MC 3080 : MC 3080 Test 1 Notes
MC 3080 Test 1 Notes
Chapter 1: Public Communication and the Law
• Law: systems of rules of conduct that individuals and institutions are expected to
follow. May be either:
o Restrictive
o Protective
• Sources of Law
o Constitutional: supreme law in the U.S.
▪ Federal and state levels
• The U.S. Constitution is the highest law in the land
• State and federal constitutional supersede any other
declaration of public policy
▪ A framework for government
▪ Written to ensure flexibility as social conditions change
• Must be interpreted
• Limit government power
▪ 1st Amendment – prohibition against laws abridging freedom of
speech and the press provides the foundation of communication law
▪ Bill of Rights – protects the rights & liberties of U.S. citizens against
infringement by government
o Statutory: Law passed by Congress and state legislatures
▪ Also county commissions, city councils and other lawmaking bodies
▪ Enforceable rules to govern social behavior
• Areas covered are advertising, copy rights, electronic media,
obscenity, and access to government held information
▪ Prohibit antisocial acts, but also tend to provide oversight for
acceptable behavior
o Administrative rules and regulations: law that comes from administrative
agency decisions (often founded on the premise that they would be
independent bodies of experts who set policy solely by analyzing facts)
▪ FCC, FEC, FTC, FDA, SEC – these agencies were developed by
Congress in an effort to bing an independent, expert voice to policies
▪ Subject to a variety of influences: President, Congress, interest
groups
▪ Regulatory agencies are bound by the requirements of the
Administrative Procedure Act (APA)
o Executive Actions: Law made by the President and other government
executives
▪ President is granted authority under Article 2 of the constitution
▪ Nominates judges to the federal courts, including the supreme court
o Common Law: judge-made law – areas of law where no statues exist and the
courts must determine the course, without legislative direction
▪ Decisions create presidents
▪ Judges have 5 options when considering a case:
1. Apply a precedent directly
2. Modify a precedent to fit new facts
3. Establish a new precedent by distinguishing the new case
from previous cases
4. Overrule a previous precedent as no longer appropriate
5. Ignore precedent
▪ Codification – when legislatures incorporate portions of common
law
o Law of Equity: allows courts to take action that is fair or just
▪ Allowed for preventative action & remedial action, other than money
▪ Significant in communication law primarily because of its
preventative possibilities
• The Court Systems
o There are 52 court systems within the U.S.:
▪ The Federal System
• Jurisdictions (responsibilities) – spelled out in the
Constitution
o Exercises ultimate authority over the meaning of the
Constitution
o Resolves conflicts in the interpretation of the federal
statutory law
o Hear controversies involving the U.S.
o Hear controversies between citizens or corporations
of different states
▪ A system for each state
• Each state system has trial courts, aka county courts, which
nearly handle every civil or criminal case
• Provide either 1 or 2 levels of appellate courts
• The decisions of state Supreme Courts, usually made up of 7
to 9 justices, constitute the law of the state and are binding
on all state courts
▪ A system for the District of Columbia
o Most systems consist of 3 layers:
o Trial Courts – almost all court cases begin here (aka original jurisdiction)
o Examine facts of evidence then apply appropriate law
o Only trial courts employ juries
o Intermediate Appellate Courts – their responsibility is to ensure the trial
courts use proper procedures and apply the law correctly
o Every person who loses a trial case has the right to one appeal
o Don’t hold new trials & generally don’t reevaluate the facts
o Decide primarily off of briefs: lower courts records & lawyers
written arguments
o Supreme Court – primary concern is to decide cases presenting issues of
national importance beyond the particular facts and parties involved
o The 9 Supreme Court Justices are appointed by the President
Lowest
Trial
Courts
Middle
Appellat
e Courts
Highest
Supreme
Court
o Most cases reach the court by writ of certiorari: Latin term
indicating the court is willing to view the case
▪ Not a matter of right, but of judicial discretion
• The Litigation Process: Civil and Criminal
o Criminal Law – prohibits anti-social behavior as defined by statues
▪ Violations are punishable by jail sentences and fines → enforced by
the government
▪ Criminal action begins with an investigation and trial → either a
prosecutor or a grand jury formally accuses a person or a crime →
after the accused responds to the charge during an arraignment, the
prosecution and the defense engage in pretrial fact-finding, known
as discovery
o Civil Law – ordinarily involves disputes between two private parties
▪ A plaintiff sues the defendant for damages → plaintiff files a civil
complaint → defendant responds → the two parties engage in
discovery
o Both can be dismissed or otherwise resolved before trial
Chapter 2: The First Amendment
• “Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abiding the freedom of speech, or of the press; or the
right of the people peaceably assemble, and to petition the government for a redress
of grievances”
• Communication Law: the system by which society determines which expression is
protected and which may be punished, when, and why
• Theory of Freedom of Expression – there is no all-encompassing theory of freedom
of expression
o Theory – set of assumptions, principles, and procedures that categorize
knowledge and explain behavior
o Communication law is guided by a number of procedures, traditions, and
values that create unifying themes
• Attainment of Truth
▪ The best test of truth: “the power of thought to get itself accepted in
the competition of the market”
▪ Marketplace-of-ideas Metaphor: as shoppers in the commercial
marketplace are said to seek the best products, participants in the
marketplace of ideas are said to seek the most original, truthful, or
useful information
• Governance – truth shall be known to all
▪ Shall be governed by ourselves, not others
▪ Primary purpose: to aid citizens understanding of the issues which
bear upon our common life
▪ Freedom of expression would protect discussion, beliefs, and
associations necessary for responsible voting
• Voting is the official expression of a self-governing mans
judgment in issues of public policy
▪ Requires absolute 1st Amendment protection
• For communication about education, philosophy, science,
literature, the arts and public issues which voters use in the
voting booth
Document Summary
Chapter 1: public communication and the law: law: systems of rules of conduct that individuals and institutions are expected to follow. Congress in an effort to bing an independent, expert voice to policies groups: regulatory agencies are bound by the requirements of the. Judges have 5 options when considering a case: Constitution: exercises ultimate authority over the meaning of the. Courts l e appellat e courts d d i. Court courts use proper procedures and apply the law correctly: examine facts of evidence then apply appropriate law, only trial courts employ juries, trial courts almost all court cases begin here (aka original jurisdiction) Intermediate does the governments action further a important. Judicial review: federal judges are the final arbiters of freedom of expression (objective and free of political pressure, without it the 1st amendment would only protect, 14th amendment protects citizens and the media from. Judges weigh conflicting interests against each other: ex.
