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Mass Comm Law Week 1 Notes

by: Bek Yake

Mass Comm Law Week 1 Notes Com 4313

Bek Yake

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About this Document

Introduction to the course as well as an overview of the 1st amendment and the role of SCOTUS
Mass Communications Law
Dr. Larry Straout
Class Notes
1st, amendment, Law, communication, journalism, Justice, speech
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This 2 page Class Notes was uploaded by Bek Yake on Tuesday August 23, 2016. The Class Notes belongs to Com 4313 at Mississippi State University taught by Dr. Larry Straout in Fall 2016. Since its upload, it has received 39 views. For similar materials see Mass Communications Law in Journalism and Mass Communications at Mississippi State University.

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Date Created: 08/23/16
Mass comm law fall 2016 8-17 Agenda Current events: vanity plates Origin of free speech and mass comm law 1 amendment 1 amendment theories SCOTUS and how it works Current events: Feminists and atheists now allowed in NJ to proclaim their beliefs on vanity license plates as a result of a settlement. “8THIEST” – plate in question State violated 1 amendment rights when state allowed the same applicant to have the tag “BABTIST” approved. - example of regulation of content - settlement allows for feminist, LGBT, atheist, etc plates THIS SEMESTER: we’ll talk a lot about 1 amendment, privacy* (special attention to that), news gathering, source protection, free press, fair trial, obscenity, copyright, telecommunications ENGLAND: the origin of modern mass comm and free speech laws Status quo was challenged in the US colonies 1. Seditious Libel: punishes critics of gov’t whether statement is true or not 2. Licensing or “Prior Restraint”: printers must get approval from gov’t or church before printing handbills, pamphlets, or newspapers. 3. Bonds: large sums of money deposited to gov’t and forfeited if material is published and found in violation of what the gov’t wanted. st IMPORTANT MIDTERM INFO: Know that 1 amendment is applicable to the GOVERNMENT’S RESTRICTION of PRESS, SPEECH, RELIGION, PETITION, AND ASSEMBLY! Originally written as “congress shall not...” SCOTUS expanded that to all government entities 1 amendment should not be confused with the 2 nd amendment (right to bear arms) 4 amendment- prohibition of slavery 6 amendment- right to a speedy and public trial these next are less important but still relevant: 13 amendment – prohibition of slavery 14 amendment- due process 19 amendment – woman’s right to vote th 27 amendment – delays pay raises for congress 1 amendment theories - preferred position balancing theory – tilts scale in favor of free expression over other guaranteed rights in many cases - marketplace of ideas theory best test of the truth in many cases to get itself accepted in the competition of the market (‘court of public opinion’) - Access theory: for print theory – courts have rejected over the air radio and TV public should be granted suitable access must be broadcast opposing points of view – not necessarily on the same channel SCOTUS – The Supreme Court of the United States made up of one chief justice and 8 other associate justices. How does a case make it here? 1) original jurisdiction – super rare. Fewer than 200 decisions since 1789 2) Direct Appeal – Litigant appeals directly to SCOTUS - 90% are rejected. 3) Writ of Cert – all other legal remedies are exhausted and supreme court requests all records SCOTUS hears and decides about 100 cases/year SCOTUS PROCEDURES 1) legal briefs – filed by appellants 2) Oral Argument – limited time to argue case (no cameras in court, official video released per week) 3) Deciding the case – discussion with justices present, vote taken by seniority 4) One justice representing majority writes court’s opinion – (concurring opinion – when justice(s) agrees but for different reasons) 5) One justice representing minority writes dissenting opinion With 9 members, there should never be a tie – but if a seat is unfilled or a justice recuses himself and a tie occurs the previous decision of the lower court stands.


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