Click here to print/view readings: Law Spring 20
Week 1: Introduction to the Judicial Process
and the Supreme Court
(Jan. 21)
Siegel, 1
Tim Herrera, “Hide Your Phone When You’re Working. Seriously.” New York Times, Dec. 2, 2018
Adam Liptak, “How Conservatives Weaponized the First Amendment,” New York Times, June 30, 2018
David Leonhardt, “The Supreme Court is Coming Apart,” New York Times, Sept. 23, 2018
Adam Liptak, “Confirming Kavanaugh: A Triumph for Conservatives, but a Blow to the Court’s Image,” New York Times, Oct. 6, 2018
Michael Tomasky, “The Courts Legitimacy Crisis,” New York Times, Oct. 6, 2018
Yourish, Pecanha and Griggs, “Kavanaugh is One of Only 114 to Join the Exclusive Club of Justices: Here’s How he Fits In,” New York Times, Oct. 8, 2018
Adam Liptak, “As Supreme Court Tips Right, Chief Justice Steers to Center,” New York Times, Dec. 24, 2018
In Class: Review Syllabus; Supreme Court, Trump and the First Amendment
Week 2 Sedition: Clear & Present Danger
(Jan. 28)
Siegel, 2, 29-49
Karen List, “Conscience of Juror Offers Guide to Understanding Great Western MA Sedition Trial,” Daily Hampshire Gazette, November 2009 (See List PDF)
Goeffrey Stone, “The Lawsuit Against Black Lives Matter and the Central Meaning of the First Amendment,” Huffington Post, July 10, 2017
Hunter Styles, “Is that a threat?” Valley Advocate, Jan. 15, 2017
In Class: Judicial Terms Quiz; Western MA Sedition Trial and “True Threats”
Week 3: Prior Restraint
(Feb. 4)
Siegel, 2, 49-78
Clyde Haberman, “Amid Leaks, Recalling an Epic Battle Over Press Freedom in Nixon Era,” New York Times, March 26. 2017
Dana Priest, “Did the Pentagon Papers Matter?” Columbia Journalism Review, Spring 2016
Scott Shane, “Leaks: A Uniquely American Way of Annoying the Authorities,” New York Times, May 25, 2017
Margaret Sullivan, “Of course Washington is plagued by leaks. That’s a good thing,” Washington Post, June 4, 2017
Margaret Sullivan, “How the new Assange indictment crosses a bright red line for journalists,” Washington Post, May 24, 2018
In Class: Journalists and Whistleblowers
Week 4: Prior Restraint Through Contract Law, Time/Place/Manner Regulation, Symbolic Speech and in High School/College
(Feb. 11, 20)
Geoffrey Stone, “Richard Spencer’s Right to Speak at Auburn,” New York Times, April 18, 2017
Jill Lepore, “Flip-Flopping on Free Speech,” The New Yorker, Oct. 9, 2017
In Class: TPM & Symbolic Speech: The Westboro Baptist Church and Colin Kaepernick; What is Free Speech?
Week 5: Test
(Feb. 25)
Test #1
Week 6: Libel
(March 3)
Siegel, 3
New York Times Editorial Board, “Donald Trump v. a Free Press,” New York Times, Oct. 13, 2016
Adam Liptak, “Can Trump Change Libel Laws,” New York Times, March 31, 2017
David McCraw, “Suing the Times? Read This First,” New York Times, Nov. 30, 2018
In Class: Dissect a Libel Case
Week 7: Libel Continued
(March 10)
Siegel, 4, 462-464
Karen List, “Reckless Disregard for the Truth” (See List PDF)
Jonathan Peters, “Can I say that? A legal primer for journalists,” Nov. 9, 2015
Emily Bazelon, “Stop the Presses,” New York Times Magazine, Nov. 27, 2016
Jonathan Peters, “Libel law is having a moment,” Columbia Journalism Review, Oct. 23, 2018
In Class: Recent Libel Losses; Outrageous Opinions
Week 8: Access
(March 24)
Siegel, 7
Jake Lucas, “The Law That Lets Sunshine In,” New York Times, July 22, 2018
Kelly Hinchcliffe, “Top 10 tips for getting public records,” Poynter, Sept. 28, 2015
Jonathan Peters, “Just launched: A tool that will make life easier for FOIA reporters,” Columbia Journalism Review, Oct. 3, 2016
Stephen Stirling and S. P. Sullivan, “Death & Dysfunction: How N.J. fails the dead, betrays the living and is a national disgrace,” nj.com, Dec. 14, 2017
Stephen Stirling and S.P. Sullivan, “Force Report,” nj.com, 2018
In Class: How to Use FOIA/Shield Laws
Week 9: Copyright
(March 31)
Siegel, 6 (209-249), 464-470
Jonathan Peters, “Can I use that? A legal primer for journalists,” Columbia Journalism Review, October 1, 2015
In Class: Marvin Gaye vs Robin Thicke
Test #2
Week 10: Privacy
(April 2)
Siegel, 5, 470-472
Sydney Ember, “Gawker Ends a Dispute that Led to Bankruptcy,” New York Times, Nov. 3, 2016
In Class: A Hulk Hogan Effect?
Week 11: Privacy Continued
(April 7)
Jonathan Peters, “Can I do that? A legal primer for journalists,” Columbia Journalism Review, Nov. 5, 2015
Vicki Krueger, “How to Protect Yourselves from Legal Risks While Reporting,” Poynter, Oct. 4, 2016
Matt Apuzzo, “For an Investigative Reporter, Privacy is Paramount,” New York Times, Dec. 27, 2018
In Class: What Reporters Can and Can’t Do
Week 12: Courts/Protection of Sources
(April 14)
Siegel, 9
Karen List, “Reporters Must Protect Sources,” Daily Hampshire Gazette, July 7. 2005 (See List PDF)
“News Wars,” Frontline, PBS, 2006: Part I, Sec. 4, 5, 6 and 7; Part II, Sec. 15
Julie Bosman, “Journalist Who Told Laquan McDonald’s Story Faces Fight Over Sources,” New York Times, Nov. 26, 2017
Jonathan Peters, “Shield Laws and journalist’s privilege: The basics every reporter should know,” Columbia Journalism Review, Aug. 22, 2016
In Class: Who’s the State of “News Wars”?
Week 13: Courts/Free Press-Fair Trial/Gag Orders
(April 21)
Siegel, 8
Karen List, “Why courts are still leery of the media,” Daily Hampshire Gazette, Jan. 1, 20ll (See List PDF)
Stephanie Clifford, “TV Habits? Medical History? Tests for Jury Duty Get Personal,” New York Times, Aug. 21, 2014
Katherine Seelye, “U.S. Appeals Court Rejects Fifth Attempt to Move Boston Marathon Bombing Trial,” New York Times, March 1, 2015
Milton Valencia, “The focus now isn’t on Dzhokhar Tsarnaev. It’s on the judge, the attorneys, and the jurors,” Boston Globe, Dec. 7, 2019
Ronald Wright, “Yes, Jury Selection Is as Racist as You Think. Now We Have Proof,” New York Times, Dec. 4, 2018
Damien Cave, “Do Gag Orders Protect Rights or Curtail Them?” New York Times, Dec. 15, 2018
In Class: Could You Be A Juror?
Week 14: Exam
(April 29)
Test #3
Journalism and Law 