, financial, medical,
and/or family crises; absence notifications to faculty; late withdrawals; and other support
for students both in and outside of the classroom. For these services and more,
visit http://studentaffairs.depaul.edu/dos/.

Please contact the professor as soon as possible by email if you encounter unusual or
emergency circumstances that prevent you from completing work for the course and be
aware of resources available to you through the Dean of Students Office. The best, most
professional approach is to be proactive if you encounter circumstances that could cause
you to miss assignments or significant portions of the course.

Academic integrity
Academic integrity entails absolute honesty in one's intellectual efforts, including
actively avoiding issues of cheating and plagiarism. Failing to act with academic integrity is
detrimental to the values of DePaul and the College of Communication, including the
pursuit of knowledge and the transmission of ideas. Academic integrity violations include,
but are not limited to, the following: cheating; plagiarism; fabrication; falsification; misuse
of the university's academic resources; alteration or falsification of academic records; and
academic misconduct. Conduct that is punishable under the Academic Integrity Policy
could result in additional disciplinary actions by university officials.
As a class rule, all work must be your own original thinking and writing
supplemented by proper citation and credit where due. Furthermore, all work done for this
course should comply with the University Academic Integrity Policy available in the
student handbook or at http://academicintegrity.depaul.edu. Please see the professor in
advance of submitting work if you have any questions about what constitutes academic
integrity or specific issues such as plagiarism. As a practical matter, do not be the student who
fails an assignment (or worse) in an ethics class for an ethical violation such as plagiarism.
Contact the professor as soon as possible if you have concerns about attribution, citation, or
other issues of academic honesty.

Class Policies: Attendance, participation, technology & office hours

Attendance is required during all class meetings. Please be on time, shut off phones,
and refrain from using class time for computer work unrelated to class. Missing class equals
a forfeiture of participation points for that class meeting except in unusual circumstances.
Exceptions require evidence of emergency conditions and/or medical or university
authorization through the Dean of Students Office. Make-up final exams also will not be
granted without authorization from the Dean of Students Office.
Please consult the professor in private at your earliest convenience to discuss
individual situations regarding absences. Being pro-active regarding assignments and
potential absences is preferable to no contact/no explanation or asking long after the fact.
Participation is rewarded in terms of consistent quality and quantity of contributions.
The class engages with in-class activities, hypothetical situations, and law/ethics cases on a
regular basis. You will be called upon to contribute and expected to be fully prepared to
engage with the discussion and activity. You also will be asked to volunteer to participate.
Becoming an active learner is one of the greatest skills you can take from the course.
Technology in class: Laptops, tablets and mobile devices are approved for use during
limited segments of the course and referencing readings for discussion to avoid the necessity
of making hard copies. However, at other times, I will ask you to close or store those items
to focus on notes and engagement with discussion for reinforcement of core topics of the
course. Violation of this policy will result in deduction of participation grade and possible
removal from the class meeting. Please see me for any questions about the policy.
Office hours: Students are encouraged to visit regularly scheduled office hours or
make a personal appointment to clarify or elaborate on class material. Especially for
journalism majors, it is important to develop relationships with faculty and establish
yourself as a motivated student to learn more about pursuing this career. I also am glad to
discuss progress in the journalism curriculum and extra- and co-curricular opportunities
such as student media and internships.

Special accommodations for disabilities

Students who require special accommodations due to any type of disability should
contact the professor privately at his or her earliest convenience (preferably in the first week
of class) to discuss specific needs. All discussions will remain confidential.
To ensure that you receive the most appropriate reasonable accommodation based
on your individual situation, it is preferable if you contact me during the first week of class.
Also, make sure that you have contacted the Center for Students with Disabilities, Student
Center 370, Lincoln Park Campus, at 773-325-1677 for guidance.

Further academic & technical resources

The Writing Center in Lincoln Park or the Loop is available for consultation on all
aspects of writing assignments. Writing Center tutors are specially trained undergraduate
and graduate students who can help at any stage of the quarter or in your process. Visit
www.depaul.edu/writing for more information.
Technical support is available in the form of tutorials, printable guides and phone
assistance during specified hours. See D2L resources at DePaul's Desire2Learn for
Students page. For technical support by phone, call the Technology Support Center (also
known as TSC or Help Desk) at (312) 362-8765. Hours are Monday-Thursday 8 a.m. to 8
p.m., Friday 8 a.m. to 5 p.m., Saturday 8 a.m. to 4 p.m., and Sunday noon to 4 p.m.

Online Teaching Evaluations

The College of Communication and Dr. Martin take online teaching evaluations
seriously as a means of receiving student input on the course. There will be time allotted in
class in Week 9 to complete evaluations. Beginning Winter Quarter 2015, students also
may complete the evaluations any time using mobile devices. Please see me if you have any
concerns about the class or your progress any time in the quarter.

About the professor

Jason Martin is an assistant professor in the
Journalism Program in the College of Communication. He
completed his Ph.D. in mass communications at the Indiana
University School of Journalism in Bloomington after about
a decade as a professional journalist in several states, most
recently covering the NFL and the Indianapolis Colts. He
researches issues of media law and the civic effects of
journalism and information technology.
Dr. Martin has published multiple scholarly articles on topics of media law in
journals such as North Carolina Journal of Law & Technology, University of Florida Journal of
Law and Public Policy, Communication Law & Policy and the Journal of Media Law & Ethics. His
research has been quoted and cited by U.S. District and state appellate courts as expert
analysis of media law regarding the First Amendment and other federal statutes.
Recent research projects have investigated how courts and state legislatures are
dealing with technological innovations in journalism and whether bloggers and other digital
journalists are covered by state shield laws and common law reporters privilege
protections. In 2012, he also organized a panel of scholars and attorneys in Chicago to
discuss the 40th anniversary of Branzburg v. Hayes and related developments in the law of
protecting confidential sources.
Dr. Martin is actively involved in the leadership of the Law and Policy division of
the Association for Education in Journalism and Mass Communication (AEJMC) as the
Clerk/Newsletter Editor for 2014-15, and he was honored in 2013 by the AEJMC Mass
Communication & Society Division as the top faculty winner of the national Promising
Professor Award for teaching innovation for a public records reporting class. He lives on
the Northwest Side of Chicago with his wife, Deanna, a former reporter for The Associated
Press, and his two young daughters, Quinn, 4, and Sloane, 2.

Teaching philosophy applied to Journalism Law & Ethics

It is a special pleasure every quarter to introduce students to the social responsibility
and democratic function of journalism by connecting First Amendment theory and best
ethical practices in reporting. Many students leave this class invigorated by the prospects of
how journalists values and principles merge so well with the Vincentian values of
education instilled in you at DePaul University.
In this course, conceptual lessons about media law and ethics merge with lessons on
the practical applications of those concepts for reporting in Chicago and the state of Illinois.
The goal is to equip you with the knowledge and ability to take lessons on law and ethics
and improve your reporting and your role as responsible citizens actively involved in the
community.
Therefore, Journalism Law and Ethics requires students to devote and manage their
time to actively reading and engaging with the textbooks, links, PDFs, and other course
materials, and responding with critical thinking and clarity in writing and thought. The
emphasis is on making connections across the class topics so that you have a holistic and
ever-developing understanding of the importance of journalism law and ethics in society as
practitioners and citizens.
A course with a great deal of focus on complicated case studies, both legal and
ethical, that are understood through application to hypothetical situations and discussion
requires students to be active learners and to bring their own experiences to the class in an
atmosphere of mutual respect. Be sure to organize your work as the quarter progresses so
that you are not scrambling to cram for the final exam. Take ownership of your learning
and connect with me beyond the classroom on Twitter and during office hours.
I am eager to help guide you through this material and to answer questions about
any points of the course material as you learn about journalism law and ethics. Please
contact me at jmart181@depaul.edu and I will respond promptly and/or schedule a time
for us to meet to discuss any questions or concerns.

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Tentative course schedule

The final list of reading to be completed prior to class will be announced at the conclusion of the
preceding class and distributed via email and D2L reminders. Links and PDFs in D2L Content will
supplement the following chapters and portions of chapters from the assigned textbooks.

Week 1
Jan. 5 Introduction to Journalism Law & Ethics
Topics: Introduction to the Course and Overview of the Quarter; Constitutional
Justification for Journalism; Significance of the Press Clause; Ethics 101: Fact Checking
To read: Course syllabus; Brandeis PDF; Lessons from Rolling Stone UVA Rape Story &
Avoiding Having an Agenda; If Your Mother Says She Loves You

Jan. 7 Introduction to the First Amendment Law & Theory

Topics: Meaning & Sources of Law; Balancing Constitutional Rights; Limitations on
Protecting Speech; Unprotected Speech; First Amendment Exceptions
To read: Packard Ch. 1 & 2; Categories of Unprotected Expression; First Amendment
Exceptions

Week 2
Jan. 12 Legal Rights Basics for Journalism Students
Topics: Fourth Amendment; Prior Restraint; Censorship; Trespassing;
Photographing/Video Recording in Public; Student Press vs. Professionals; Where to Get
Legal Help
To read: Packard Ch. 2; SPLC Top 10 FAQ PDF; Illinois Eavesdropping Bill; Mason PDF

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Jan. 14 Introduction to Ethical Theory

Topics: Tools for Ethical Decision Making; Ethical Theories; Moral Development Theory
To read: Peck & Reel Ch. 1 & 2

Week 3
Jan. 19 Codes of Ethics
Topic: Breaking down the new SPJ Code of Ethics
To read: Peck & Reel. Ch. 1 (pp. 6-7); SPJ Code of Ethics; SPJ press release on changes
Cases to brief & discuss: Class assigned parts of the SPJ code for brief practice.

Jan. 21 Comparing Ethics Codes & Policies

Topics: Comparing the SPJ code to other ethical codes and policies
To read: Temple Student Journalist Code of Ethics PDF; Dart Center Guidelines for
Covering Campus Rape & Sexual Assault

Week 4
Jan. 26 Newsgathering Law
Topics: Access to Government Meetings, Courts & Public Officials; Protection of
Information; Bartnicki v. Vopper; Sony hacking case.
To read: Packard Ch. 6 pp. 127-128, 134-146; Madigan- Guide to Illinois Open Meetings
Act PDF; Access to Government Meetings; Access to Courts
Assignment due: Ethics Code/Policy Assignment

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Jan. 28 Freedom of Information & Public Records

Topics: FOIA laws; Acquiring and Reporting Using Public Records; Government Data;
Non-Profit Records & Data
To read: Packard Ch. 6 pp. 128-133; Madigan- Guide to Illinois FOIA PDF; Guide to
Federal FOIA; Lighty & Hawthorne- Illinois open records law often a closed door, Illinois
Revised FOIA PDF.

Week 5
Feb. 2 Ethics of Journalistic Verification
Topics: Verifying people; verifying data; verifying social media content
To read: The Verification Handbook; Debunking Online Photos; The Fake Girlfriend
Experience; Getting It First or Getting It Right?; YouTube Data Viewer
Cases to brief & discuss (2): Teo Case PDF; Verifying Photos Case PDF

Feb. 4 Conflicts in Journalism Practice

Topics: Conflicts of Interest; Selecting & Altering Quotes; Balance
To read: Peck & Reel Ch. 18 & 20; Sideline Reporter Case; RTDNA Guidelines for
Avoiding Conflicts of Interest; Are Quotes Sacred?; Taking & Omitting Sides
Cases to brief & discuss (3): Peck & Reel Ch. 18 & 20; Sideline Reporter Case PDF

Week 6
Feb. 9 Law & Ethics of Protecting Sources & Information
Topics: Reporters Privilege; Shield Laws; On/Off Record Ethics

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To read: Illinois Shield Law PDF; Packard Ch. 6 pp. 146-160 & Ch. 22; Leak Case PDF;
Editorial Guidelines for Off the Record; Hill- Simple ways not to get your source arrested.
Cases to brief & discuss: Gubernatorial Election Leak Case PDF; Peck & Reel Ch. 22

Feb. 11 Ethics of Source Sensitivity & Privacy

Topics: Unpublish Requests; Reporting Sensitive Subjects; Mixing Sensitivity Ethics,
Publics Right to Know & Reputational Legal Rights; Pursuing/Publishing Personal Info
To read: Peck & Reel Ch. 15 & 17; Basketball Sexual Violence Case PDF; Grantland/Dr. V
Case (What Grantland Got Wrong & Journalist & the Con Artist)
Cases to brief & discuss (4): Peck & Reel Ch. 15 & 17; Basketball Sexual Violence Case PDF;
Grantland/Dr. V Case

Week 7
Feb. 16 Defamation Law, Part I
Topics: Introduction to Libel Law; Times v. Sullivan; Self-Governance Theory
To read: Packard Ch. 9 pp. 227-236, 241-244, 245-250; Lewis PDF

Feb. 18 Defamation Law, Part II

Topics: Libel Defenses, Statute of Limitations; Other Defamation Torts & Procedures;
Intentional Infliction of Emotional Distress.
To read: Packard Ch. 9 pp. 236-241, 244-245, 250-256; Defamation Law & Ethics of
Hyperlinking

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Week 8
Feb. 23 Privacy Law & Cybersecurity
Topics: Invasion of Privacy; Anonymity Online; Government Surveillance
To read: Packard Ch. 10 pp. 257-274, 283-287, 296-301; Obama's Crackdown on Leaks;
Hill- Sending Encrypted Email

Feb. 25 Law & Ethics of Deceptive Reporting

Topics: Hidden Cameras; Undercover Reporting; Deception
To read: Food Lion case: Law & Ethics, Mirage Bar case, Peck & Reel Ch. 9
Cases to brief & discuss (3): Food Lion; Mirage Bar; Peck & Reel Ch. 9
Assignment due: Know Your FOIA Assignment

Week 9
March 2 Copyright Law
Topics: Copyright Law for Journalists; Public Domain; Creative Commons
To read: Packard Ch. 7 pp. 161-184 & 196-197; Copyright Practice Code Update; Psy
Makes Millions by Ignoring Copyright;

March 4 Fair Use & Commercial Speech

Topics: Trademark Law; Trade Secrets; Commercial Speech; False Advertising; Political
Advertising
To read: Packard Ch. 7 pp. 184-196, Ch 8 pp. 204-213, 221-225 & Ch. 12 pp. 333-358;
Supreme Court Fair Use Cases

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Week 10
March 9 Social Newsgathering Ethics
Topics: Aspects of social media newsgathering ethics
To read: Peck & Reel Ch. 13; Using Objectionable Language from Social Media Case PDF;
Social Newsgathering Ethics from ONA; Twitters Ethical Pressure Points; Jezebel violates
standards; Reported.ly Social Newsgathering Manifesto
Cases to brief & discuss (2): Peck & Reel Ch. 13; Jezebel Case

March 11 Cases in Visual Journalism Ethics

Topics: Digital Photo Manipulation; Recreating Video; Publishing Sensitive Trial Video;
Photography Selection; Potters Box
To read: Peck & Reel Ch. 3, 6, 14 & 16
Cases to brief & discuss (4): Peck & Reel Ch. 3, 6, 14 & 16

Finals Week
March 16 Exam Review Session, time TBA
March 18 Comprehensive Final Exam, 11:45 a.m. to 2 p.m., 1140 Daley

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