COM 250 Syllabus 18 Fall PDF

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SYLLABUS: University of Miami School of Communication COM 250 P (Fall 2018): Freedom of Expression & Communication Ethics; Professor Sam Terilli OFFICE HOURS & CONTACT INFORMATION: Room 2007; (305) 284-8451; [email protected]. I encourage students to come to my office, but I strongly recommend confirming a time by email in advance to avoid scheduling conflicts. Other meetings may get in the way, but I try to reserve Tuesday afternoons until about 3 pm for general office hours. If I need to contact you, I will do it through CaneLink or your UM email. Be sure your contact information is current. Always check your email and any spam filters. COURSE DESCRIPTION & PURPOSE: This course examines freedom of expression, its philosophical roots, and its application to contemporary issues in communications. The course also examines the basics of moral philosophy (ethics) and moral reasoning. The course will include an introduction to the legal framework surrounding expression and its history with emphasis on the impact of technological developments (from forms of writing to the printing press, internet and beyond) and the impact of diversity, war, economics, political structures, and culture. Specific Learning Objectives and Values: 1. Demonstrate a fundamental understanding of the origins, development, and implications of the right to freedom of expression and of the importance of ethics in communication with emphasis on matters of ethnic, racial, gender, and socioeconomic diversity in a global context; 2. Demonstrate knowledge and understanding of the role and structure of the First Amendment to the U.S. Constitution and its application over the course of history and in contemporary society; 3. Demonstrate knowledge of the major schools of ethical thought and reasoning and be able to apply these principles to issues arising across various forms of communication (e.g., motion picture, advertising and public relations, journalism – be it print, broadcast, visual or digital); 4. Demonstrate critical thinking and analytical abilities through multiple forms of expression relating to the subject matter of the course and its assignments. Each student will be required to speak in class and write (both in class and in out-of-class assignments) in a manner that demonstrates critical analysis as well as an effective style that is grammatical, clear and accurate. ASSIGNMENTS, COURSEWORK & GRADING: There will be two tests during the semester, a third test on the date for the final examination and a short written paper due at the end of the semester. The tests and paper are each worth 25% of your grade. You must comply with the assigned test dates unless excused by me in advance. Make-up tests require documented satisfaction of university guidelines. We will discuss the test formats further in class. You may not use any books, notes, computers, cell phones, smart phones or other electronic during any test (the only exceptions are administered by the Academic Resources Center to the extent required by law). If you require special testing or other arrangements, please advise me immediately by email and in accordance with University procedures. The dates in the syllabus are

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approximate and subject to change as a result of current events, weather, and speakers. Stay informed of any changes. ATTENDANCE POLICY: I expect you to attend class. Class attendance and participation may affect your grade positively or negatively. For example, poor attendance (missing more than 3 classes) may result in the reduction of your grade. Each absence may affect your ability to perform well on the tests. Not everything I cover is in the textbook, in the slides or always in your classmate’s notes. SPECIAL SESSIONS: We may have occasional evening or other sessions for special purposes. These may include reviews for exams. Attendance will be optional. TEXT: Freedom of Expression in the Marketplace of Ideas by Douglas M. Fraleigh and Joseph S. Tuman, SAGE Publications, Inc., 2011. Some students rent this book or share a copy with another student or two. I will supplement the text with additional materials. You are required to read a newspaper and watch television news. TECHONOLOGY IN GENERAL: This class is a laptop/tablet/cell phone free zone! I am serious about this. You may bring these items with you, but don’t use them unless instructed by me to do so. If you have an emergency and need to be contacted by phone, I understand. Just let me know. Otherwise, take your notes the old-fashioned way…on paper. Why? I have found that laptops and similar digital tools are a distraction. Some students cannot ignore their social media updates or email. Others are busily trying to type class notes that resemble verbatim transcripts. Neither is particularly useful. Instead, listened, think, engage in the discussions and take a few notes when you think it is appropriate. My sense is those students who synthesize ideas and take general notes as a guide to the text and slides (which I will provide to you before each test) tend to do well in the course. I do not recommend tape recording because you may not find it to be very helpful. Your use of any tape recording or transcription is strictly limited to your personal use. Under no circumstances does this limited permission to record extend to any commercial use. OTHER DETAILS…WRITING RESOURCES: Good writing is an important element of this course. Remember, you are in the School of Communication and writing is an essential form of communication. You may wish to use these resources: The Elements of Style by Strunk & White (this short, easily digested and popular work is always worth revisiting); the Associated Press Stylebook (while this is not strictly a course devoted to this or any other style manual, this is a useful, though at times cumbersome guide); Eat, Shoots & Leaves by Lynne Truss (an entertaining and useful discourse on punctuation); Who is I by Patricia O’Conner (concise and easily read). A good dictionary is always useful; if you use a thesaurus, do so sparingly and intelligently. The university has a writing center and you are free to use it, though I want you to disclose such use. I encourage you to seek their critiques and suggestions, but you must submit only your own work. In my opinion, the two best ways to learn to write include reading and actual practice. Optional Reading & Sources: Freedom of Speech, by Eric Barendt (Oxford, 2d Ed. 2005); Media Ethics – Cases and Moral Reasoning, by Clifford G. Christians, et al. (Allyn and Bacon, Seventh Ed. 2005); Media and Ethics – Principles for Moral Decisions, by Elaine E. Englehardt and Ralph D. Barney (Wadsworth, 2002); Journalism Ethics – Philosophical Foundations for News Media, by John C. Merrill (St. Martin’s Press, 1997); The Elements of Journalism by Bill Kovach & Tom Rosenstiel (Three Rivers Press, 2007). HONOR CODE AND PLAGIARISM: Be familiar with UM’s Honor Code. I will enforced it. I expect students enrolled in this course to follow the Honor Code. The Honor Code protects the academic integrity of the

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University by encouraging consistent ethical behavior in assigned coursework. I will not tolerate academic dishonesty of any kind, for whatever reason. Plagiarism and other forms of cheating are rare in my classes. Don’t do it. Use sources, but also use attribution and citations. Your work must be your own. No honest student wants to be guilty of plagiarism, even unintentionally. The following guidelines and examples will help you avoid falling into the plagiarism trap. Plagiarism is the taking of someone else's words, work, or ideas, and passing them off as a product of your own efforts. Plagiarism often occurs when (i) a person fails to place quotation marks around someone else's exact words; (ii) directly rephrases or paraphrases someone else's words while still using the general form or structure of the original; or (iii) fails to use the proper citation for source material. In student papers, plagiarism often results from:  turning in someone else's paper as your own  using another person's data or ideas without acknowledgment  failing to cite a written source (in print or on the Internet) of information that you used to collect data or ideas  copying an author's exact words and putting them in the paper without quotation marks  rephrasing an author's words and failing to cite the source  copying, rephrasing, or quoting an author's exact words and citing a source other than where the material was obtained. (For example, using a secondary source that cites the original material and citing only the primary material. This misrepresents the nature of the scholarship involved in creating the paper. If you have not read an original publication, do not cite it in your references as if you have!)  using wording that is very similar to that used in the original source and passing it off as one's own. The last item is probably the most common problem in student writing. It is still plagiarism if the student uses an author's key phrases or sentences in a way that implies they are his or her own, even if the student cites the source. The examples provided above are illustrations and do not constitute a comprehensive or exhaustive list. Because you are responsible for what you submit, you should raise in advance any questions or doubts you may have with me or any other appropriate faculty member. Plagiarism may result in a failing grade on the assignment, in the course, or both. RELIGIOUS HOLY DAY POLICY: It is the student’s obligation to provide faculty members with notice of the dates they will be absent for religious holy days, preferably before the beginning of classes but no later than the end of the first three class days. I may consider as unexcused any absences due to observance of religious holy days not pre-arranged within the first three class days. Missing a class due to travel plans associated with a particular holy day does not constitute an excused absence. You may find the University’s complete Religious Holy Day Policy in the current Bulletin.

WEEKLY OUTLINE: All of this is subject to the weather and other interruptions. Keep up with the reading. Some weeks may include chapter sections we will discuss in a later week. The outline of issues is not comprehensive. 1.) Aug. 21 (Tuesday) – Sep. 4 (Tuesday)(5 class sessions): The First Amendment, the Ethic of Expression, Fear and Prior Restraints of Speech. What to read: Chapters 1, 2, and 4 in the textbook; the 1st Amendment; Articles X & XI of the Declaration of the Rights of Man and of the Citizen and Chapters 6 & 7 of the 1977 USSR Constitution (these will be provided). Among the issues we will consider: What speech is protected by law and the courts and what speech is not? How do we decide and who decides? What is at stake? Dissenting voices? Minority viewpoints lost or overrun by the majority, the wealthiest or the most powerful? What are the relevant differences between Civil, Pluralistic Societies and the Theocratic or Despotic societies? Can free speech exist in a sacred monarchy or in a society run by a cult-like figure or oligarchy? What about Cuba under Fidel Castro and after Castro? Is some speech so dangerous that we should allow

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government to review and restrain it in advance? How and why we distinguish between conduct (i.e., action) and expression? What is the difference, if any, between Freedom of Speech and Freedom of the Press? Does the press in the US have special rights? Is it licensed? Who is a journalist? Has the Internet scrambled old approaches? Where do we go for an answer? Philosophers? Academics? Practitioners? The courts? If a speaker is restrained in advance, what does that say about trust? Autonomy? Childhood & schools? In terms of U.S. history, what are the threads from Near to the Pentagon Papers, Iraq, the NSA and Edward Snowden or Julian Assange? Is free speech incompatible with national security? Who decides? What are the standards? Any change in wartime? Times of fear? What is Blasi’s point about pathological periods in our history? What about morality in the US when viewed through entertainment media and specifically motion pictures? Again, what’s speech? From Mutual Film to Burstyn/The Miracle? What’s different about the movies? Is it a fear of new technologies? Fear of the impact? The third person effect? Passion of the Christ? Other examples?

2.) Sep. 6 (Thursday) – Sep. 25 (Tuesday)(6 sessions): Punishments of Speech After Publication Based on Content, the Distinction between Speech and Conduct, and the use of Reasonable Time, Place & Manner Regulations– What to read: Chapters 3, 5, 6, 9 and 10. Among the issues we will consider: When is one merely advocating an idea as opposed to prompting or calling others to action? Does the distinction matter? Why or why not? What is the legal and intellectual line leading from Schenck and Abrams to Brandenburg v. Ohio? After 50 years of refinement, what does the test really mean? Soldiers of Fortune and Contract Killers? Calls for Jihad in the Post-911 world? When does one cross the line between expression of ideas and conspiracy? Calls for the workers of the world to unite? What are the differences between flash mobs v. mob violence and radio stations in Rwanda? Can we find common threads linking political advocacy to our notions of free will and causation? For what should speakers be accountable? Consider Grayned, Clark and Skokie? What are reasonable time, pace and manner regulations, public and private forums and do we adequately balance the rights or needs of the public, private property owners and police with those of the speakers? What is content neutrality? Is this a continuum with many shades of grey and fewer blacks and whites? Is it not enough to protect words only? What are examples of meaningful symbolic expression from flags to wars? When are words too much or beyond the scope of protection? Words that constitute conduct or transactions? Why care about art and the Avant-Garde? When is symbolic conduct protected as expression? ***EXAMINATION #1: Sep. 27 – Thursday (1 Day); (100 points) - NOTE – Test Results will be distributed in class. Assume grading will take 1 week-to-ten days.

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3.) Oct. 2 (Tues.) – Oct. 25 (Thursday): Other categories of speech or content and other rights – Can we categorize speech to exclude some from protection and thus protect certain non-speech values of great importance? What to read: Chapters 7, 8, 12 and 14 as well as additional materials to be assigned. Among the issues we will consider: What are the contours of and competing interests at stake in the law and ethics of the following Obscenity, Indecency & Profanity (morality & sensitivity?) Defamation & Privacy (interests in reputation, solitude, autonomy?) Is the line again one between conduct and speech? What of Child Pornography? Who owns what and why it matters. What are the roots of some of our tort laws? Is there is right to offend? What of the desire not to be offended? Who decides? Why? What is the role of personal rights in the marketplace of ideas and free expression? Does a categorical exceptions approach help or hinder our efforts to protect and define speech? What is intellectual property and how is it different from other forms of property? Why protect and how to balance with freedom? From the Betamax case to Grokster, Acuff Rose and Aereo, has anything really changed in terms of the law? ***EXAMINATION #2: Nov. 1 – THURS. (1 Day); (100 points) - - NOTE – Test Results will be distributed in class. Assume grading will take 1 week-to-ten days. 4.) Nov. 6 (Tuesday) – Dec. 4 (Tues.): Special Speech Issues, Technological Change, New Media, and the Ethic of Expression What to read: Chapters 11, 13 (possibly - TBD) and 15 as well as additional materials to be assigned. Among the issues we will consider: The law in cyberspace. Broadcasting and other technologies. Cake-making, marriage equality, drugs and worship, and monuments… how the establishment, free exercise and free speech clause intersect and at times possibly even conflict or confound. Materials will be assigned. Did the rise of radio or television represent a change in the law or our First Amendment aspirations? Do new technologies inevitably change how we balance competing rights? How do these rights and laws change in cyberspace? Is the Internet really different? What is the value of commercial information (e.g., advertising and public relations) and what are the risks? Corporate Speech, Lobbying & Cash – are they all the same under the First Amendment? Should that be the law? Is the classification of some speech as high-value (i.e., political) and other speech as low value make any sense? How does a government speak? Should it? What are the risks of some types of government speech? What if the employees of government want to speak? Are they citizens or agents of the state? What is propaganda? Is it all the same…the good, the bad and the ugly…the white, the gray and the black of shades in between? Of flags and fear: Do the symbols matter? Does the subject or regulatory background matter… what about government pushing mushrooms, fruit or beef for dinner? Can we balance the risks and rewards based on who is paying and who is speaking or listening? Why is information controlled by government so important?

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In light of the preceding units what are the values underlying the First Amendment in the US? What about speech and values elsewhere? Consider again Blasi’s Checking Value; Resilience; Autonomy; Self-Government; Discovery of Truth; the Fear of Inevitable Abuse of Authority; Communities of Interests…other ideas? Is Democracy or Self-Government a universal value? Is universality possible? What about Holmes and the Common Law? If not a right to be heard or an obligation to listen, perhaps at least a right not to be silenced? Speak & let others speak? FINAL PAPER: We will discuss the details in class. The paper will have a word limit. It is not a research paper. Your writing (syntax, grammar, spelling, clarity, etc.) and content will all count. Your work must be your own. (100 points) FINAL EXAMINATION: Held on Date Assigned by UM for this section (Check the online calendar; the final is currently scheduled for Dec. 11 at 11 am (100 points).

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COM 250 Fall 2018 The University requires acknowledgement of receipt and reading of the syllabus. Please do so below. If you have any questions, please let me know. Also, please include current contact information for use during the semester. If this information changes, please let me know in case I need to forward materials or information to you. It is your responsibility to stay in contact with me and to make yourself aware of any changes in the schedule. Thank you. Professor Terilli

STUDENT ACKNOWLEDGEMENT: I HAVE RECEIVED AND READ THE SYLLABUS FOR COM 250. I HAVE COMPLETED THE PREREQUISITE COURSES LISTED IN THE SYLLABUS OR HAVE HAD THE PROFESSOR SIGN BELOW TO CERTIFY A WAIVER OF THE PREREQUISITES. SIGNED:________________________________________________ PRINTED NAME:________________________________________ DATE:__________________________________________________ CURRENT EMAIL:_______________________________________ CURRENT TELEPHONE OR OTHER CONTACT INFORMATION: ________________________________________________________

Professor Signature Certifying Waiver of Prerequisites, If any: __

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