Tag Archives | Scholarship

Cleary Student Paper Competition Honors Attorney James Cleary, a Passionate Supporter of Journalism

This year marks the second year of the UNC Center for Media Law and Policy’s James R. Cleary Student Paper Competition. Cash prizes are awarded to the student authors of published papers that most creatively and convincingly propose solutions to significant problems in the field of media law and policy, including First Amendment speech and press issues.

The competition was made possible by James Cleary’s daughter, Dr. Johanna Cleary, a Ph.D. graduate of the UNC Hussman School of Journalism Media and a former Park Fellow. Kriste Patrow, a UNC Ph.D. candidate in the School, asked Dr. Cleary about her Dad and his legacy.

Q: So, can you start by telling me a little bit about the work your father did?

Cleary: Well, my Dad was in a general practice most of his life, but he always had a great interest in and passion for the media. In fact, the way he paid his way through his undergraduate degree and a lot of his law school expenses was by working in radio.

Dad, as a teenager, began working as a radio announcer in the 1940s. He worked at some smaller stations in Alabama and then a featured spot on one of the major stations in Birmingham, Alabama. His radio show, at the time he was doing it, was actually the number-one rated program in the country. He was part of a group that put the first television station on the air in Huntsville, Alabama, which was very much a growing city at the time. And he also was part of a partnership that put together the second newspaper in Huntsville.

So, he had this great love for media and a great interest in it. He also understood the importance of law to our society, and so he ultimately went on to law school and was a practicing attorney for about 56 years.

Q: What kind of work did he do as an attorney?

Cleary: Well, because my Dad was in a general practice, his media specific work was geographically determined.  Basically he was admitted to the group that could practice before the Federal Communications Commission. He did a lot of the legal work in terms of setting up the ownership for those stations, which is a pretty complicated process. So, from a very hands-on standpoint he was very committed to the importance of the media, and I think philosophically, the importance of the media to democracy. I think Dad really did believe in the Fourth Estate — that there is an important role in the press to play in preserving a democracy for us.

Q: So, he believed in the media’s role as a watchdog on government?

Cleary: The important thing that my father really believed in was an informed and educated population – the idea Aristotle had that informed people can make good decisions for themselves. That being informed just doesn’t happen by magic. There is a lot of work that goes into that: Work both on the part of the media and the part of the public, the consuming public.

Q: Can you tell me a bit about what inspired you to donate to the UNC Center for Media Law and Policy in particular?

Cleary: I am a product of the doctoral program there, and I was very fortunate to receive one of the Park Fellowships. So, I was very grateful to the School and to the Park family for having that opportunity. I could have gone to any number of different initiatives, but I knew the national reputation of the media law program there. I knew the individuals involved with the Center’s leadership there and certainly have the highest of opinions of them.

The Center was kind of getting up and running really at the time that my Dad visited UNC when I graduated. So, he had an idea of the quality of the program there. I think he highly approved of what was being done there and where they were going.

The importance of the press to our democracy just can’t be overstated and neither can the role that media law plays in making sure that stays the case. I mean, this isn’t just something that happens by luck and chance.

So, it was a collection of a lot of things. It just seemed to be the perfect match. I’m very pleased that they had the idea of creating this award in honor of my father. That’s very meaningful.

Q: What are your hopes for the Cleary Award moving forward?

Cleary:  That’s a good question. I think people are looking toward the emerging scholars to say “Where do we go? What are the things we need to know? What are the rules that we need to come up with? Where do we leave it alone? Where do we need to roll up our sleeves and get involved?” This time, more so than any I remember, students have the opportunity to shape the future. My hope for the award is that it will recognize the impact that student scholars are already having and encourage the potential they have to shape, certainly the media field, but really our democracy to a large extent.

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The James R. Cleary Prize for Student Media Law and Policy Research 2019 Competition

The UNC Center for Media Law and Policy is now accepting submissions for the James R. Cleary Prize.  The annual award competition, which highlights the best student-authored scholarly articles on media law and policy related topics, honors the legacy of James R. Cleary, an attorney who practiced for 56 years in Huntsville, Ala.  He was particularly interested in the communications field and media law issues.  Cleary’s daughter, Johanna Cleary, is a 2004 Ph.D. graduate of the UNC Hussman School of Journalism and Media.

You can read about last year’s winners, Austin Vining, a joint JD/Ph.D. student at the University of Florida Levin College of Law and College of Journalism and Communications, and Alexandra Baruch Bachman, from the University of North Carolina School of Law, here.

The prize competition is open to all college and university students. Up to three winners will be selected, with a first prize of $1,000, a second prize of $500, and a third prize of $250. The prizes will be awarded to the authors of published papers that most creatively and convincingly propose solutions to significant problems in the field of media law and policy, including First Amendment speech and press issues. All methodologies are welcome.

The new deadline for submission is April 15, 2020.

Rules

  1. The author of the submitted publication must have been enrolled in a graduate or undergraduate degree-granting program in the United States at the time the article was accepted for publication. This includes, but is not limited to, students enrolled in M.A. and Ph.D. programs, law school (including J.D., LL.M., and J.S.D. candidates), and other professional schools (including M.B.A. candidates).
  2. The submitted paper must have been published in a law review or peer-reviewed journal during the 2019 calendar year.
  3. Each student may submit only one entry.
  4. Jointly authored papers are eligible, provided all authors meet the eligibility requirements for the competition. If a winning paper has more than one author, the prize will be split equally among the co-authors. No work with a faculty co-author will be considered.
  5. Each entry must be the original work of the listed author(s). The author(s) must perform all of the key tasks of identifying the topic, researching it, analyzing it, formulating positions and arguments, and writing and revising the paper.
  6. Papers will be evaluated based on a number of factors, including thoroughness of research and analysis, relevance to the competition topic, relevance to current legal and/ or public policy debates, originality of thought, and clarity of expression.
  7. The prize will be monetary. Winners will be required to submit a completed W-9, affidavit of eligibility, tax acknowledgment and liability release for tax purposes as a condition of receiving the cash prize.
  8. In the unlikely event that entries are of insufficient quality to merit an award, the Center for Media Law and Policy reserves the right not to award some or all of the prizes.

Submission Process

  • All entries must be received by 11:59 p.m. EST on March 15, 2020.
  • Entries must be sent via email to medialaw[at]unc.edu with the following in the subject line: “James R. Cleary Prize Submission: [Name of Author]”
  • Papers should be submitted in Portable Document Format (.pdf).
  • Entries MUST include a signed cover sheet that may be downloaded from the Center for Media Law Policy’s website here.

A review committee comprised of faculty and affiliates from the UNC Center for Media Law and Policy will review the submissions and determine the winning paper(s). The decisions of the committee are final. Winners will be notified and final results will appear on the Center’s website in late spring. Due to the large number of expected entries, the Center cannot contact all non-winning entrants.

For more information, please visit our Cleary Competition page. Submit your research to win this award!

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The James R. Cleary Prize for Student Media Law and Policy Research 2018 Competition

I am thrilled to announce that the UNC Center for Media Law and Policy will award an annual prize to students who write the best published scholarly articles on media law and policy related topics. The award honors the legacy of James R. Cleary, an attorney who practiced for 56 years in Huntsville, Ala.  He was particularly interested in the communications field and media law issues.  Cleary’s daughter, Johanna Cleary, is a 2004 Ph.D. graduate of the UNC School of Media and Journalism.

The prize competition is open to all college and university students. Up to three winners will be selected, with a first prize of $1,000, a second prize of $500, and a third prize of $250. The prizes will be awarded to the authors of published papers that most creatively and convincingly propose solutions to significant problems in the field of media law and policy, including First Amendment speech and press issues. All methodologies are welcome.

The deadline for submission is April 15, 2019.

Rules

  1. The author of the submitted publication must have been enrolled in a graduate or undergraduate degree-granting program in the United States at the time the article was accepted for publication. This includes, but is not limited to, students enrolled in M.A. and Ph.D. programs, law school (including J.D., L.L.M., and J.S.D. candidates), and other professional schools (including M.B.A. candidates).
  2. The submitted paper must have been published in a law review or peer-reviewed journal during the prior calendar year.
  3. Each student may submit only one entry.
  4. Jointly authored papers are eligible, provided all authors meet the eligibility requirements for the competition. If a winning paper has more than one author, the prize will be split equally among the co-authors. No work with a faculty co-author will be considered.
  5. Each entry must be the original work of the listed author(s). The author(s) must perform all of the key tasks of identifying the topic, researching it, analyzing it, formulating positions and arguments, and writing and revising the paper.
  6. Papers will be evaluated based on a number of factors, including thoroughness of research and analysis, relevance to the competition topic, relevance to current legal and/ or public policy debates, originality of thought, and clarity of expression.
  7. The prize will be monetary. Winners will be required to submit a completed W-9, affidavit of eligibility, tax acknowledgment and liability release for tax purposes as a condition of receiving the cash prize.
  8. In the unlikely event that entries are of insufficient quality to merit an award, the Center for Media Law and Policy reserves the right not to award some or all of the prizes.

Submission Process

  • All entries must be received by 11:59 p.m. EST on April 15, 2019.
  • Entries must be sent via email to medialaw[at]unc.edu with the following in the subject line: “James R. Cleary Prize Submission: [Name of Author]”
  • Papers should be submitted in Portable Document Format (.pdf).
  • Entries MUST include a signed cover sheet that may be downloaded from the Center for Media Law Policy’s website here.

A review committee comprised of faculty and affiliates from the UNC Center for Media Law and Policy will review the submissions and determine the winning paper(s). The decisions of the committee are final. Winners will be notified and final results will appear on the Center’s website in late spring. Due to the large number of expected entries, the Center cannot contact all non-winning entrants.

For more information, please visit our Cleary Competition page. Submit your research to win this award!

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Announcing the Center for Media Law and Policy’s 2017-18 Affiliated Faculty

We are excited to announce the Center’s 2017-18 faculty affiliates. This year, the Center added six scholars to our returning group of affiliated faculty, and we are thrilled to have them join our community. Our newest faculty affiliates are:

  • Frayda Bluestein, David M. Lawrence Distinguished Professor of Public Law and Government, UNC School of Government
  • Deen Freelon, Associate Professor, UNC School of Media and Journalism
  • William Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, UNC School of Law
  • Alice Marwick, Assistant Professor, UNC Department of Communication
  • Torin Monahan, Professor, UNC Department of Communication
  • Zeynep Tufecki, Associate Professor, UNC School of Information and Library Science

They will be joining our returning faculty affiliates: Penny Abernathy, Victoria Smith Ekstrand, Deborah Gerhardt, Anne Gilliland, Ferrel GuilloryDave Hansen, Michael Hoefges, Paul Jones, Anne Klinefelter, Daniel Kreiss, Cal Lee, Gary Marchionini, Mary-Rose Papandrea, and Ryan Thornburg. You can read about each of these amazing scholars on our Affiliated Faculty page.

Affiliates of the Center are a community of scholars interested in the interdisciplinary exploration of issues related to media law and policy. Faculty affiliates play an active role in the life of the Center by participating in the Center’s activities and identifying opportunities for interdisciplinary collaborations.

Image by Martin Grandjean licensed under Creative Commons Attribution-Share Alike 3.0 Unported license.

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Student to Publish in Hastings Comm/Ent Law Journal

P. Brooks Fuller, a second-year Ph.D. student and Roy H. Park Fellow in the UNC School of Journalism and Mass Communication, has had an article accepted for publication in the Hastings Communications and Entertainment Law Journal (Comm/Ent). The article, “Evaluating Intent in True Threats Cases: The Importance of Context in Analyzing Threatening Internet Messages,” will appear in the Fall issue of Comm/Ent. The journal is published by the University of California’s Hastings College of Law and is among the best-known law reviews specializing in communications law and policy issues. The article is based on a research paper written for one of the J-School’s graduate media law courses. Brooks also presented his research earlier this month at the annual conference of the Association for Education in Journalism and Mass Communication in Montreal, Canada.

Brooks’ article examines federal courts’ treatment of Internet threats in light of the U.S. Supreme Court’s 2003 ruling in Virginia v. Black. The full abstract is below.

Following the Supreme Court’s most recent ruling on the true threats doctrine, Virginia v. Black (2003), significant conflict emerged among the federal circuit courts. The primary issue is whether an objective or subjective standard should apply to statutes that criminalize threats. Speakers’ use of social networking websites and Internet forums for the purposes of posting violent and intimidating communications raises significant questions regarding the posture of the true threats doctrine and its application to modern modes of communication. This paper utilizes legal research methods to examine federal courts’ treatment of Internet threats and highlights aspects of Internet speech that are particularly problematic for the doctrine. Ultimately, this paper calls for the Supreme Court to revisit the true threats doctrine in light of significant inconsistency among the circuits regarding the impact of the Internet on recipients of threatening communications.

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