Tag Archives | Students

A UNC Student’s Summer Experience in Media Law

Tabitha Messick Childs, a 3L at the UNC School of Law (and my former research assistant), spent her summer at the Berkman Center’s Digital Media Law Project.  At my urging, she wrote the following summary of her experience. Our hope is that it will be useful to other students considering summer jobs in media law.

From Tabitha:

My 2L summer at the Digital Media Law Project  (DMLP) at the Berkman Center for Internet & Society (based at Harvard University in Cambridge, MA) was simply amazing. I’ve known about the Berkman Center for years, and have frequently used the resources at DMLP (formerly the Citizen Media Law Project). I would have never imagined that I would have the opportunity to work there.

I came to law school with an interest in media law, Internet policy and privacy issues. I am a 2007 graduate of UNC’s School of Journalism and Mass Communication.  I chose to enroll at UNC School of Law because of its media law curriculum and because of the Center for Media Law & Policy.

In the spring of my 2L year, I applied to the Berkman Center knowing it was a “dream job,” and I was honored to get an interview and offer. The summer experience exceeded all expectations I had. I was challenged, I met amazing people, and it gave me invaluable legal experience as I pursue a career path involving media law.

The atmosphere at Berkman was incredibly inspiring. There was never a “typical” day, but I liked it that way. Berkman is home to many projects, and with an intern class of 47, every day was a new adventure. It was very collaborative; interns worked in shared workspace, so each day I gained insight from the person sitting beside me and across from me.

There were two other DMLP interns, Natalie and Kristin, who are now my lifelong friends. My supervisors, Jeff and Andy, were incredibly brilliant, always helpful, and I gained practical insight and analyzing skills by working alongside them. I usually learned more by simply listening to their discussions about current issues than being in a classroom! It was great to be surrounded and supported by this group. The DMLP door was always open, and we stayed in constant contact about projects I was working on.

Speaking of projects, I worked hands on with many digital media law and First Amendment issues. Each week, DMLP had a meeting and delegated many different tasks and deadlines to interns. I was always busy and working on many different projects simultaneously! But the work was stimulating, interesting and challenging. For example, I researched, drafted and edited new sections of DMLP’s state-by-state legal guide, including defamation and right of publicity issues.

I was also honored to be able to conduct legal research for the Guide to Reporting at the 2012 RNC & DNC. I researched issues relating to the 4th Amendment and cell phone and camera searches, and the public forum doctrine.

I also assisted in the expansion of the Online Media Legal Network (OMLN). I was delegated with finding lawyers in South Carolina where OMLN still lacked legal representation. I researched and reached out to lawyers in South Carolina, and am happy to report OMLN now has legal representation there.

One of my favorite projects to work on was the legal threats database. There I researched, drafted and edited recent threats to online speech, including recent lawsuits like the “Facebook likes” case. I read through pleadings, briefs and motions and wrote an objective account of the potential threats.

The other interns and I contributed a lot as DMLP staff to the greater DMLP community, but it was the blog posts that felt like my own (and my name was attached!). This process was a fun and important part of the internship. I spent a lot of time thinking about, analyzing and drafting my blog posts. I wrote on defamation by omission, electronic service of process, and trademark issues related to the United States Olympic Committee’s exclusive use of the word “Olympics.”

But it wasn’t all just work!! We went to conferences and court hearings, as well book talks and weekly “intern hours” with the entire intern class. I participated in the broader Berkman community by taking part in a group intern summer-long project on Internet censorship. Working on the group project was fun because it made me understand the underlying dynamic at Berkman and what makes it so special: always working and learning from other people and across diverse projects.  I learned so much and met many colleagues and friends from these experiences.

Leaving Berkman was bittersweet. I still feel a part of a big community, but it was hard to leave such a dynamic atmosphere. I am honored to be a part of the community and will forever be a 2012 “Berktern.”

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Media law dissertation best in nation

A recent Ph.D. graduate of the UNC School of Journalism and Mass Communication has won the 2012 Nafziger-White-Salwen Dissertation Award for the best dissertation in the field of mass communication.

The winner is Dr. Dean Smith, an affiliated scholar of the UNC Center for Media Law and Policy. The dissertation award is given by the Association for Education in Journalism and Mass Communication (AEJMC) and will be presented during the association’s national convention in August.

The title of Smith’s dissertation is “Legislating the First Amendment: Statutory Shield Laws as Non-Judicial Precedents.” The work will be published as a book next year by LBF Scholarly Publishing.

Smith’s dissertation adviser was Dr. Cathy Packer, co-director of the UNC Center for Media Law and Policy.

In the fall, Smith will join the faculty at N.C. State University as a teaching visiting professor of journalism in the English Department. He also will teach as an adjunct professor at High Point University.

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Students sweep media law research prizes

UNC School of Journalism and Mass Communication graduate students have won the first, second and third-place top-student-paper awards for media law research they will present at the annual convention of the Association for Education in Journalism and Mass Communication in August.

Also winning prizes in the AEJMC Law and Policy Division are two recent graduates of the J-School’s Ph.D. program.

First-place student paper and winner of the Whitney and Shirley Mundt Top Student Paper Award: Master’s student Jeanne-Marie DeStefano for her paper “An Analysis of FTC Cases Involving Substantiation of Health Claims in Food Advertising”

Second-place student paper: Doctoral student Lisa Barnard for her paper titled “Tracking, Technology and Tweens: Better Regulation to Protect Children’s Privacy Online”

Third-place student paper: Master’s student John Remensperger for his paper titled “Who are the Media? The Media Exemption to Campaign Finance Laws”

Recent graduate Dr. Dean Smith won second-place faculty paper for his paper titled “The Real Story Behind the Nation’s First Shield Law: Maryland 1894-1897.” Smith will join the faculty at N.C. State University in the fall.

Recent graduate Dr. Woody Hartzog had a paper accepted titled “The Life, Death, and Revival of Implied Confidentiality.” Hartzog is on the faculty at the Cumberland School of Law at Samford University in Alabama.

For acceptance, all papers were double blind-reviewed by judges with no distinction made between student and faculty papers. This means students competed with all submitted papers for acceptance including faculty-authored papers. Once accepted, student-authored papers were identified and selected for top-student-paper awards.

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J-School Faculty and Students to Present Legal Research

UNC School of Journalism and Mass Communication students, faculty and alumni have had papers accepted for presentation in the Law and Policy Division at the AEJMC Southeast Colloquium being hosted by Virginia Tech University March 8-10. The papers were selected through a process of blind review.

Of the 20 papers accepted for presentation in the Law and Policy Division at the Colloquium, 11 have UNC-affiliated authors including the second-place student paper and the first and second place faculty papers. They are:

Student-authored papers:

“Student Online Speech Rights: The Dissolution of the ‘Schoolhouse Gate’ and How Courts Have Ruled in Online Student Speech Cases” by Cindy J. Austin (master’s student)

“An Analysis of FTC Cases Involving Substantiation of Health Claims in Food Advertising: Is the Standard Tightening to the Level of FDA Labeling Standards?” by Jeanne-Marie DeStephano (master’s student)

“A Moving Target: The Attorney-Client Privilege” by Tom Eppes (doctoral student)

“Prescription Drug Marketing to Physicians and the First Amendment” by Laura Marshall (master’s student)

“Food Industry Response to Proposed Guidelines for Self-Regulation of Food Marketing Aimed at Children” by Patrick Mustain (master’s student)

“Putting Media Contact Policies to the Facial Test: When Media Contact Policies are Constitutionally Permissible” by April Raphiou (doctoral student)

“Who are the Media? The Media Exemption to Campaign Finance Regulation” by John Remensperger (master’s student) (*second place student paper)

“Internet Advertising and Interactive Computer Services: Liability and Immunity as Provided by Section 230 of the Communications Decency Act” by Christopher J. Vargo (doctoral student)

Faculty-authored papers:

“A Dangerous Distinction: The Deconstitutionalization of Private Speech” by Derigan Silver (alum) and Ruth Walden (faculty) (*second place faculty paper)

“The Real Story Behind the Nation’s First Shield Law: Maryland 1894-1897” by Dean Smith (faculty)

Alum-authored papers:

“The Case for Online Obscurity” by Woodrow Hartzog (alum) (*first place faculty paper)

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Doctoral Student to Publish in Free Speech Yearbook

Laurie Phillips, a doctoral candidate in the UNC School of Journalism and Mass Communication, has had an article accepted for publication in the upcoming volume 46 of the Free Speech Yearbook. The title is entitled “Libelous Language Post-Lawrence: Accusations of Homosexuality as Defamation.”

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