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13 Media L. Notes 1 (1985-1986)

handle is hein.journals/mdilwnts13 and id is 1 raw text is: Media Law Notes Volume 13, Number I Newsletter of the AEJMC Law Division and the AALS Mass Communications Law Section November 1985 Grad Law Courses Stress Libel Issues By Judy D. Lynch University of California, Berkeley Most communications law professors agree that grad- uate level courses in this subject should stress First Amendment theory and scholarly research rather than how to avoid legal problems. But the basic rules of li- bel law command more attention in graduate courses than any other communication law topic. These findings are reported in the Law Division's re- cent survey of graduate level mass communication law courses. The survey was designed as a follow-up to the 1980 survey of mass communication law courses con- ducted by Professors Pullen and Trotter at California State University, Fullerton. Because the 1980 study was primarily targeted at undergraduate courses, the Divi- sion intended for this year's survey to point out key differences between media law courses taught at the un- dergraduate and graduate levels. In the spring of 1985, questionnaires were sent to all the colleges and universities listed in the AEJMC direc- tory as offering graduate programs in journalism or communication. Of the 98 questionnaires sent out, 56 were returned. A report of the survey results and copies of syllabi used by communication law professors throughout the country are available upon request from U.C. Berkeley's Graduate School of Journalism. The study revealed that while most undergraduate communication law courses are taught as survey courses, many graduate courses offer an in-depth re- view of only a few communication law issues. The graduate courses also tend to be much more research- oriented. Graduate students are often required to pro- duce a significant scholarly paper on a current commu- nication law topic, but this is rarely required of undergraduates. Professor Dwight Teeter of University of Texas- agreed that the primary mission of graduate courses should be to teach students how to do scholarly re- search. But in response to a question about the purpose of undergraduate courses, Teeter commented: Much like the virtue of wrestling training, as Marcus Aurelius put it: to teach people to respond to sudden and unex- pected onslaughts. Although there is some disagreement about the ideal text for graduate law courses, the most popular text is, Gillmor and Barron's Mass Communication Law (4th Ed.). Other popular texts for graduate courses include Pember's Mass Media Law, Nelson and Teeter's Law of Mass Communications and Francois' Mass Media Law and Regulation. In Pullen and Trotter's 1980 sur- vey, the Nelson and Teeter text was reported to be most popular. This year's survey attempted to determine the empha- sis given to various topics within the communication law field. In light of the profession's keen interest and concern about libel law today, it is not too surprising that libel is given more emphasis than any other com- munication law issue. Other topics of considerable at- tention in graduate law courses include (in descending order of emphasis): First Amendment theory, invasion of privacy, prior restraints on publication, fair trial /free press, journalists' privilege, and access to govern- ment information. Topics which are rarely or only slightly emphasized in graduate law courses include ad- vertising, copyright and antitrust law. For the most part, the subject matter covered in graduate and undergraduate courses is quite similar with the exception of the greater emphasis of state libel laws and state access laws in undergraduate courses. Specific findings regarding enrollment, reading and testing requirements are also included in the survey re- port. If. you would like a free copy of the 1985 Survey of Graduate Mass Communication Law Courses including samples of syllabi write to: Prof. Judy Lynch, Gradu- ate School of Journalism, North Gate Hall, University of California, Berkeley, California 94720. Student Guide to Legal Research Available By Beverly Keever University of Hawaii A booklet showing students and others how to find federal, state and local legal materials in Hawaii is now available for adaptation by journalism or law educators in other localities. The 99-page booklet, titled The Citizen's Guide: How to Use Legal Materials in Hawaii, includes de- scriptions of and extensive examples of pages of U.S. and nationally available legal materials as well as pages of local materials useful in Hawaii. Sections of the booklet covering the federal materials on the executive, legislative and judicial branches of Continued on page 2

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