COMS 611: Communication Law and Ethics

Prerequisite: Graduate standing

Credit Hours: (3) Three hours seminar

Survey of the legal and ethical constraints placed upon the content, form, and transmission of messages in a variety of contexts related to personal, political, business, and corporate life.

Detailed Description of Content of Course

This course is equally divided between an examination of the legal issues that guide and constrain communication and an exploration of the ethical principles that have been used to evaluate the moral dimension of communication. In the first part of the course we examine the following issues:

• What premises underscore a belief of freedom of speech?
• How broadly should we define the word "speec?."
• What is the nature of defamation and should their be alternative ways for libelous speech to be dealt with rather than through litigation?
• Is there a right to privacy and if it does exist, how can such a right be balanced with the public's right to know matters that deal with the conduct of society?
• To what extent can speech that stirs groups to hatred be controlled?
• Can freedom of the press result in prejudiced trials and actually curtail the right to a fair trial?
• What communication model undergirds the concept of symbolic battery and are there alternative communication models that would call that concept into question?
• What can a society do to regulate prose and pictures that some portion of that society deems objectionable?
• Can legal action successfully oppose lies and misrepresentations?
• When does persuasive speech become intimidation and coercion and can the law regulate those who step over that line?
• Can a society that believes in freedom of speech curtail the activities of those who would incite others to illegal actions or limit the speech of those who conspire against the government?
• Can the government force a person to speak or is the right not to speak implied within the First Amendment?
• To what extent can the communication that takes place between those who govern be kept a secret and when should it be legal to make governmental communication public?

In the second part of the course we focus on the central ethical question related to communication: What is lying and is it ever morally justified. We examine historical definitions of lying and various justifications used to justify lies. We attempt to define lying and to explore as many contexts in which this moral issue might arise as possible. WE examine polite social exchanges which form the climate for "white lies." We also examine such contexts as lying to those who lie first, lying to enemies, lying to protect peers and clients, lying whose announced goal is to serve the public good, deceptive social science research, lies to children and to the sick and dying.

Detailed Description of the Conduct of Course

The basic teaching philosophy that undergirds this course is that students learn best by writing and talking about idea. There are no exams. Each person takes his or her turn in leading the discussion based on the textbook material. Each student writes 4 papers. Each paper varies in length between 5-7 pages. The first two papers require students to imagine themselves as Supreme Court justice writing the majority and minority opinion related to a fictional scenario based on one of the legal issues. This assignment requires the student in a short amount to space to argue using the precedents established by previous Supreme Court decisions. By having the student argue both the majority and minority opinion the student is forced to recognize the validity of arguments that underscore both the liberal and conservative viewpoint on the First Amendment. The third paper places the student into a series of ethical scenarios based on the various contexts of lying and asks the student to place these scenarios along a continuum of most justified act of lying to least justified act of lying. The student then looks at his or her continuum and attempts to explain the general ethical principles that have guided his or her choices. The last paper requires the student to write a speech explaining how he or she maintains consistency between his or her political philosophy of free speech and his or her ethical principles of speech.

Goals and Objectives of the Course

The student will:

1. Gain an appreciation for the first amendment and an understanding of the complex issues that have grown out of it.
2. Examine the underlying assumptions about the nature of communication that undergird various Supreme Court decisions at various points in the history of our country.
3. Master various ways philosophers and ethicists have thought about the ethical dimensions of communication.
4. Establish a cohesive set of ethical principles for examining the communication activity of people and organizations in our society.

Assessment Measures

Students are evaluated on the basis on their ability to master the underlying principles of law and ethics and to bring these principles to bear on real life experiences. A premium is placed on clear, concise writing and vigorous debate that encourages all philosophical perspectives to be presented. Each student is held to high standards of writing while at the same time being allowed to rewrite papers as many times as is necessary to reach those standards.

Other Course Information

None

Review and Approval

DATE ACTION REVIEWED BY
April 1999 David Dobkins, Chair