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43 Media L. Notes 1 (2014-2015)

handle is hein.journals/mdilwnts43 and id is 1 raw text is: AEJMC Law & Policy Division

Head Note
Chip Stewart
Texas Christian University
d.stewart@tcu.edu
During the ongoing protests in
Ferguson, Missouri, that began
in August, 22 journalists have been
arrested, according to the Freedom of
the Press Foundation. These include
Wesley Lowery of the Washington Post
and Ryan J. Reilly of the Huffington Post,
both detained after a run-in with police
who asked them to leave a McDonald's
restaurant, to citizen journalist Antonio
French, who was swept up during the
protests.
The protests, which began just as the
fall semester was staring for many of us,

are a challenge and an opportunity for us
as teachers of mass media law and policy.
We traditionally teach about the theory
and practice of the First Amendment
through a series of cases and history,
but we also have history in the making,
with journalists and dissenters being
intimidated and arrested for scrutinizing
government conduct -- the sort of thing
we would more often associate with
the World War I era, or Cold War Soviet
Union, or even China or Russia today --
but instead here and now in the United
States. Our own Dan Kozlowski, vice head
of the Law & Policy Division and a media
law professor at St. Louis University, used
the Ferguson protests and arrests in
his Freedom of Expression course, was
quoted in an article by Poynter in saying
that You could teach a whole course on

Ferguson.
The episode got me thinking about
what it is I teach, and what it is we
impart to students in our media law
courses. I know that when I took a
media law course 20ish years ago, we
mostly focused on First Amendment
matters, student speech and libel. My
law school experience was largely the
same, with more focus on theory and
caselaw and less on the practicalities of
having a working knowledge of the law
in a way that would be meaningful for
young journalists. That was the sort of
thing to be learned in a newsroom, not
in a classroom.
But along the way, we can impart some
very practical lessons to students. One
See Head Notes, 2

In This Issue

The revelations sprung on the world
by Edward Snowden continue to
resonate and raise questions about ev-
erything from government surveillance
of communications to free flow of infor-
mation to the protection of whistleblow-
ers and the intersection of leak investiga-
tions and the journalistic process.
Often compared to Daniel Ellsberg,
who leaked the documents leading to
the Pentagon Papers case, a staple in
Com Law classes since 1971, the long-
term legal effects of Snowden's leaks
are far from determined. However, his
revelations and their effects on news-
gathering and journalism itself have not
been muted.
Snowden's role in fueling an interna-
tional debate was a centerpiece in this
year's Tully Center of Free Speech Award
at Syracuse University's Newhouse

Roy Gutterman
Director, Tully Center for Free Speech
Assoc. Prof., S.I. Newhouse School
Syracuse University
rsgutter@syr.edu
School. The award honors a journalist
who has faced significant turmoil in the
previous year. In the past, the center
has rewarded journalists from far-off
parts of the world who have been jailed,
kidnapped, beaten, tortured and exiled.
This year's honoree, Alan Rusbridger,
editor-in-chief of The Guardian, dealt
with different kinds of problems than
our previous six winners.
The British editor faced and still faces
possible criminal sanctions following
his publication of stories based on the
See Specter, 2
1

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