MMC 6667

Professor Bill F. Chamberlin

MMC 6667/Law 6936
Bill Chamberlin
Spring Semester 2004

SEMINAR IN ADVANCED TOPICS IN MASS COMMUNICATION LAW
Also senior writing seminar in College of Law

Reminders of 1984 and Animal Farm? President George Bush
and Terrorism, Surveillance, Access to Government Information,
and the First Amendment

NEW: We have an exciting topic for research this semester but because the topic is so current finding all of the resources you need may sometimes be a challenge. Therefore graduate student Nissa Laughner and I put together this start toward a bibliography, so that you could begin the class looking at materials in preparation of your research rather than have to spent that time finding the resources in the first place. Several caveats to this effort: 1) this doesn’t pretend to be comprehensive although a lot of good resources are mentioned below; 2) not all of the books are currently available in Gainesville; if you see one you think might be particularly appropriate, you might want to order on line; 3) some of the rarer material will be available in the instructor’s office for a signature on a document that says you will risk life and limb to make sure I get the publication back for the use of other students; 4) we will get you reserve lists for the law library and the library in Weimer Hall as soon as possible. View Bibliography

CATALOG DESCRIPTION OF MMC 6667

The execution of an individual or group research project on a specialized topic under close supervision of the instructor.

CLASS PURPOSE

To provide students who know basic legal research skills with an opportunity to prepare a research paper under close supervision during the research, analysis, and writing portions of the project. The class will enhance the research and writing skills of the students, focusing on research project development, context for research, interpretation of the data, the relationship between data and writing, writing skills, and drawing conclusions from the data. The class will also provide the students with a strong understand of Internet content regulation issues.

The instructor encourages research of publishable quality, particularly for four-credit students.

CLASS FOCUS

MMC 6667 is a 4-credit graduate level research seminar. LAW 6936 is a standard senior writing seminar, with the exception that almost all of the class time will be in January and March. Students will be attending class 4 hours a week during that time. But students in LAW 6936 rarely will meet with the class in February and April. I can prepare senior writing certificates for all students.

Much of the focus in January will be on developing the essential knowledge on the topics being studied and preparing the proposals for the student projects. Everyone in the class is examining the same basic material so that they can they can effectively discuss and critique each other's work. A common set of readings and similar projects also allows the instructor to have enough understanding of each student’s project to critique it more effectively than usual.
In February the MMC 6667 (or 4-credit students) will be studying ways to analyze and report legal research. The Law 6936 (or 2-credit) students will not attend class but will be expected to work on their research papers.

In March, all student papers are due and the class as a whole will critique the projects.
In April, the 2-credit students will not attend most of the classes but can use the time to rewrite the first versions of their papers. The 4-credit students will discuss how to get research prepared for publication and will discuss a second version of their papers.

CLASS FORMAT

Most of the class will be devoted to a seminar-style discussion. Everyone will be encouraged, and expected, to participate. You can best learn in this class by testing your ideas.
The instructor assumes that every student knows how to find and interpret legal documents. We assume in this class that everyone knows the basics of designing a research project and knows how to use electronic databases. However, the fact that the class does not focus on these issues does not mean that you should not ask about them if you have a question. Since the class should provide each student with as much personal research support as possible, everyone should ask any question that affects their research. You can ask either inside or outside of class.

INSTRUCTOR CONTACT

Since the instructor wants to give each student in the class personal help on each project, he will be as available as possible. He will try to be available during most office hours. In addition, he frequently is in the office Thursday and Friday afternoons but encourages you to make appointments for those times. You always can write him at bchamberlin@jou.ufl.edu. Otherwise, please work through the office manager of the Marion Brechner Citizen Access Project, Dawne Nuri, who will try to get you in touch with him as soon as is practically possible.

Office phone: (352) 273-1095
Office: 2060 Weimer Hall
Office hours: Monday 10-11:30, 1-1:45, 4-4:45
Wednesday 1-1:45, 4-4:45

We will decide at one of the first class meetings whether some of the classes and some of the instructor’s office hours are in Holland.

TEXTBOOK

The only book required of all is The War on our Freedoms; Civil Liberties in an Age of Terrorism, Richard C. Leone and Greg Anrig., Jr. (2003). Everyone in the class must read either 1984 or Animal Farm by George Orwell by January 12. Other readings are on the syllabus and might be assigned occasionally in class.
Four-credit students also will be required to pick up a coursepak from Custom Copy for reading for reading beginning February. The instructor will announce in class when that is available.

GRADING

For 4 credits
Context assignment -- 5 percent
Research proposal – 5 percent
Class participation, including critiques of the work of other students -- 30 percent
Drafts, including class presentations -- 30 percent
Final project -- 30

For 2 credits
Context assignment -- 5 percent
Research question and proposal – 5 percent
Class participation, including critiques of the work of other students -- 30 percent
First Version, including class discussion -- 20 percent
Final project -- 40 percent

Clearly, class participation involves class attendance.

The work of the 2-credit students will be expected to be of standard professional quality. The work of the 4-credit students is expected to be of close to publishable quality. Both standards mean that acceptable papers must be well organized and follow the rules of English grammar. All papers must be written to fit the 17th edition of A Uniform System of Citation. Papers must be accurate and arguments must be well documented. Papers must reflect a practical knowledge of how the legal system works and a sound knowledge of the paper topics. The papers must include, in some form, a literature review, and reflect a solid understanding of the literature of the field. Authors are expected to make intelligent comments about their findings.

SENDING ASSIGNMENTS BY EMAIL

I am very open to receiving assignments via email but need to limit that communication unless I receive adequate paper IN ADVANCE. Printing out every student assignment has become a major new expense that is not built into my budget. Therefore, before I print out any assignment for you other than one page of ideas or a research question I need TO HAVE RECEIVED 50 pages of paper. Then, once that allotment is used up, I need to receive paper in advance before printing out assignments.

READING

All students will be expected in January to read at least two books. The book most critical to our work for the semester is The War on Our Freedoms: Civil Liberties in an Age on Terrorism, edited by Richard Leone and Greg Aurig, a Century Foundation Book, available in the bookstores under the two different course numbers. If you cannot find the book under one number, look under the other. Students also are expected to read either George Orwell’s 1984 and Animal Farm, or both. These books are available at many bookstores in the area on should be on reserve in the journalism school library.

The purposes of all three books are to give you research ideas and contexts for thinking about our subject. We will spend a fair amount of time during the semester about putting your research in context and analyzing the data you find. The three books are intended to be only a start to that process, as well something you can read quickly to size up the issues.

Students also are expected in January to do lots of other reading in other books about Bush and terrorism pertinent to their project. I will provide you with a bibliography of reading materials the first day of class. Four-credit students also will be reading out of a coursepak, available in late January, and will have readings from a booklet about academic writing later in the semester.

PLAGIARISM

Using someone else’s work without properly attributing or citing it is unacceptable, and will result in a flunk for that paper. The associate dean for graduate studies will be consulted about further punishment. Therefore you should use your own words whenever possible. You should use direct quotes when you are copying word for word from another text. You should attribute ideas to their sources. If you have any question about acceptable academic standards, you should consult your instructor.

TENTATIVE CLASS SCHEDULE

(You will see from the syllabus that we move quickly in the first 3-4 weeks. That is in order to get things set up for the necessary timing for the rest of the semester. It is to allow you as much time to work on your research papers as possible. In January you need to read as much about the class topic as fast as possible—probably skim or speed reading a lot. The major goal is the development of a researchable topic. Please note the classes required for the two-credit students are noted below. You are expected to keep close attention to adjustments in the class schedule as we go. )

Jan. 7 (W) – Introduction or focus on material needed primarily 4-credit students
(6936)

Jan. 12 (M) – Followup to introduction and beginning discussion of topic for the semester (6936) Read: George Orwell’s 1984 and Animal Farm (both books have been adapted to
movies available at least at Blockbuster). Leone and Anrig, Introduction
and chp. 1

Jan. 14 (W) -- The most important issues and research topic ideas (6936)
Read: Leone and Anrig, chs. 2, 3, 5, 9-11 and particularly chapters related to the research you want to do, whether in this list or not

Jan. 19 (M) – MARTIN LUTHER KING’S BIRTHDAY

Due: Research ideas (see later in syllabus)

Jan. 21 (W) – Issue discussion and preparation for the proposals (6936)

Jan 26 (M) – Reporting freely or combating terrorism: do you have to choose? (6936)
Read: Protecting the American Homeland; One Year On, Michael
O’Hanlon and seven other authors, everything but chp. 2
See pertinent sections in Homefront Confidential, at www.rcfp.org.

Jan. 28 (W) -- Privacy (6936)
Read: See pertinent sections in Homefront Confidential, at www.rcfp.org.
Additional reading probably will be assigned

Feb. 2 (M) -- Courts (6936)
Read: Leone and Anrig, ch. 13; See pertinent sections in Homefront
Confidential, at www.rcfp.org

Feb. 4 (W) -- Discussion of Gertrude Block, Effective Legal Writing, ch. 7 (logical fallacies and organizing a paper). (6936)
Due: Research proposal (see later in syllabus).

Feb. 9 (M) Discussion of research proposals and Statsky and R. John Wernet, Jr., Case Analysis and Fundamentals of Legal Writing, Fourth Edition, 1995, pp. 103-110, 141-146 and Locke, Silverman, Spirduso, Reading and Understanding Research, 1998, pp. 25, 37-55, 93-114. (6936)

Feb. 11 (W) – Discussion of Locke, Silverman, Spirduso, Reading and Understanding Research, pp. 93-114, 161-162, 167-68, 188-190.

Feb. 16 (M) – Discussion of Posner, The Problems of Jurisprudence, “Introduction: The Birth of Law and Rise of Jurisprudence,“ and Fletcher, Basic Concepts of Legal Thought, 1996, chp. 2 (on “Law”), pp. 87-93 (“Corrective Justice”).

Feb. 18 (W) – Discussion of Fletcher, Basic Concepts of Legal Thought, chps. 2-4 (on “Law,” “Rules” and “Discretion,” Discourse), pp. 87-93 (“Corrective Justice”)

Feb. 23 (M) – Discussion of Fajans and Falk, Scholarly Writing for Law Students, pp. 22-28 and Brian Porto, The Craft of Legal Reasoning, pp. 68-90.

Feb. 25 (W) – Discussion of paper preparation and Barzun and Graff, The Modern Researcher, Fifth Edition, pp. 44-47, 96-110, 119-22 (verification) and Appleby, Hunt, and Jacob, Telling the Truth About History, ch. 7 (truth).(6936 for at least one hour)

March 1 (M) – Discussion of Barzun and Graff, pp. 134-45, 154-80 (facts, ideas, and evidence).

March 3 (W) -- Discussion of Barzun and Graff, pp. 181-92 (bias).

March 8-12 – SPRING BREAK

Mar. 15 (M) – Discussion of revisions and effective writing (Statsky or Barzun and Graff) and
Barzun and Graff, 272-82 (direct quoting) (6936)

Due: First two MMC 6667 papers

Mar. 17 (W) – Discussion of two MMC 6667 papers? (6936)

Mar. 22 (M) – Discussion of two MMC 6667 papers (6936)

Mar. 24 (W) – Discussion of two MMC 6667 papers (6936)

Mar. 25 (29) – Discussion of research papers (6936)

Mar. 27 (31) -- Discussion of two LAW 6936 papers (6936)

Apr. 5 (M) – Discussion of two LAW 6936 papers (6936)

Apr. 7 (W) – Discussion of two LAW 6936 papers (6936)

Apr. 12 (M) – Discussion of Knapp and Daly, A Guide to Publishing in Scholarly Journals, 2nd edition, pp. 12-18, 20-32, 40-51 (reserve in Weimer)
Due: First second versions for MMC 6667 papers

Apr. 14 (W) – Second discussion of first two 6667 papers

Apr. 19 (M) – Second discussion of middle two 6667 papers

Apr. 21 (W) – Second discussion of last two 6667 papers
Due: One final MMC 6667 paper by 5 p.m.

Apr. 22 (Th) – Due: One final MMC 6667 paper by 5 p.m.

Apr. 23 (F) – Due: One final MMC 6667 paper by 5 p.m.

Apr. 26 (M) – Due: Rest of final MMC 6667 papers by 10 a.m.

SEMESTER ASSIGNMENTS

RESEARCH IDEA (Due: Jan. 21)

One or more ideas in a sentence or paragraph or two; I don’t want anything extensive at this stage—just an idea of where you are headed, primarily so I can help you with direction. Please let me know exactly where you are, even if it is not where you want to be. The more focused you can be the better for you, both in terms of getting a head start and getting the most specific comments possible. It is important that you are focusing in on an idea at this stage.

RESEARCH TOPIC REQUIREMENTS

The research must be primarily legal research, and focused on the class topic and the readings assigned. Otherwise, we cannot find our topics fast enough and talk to each other about our topics and research. The later point is the major purpose of the class, and what will distinguish this class from anything else you take. We need to be able to discuss together, with all of us having a maximum amount of knowledge about the topic, about creating research papers, researching ideas, problems involved in writing, and coming to conclusions.

However, there are topics related to this class that will not be considered viable for research except under special conditions. This class is focused on media law research, and therefore most—if not all—topics need to be about government security, national security and secrecy, government surveillance, and citizen privacy, and court oversight on these issues. Much of the class will focus on the PATRIOT Act, the Homeland Security Act, the Freedom of Information Act, Bush administration documents related to these laws, and issues arising out of those legal documents. This is not a research course on immigration, treatment of nationals who may have committed treason, and abuse of prisoners. These topics will not be considered unless 1) there is a free expression component to the research and 2) students can find a law professor with expertise in the subject who is willing to help brainstorm issues you run up against and review the paper once for the class. Requests to do research on international topics will be considered carefully, but must be tailored closely to the overall topic of the class—close enough that other students in the class can make informed suggestions and critique your work without additional reading.

Priorities for the class in January are to prepare for, and select, research topics. The sooner you get started on the research the better. Papers must do more than simply rehash the law. Students must demonstrate an excellent understanding of the issues and provide appropriate social/political/historical/economic and theoretical context. Students are expected to analyze their findings and reach conclusions based on the evidence they provide.

RESEARCH PROJECT REQUIREMENTS

Two-credit students expecting to receive credit for meeting their senior writing requirements in the College of Law must produce an original research paper of at least 25 pages. Students receiving 4 credits must produce a research paper designed for a specific publication. The length of the paper will be determined by the requirements of the publication, but must be a minimum of 20 pages. Any law student taking the course for four credits can meet either of the paper specification requirements. All papers must be typed, double-spaced, original work, and footnoted. Footnotes rather than endnotes are preferred.

ARE TEAM PROJECTS ACCEPTABLE?

Yes, but in a limited way. Everyone must have a paper to present that they alone authored, and for which they did most of the research. However, it is certainly possible that individual students can do pieces of a research project large enough to meet the requirements of both individuals.

RESEARCH QUESTION (Due: Feb. 2)

A one-sentence question that governs your research project. You may elaborate if you choose. You need to give an indication of the geographical and chronological framework of the project proposed. The paper must involve something related to required Internet readings. This question is expected to be adjusted as each student does additional research

RESEARCH PROPOSAL (Due: Feb. 9)

Minimum of five pages but may need to be more (in addition to whatever you do with context assignment—see below). The proposal should include an updated research question and a definition of terms in the question and the geographical and chronological frameworks for the project. In addition, the proposal should include a justification for the project and a discussion of the focus of the paper, the research resources to be used for the paper, how those resources will be located, and how the project fits the projected publication or other project goal. The discussion of target publications must include a review of the most important substantive and style requirements of the publication, including length. The project proposal should also include an analysis of whether the resources necessary to complete the project are available and what expenses will be necessary for the project. A preliminary bibliography must be attached to the proposal.

CONTEXT ASSIGNMENT (Due for whenever you are ready to hand it in but no later than Feb. 9; it would be helpful for you to get feedback on this before you have to turn in your research proposal on Feb. 9)

Five-10 pages explaining the legal and social background of your topic. You can do this at whatever stage of your research you like as long as you meet the Feb. 6 deadline. In other words, this can be a big picture assignment that leads to your topic or a more focused paper looking at your topic. You can include a review of current developments underlying your topic, citing to the appropriate sources. You must include some kind of analysis of three court opinions, statutes, or other legal documents, including one treatment of at least more than one page. You also will be expected to review the most important secondary materials most related to your topic, including three reviews of at least 10 lines on articles or books you will rely on. I do not expect the context assignment to be the definitive piece on your topic as much as a foundation for the rest of your work. Otherwise, the standards for this paper will be the same as for other requirements in the class, including documentation of any assertions and footnoting. The two-fold purpose of this assignment is to give you incentive to lay the groundwork for your research and to give you feedback on what I expect in the class from written assignments before you turn in the major paper.

FIRST VERSION OF RESEARCH PAPER

Unless we use email distribution, multiple copies need to be made available for student review. Students will provide written and in-class critiques focused on adequate data collection, the relationship between the data and the analysis, the quality of the presentation, the organization, and the analysis of the data. Close attention will be given to the work needed to make the paper publishable or, in the case of 2-credit students, acceptable for senior writing credit.

SECOND VERSION OF RESEARCH PAPER

This will be the final version for students taking the course for two credits. For students taking the class for four credits, the second version will be reviewed by the instructor, other students, and an "outside" reviewer, most probably a faculty member in journalism or law, or a media lawyer with publishing experience. Efforts will be made to find reviewers appropriate to the given topics.

THIRD VERSION OF PAPER

Hand in two copies plus previous versions.
Last updated: January 14, 2004