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Communication Law & Regulation

by: Hunter Leibler

Communication Law & Regulation 86433

Marketplace > Georgia State University > Journalism > 86433 > Communication Law Regulation
Hunter Leibler
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About this Document

8/22/16 - 8/26/16 Chapter 1 and the beginning of chapter 2
Communication Law and Regulation
Ms. McDowell
Class Notes
communication, Law, journalism, Jurisdiction




Popular in Communication Law and Regulation

Popular in Journalism

This 6 page Class Notes was uploaded by Hunter Leibler on Friday August 26, 2016. The Class Notes belongs to 86433 at Georgia State University taught by Ms. McDowell in Fall 2016. Since its upload, it has received 8 views. For similar materials see Communication Law and Regulation in Journalism at Georgia State University.


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Date Created: 08/26/16
Intro. To Communication Law Week 1; 8/22/16 - 8/26/16 Different sources of communication law: - Common Law - Equity Law - Statutory Law - Constitutional Law - Administrative Law - International Law //Common Law - Case Law: Body of law in which courts have applied principals o Law is built on another law o Consistency is a thized feature of common law o Comes from 12 century English system of law o Most prominent in areas of libel & invasion //Reading & writing a case law - IRAC o I: issue  What’s the main question or questions at issue in the case? o R: rule  1 sentence rule from the case that can be applied to other cases. o A: application  Analysis; what case law did the court use. o C: conclusion  Tell me what the court decided that is specific to the case. //Equity Law - Based on general principals of fairness o Equity Law is only supplemental to common law, it doesn’t override it. o Complex issues - Equity action happen when using extraordinary writs that ask for injunction o Injunction: requires people to stop doing something or do something they don’t want to do. o Habeus Corpus: is a writ //Statutory Law - Can be nation, state, or local - Created using very strict procedures - Other sources of law tend to be deferential to statutory law once it’s adopted - Subject to judicial review //Constitutional Law - Supreme Law of the Land - U.S. Supreme Court has authority to review laws that may conflict w/ constriction - Articles of the Constitution o First 3 articles of the constitution:  1. Congress  Powers: o Taxation o Mint Money o Declare War o Regulate Interstate Commerce  2. Executive  Power of the President: o Leading the military o Establishing foreign policy o Appointing government officers  3. Judicial  Power of the Federal court: o Hear cases involving federal & international matters o Hear cases btwn. Citizens of different states  Only if it’s more than $75,000. If it’s under $75k, then you go to state.  Types of Federal cases: o 1. “Arising under the constitution, the Law of the United States, and treaties made…” o 5. “Btwn. 2 or more states; - [btwn. a state & a citizen of another state]” o 6. “Btwn. citizens of different states” Marbury vs. Madison (1803) - Most important case. First case that challenged the Supreme Court. - Issues: o Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?  Yes. The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void. o Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution?  No. Congress cannot expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution. //Administrative Law - Administrative Law was enacted as a way to reform government. - Government administrative agencies were originally intended to be experts in the fields they regulate. - 1 Admin. Agency was the Interstate Commerce Commission in 1887. o Most popular admin. Agencies:  FCC: Federal Communications Commission  FTC: Federal Trade Commission  SEC: Securities and Exchange Commission o Admin. Agencies have the power to pass their own laws, execute those laws, and adjudicate disputes.  Quasi-legislative  Quasi-executive  Quasi-judicial o Politics should be restricted when deciding who will serve on a commission. - Communication law is heavily affected by administrative law. - Governed by Admin. Procedures Act of 1946. o Agencies must be fair & reasonable, according to what they think is fair & reasonable. //International Law - North American Free Trade Agreement - Berne Convention for the Protection of IP - The development of new technology will change how influential international law is on Communication Law. //Courts - What is jurisdiction? o Power to hear and rule on cases - 2 types of jurisdiction: 1. Subject Matter Jurisdiction: The power a court has to hear a certain type of case a. What court you will be suing in (State or Federal) 2. Personal Jurisdiction: The power a court has over a particular party in the case. a. Power over the person on where you can sue them (circuit) //Venue - The county or district which a case must be heard o In state court, venues are typically counties o At the federal level, nevus are districts Practice Question: Q: A truck driver from Alabama & a bus driver from Georgia were involved in a collision in Fulton County that injured the truck driver. The truck driver filed a suit seeking, $100,000 in damages from the bus driver. A: Based on these facts, the suit would likely happen in federal court because they are from different states and it’s for more than $75,000. The suit would happen in the 11 circuit in the Northern District of Ga because that’s where the accident happened. //Jurisdiction - Trial Court: One judge, allowed to present evidence, happens before the Appellate. o Find Facts & apply the law - Appellate Court: More than one judge, not allowed to present evidence, only looks at the law o Only have the power to review the way the trial court applied the law. They cannot seek new evidence //Three Levels in Federal Court add in later //Three Levels in Georgia State High Court- Court of Last Resort, Supreme Court Intermediate Court- Intermediate Appellate Court, Court of Appeals Trial Court- Court of General Jurisdiction, Superior Court Court of Limited Jurisdiction, State, Magistrate, Juvenile, and Probate Court // U.S. District Courts - Federal Trial Courts o Federal Trial Courts oversee 280k civil and 78k criminal cases a year - U.S. Court of Appeals o Appellate Courts  11 Jurisdictions + Federal Jurisdiction + D.C. Jurisdiction th  Ga is in the 11  Panel of Judges - U.S. Supreme Court o Highest Court in the Land  9 Justices (currently only 8)  Pres. Obama nominated Judge Garland earlier this year, but Senate won’t hold hearings. //Civil Procedure vs. Criminal Procedure - Civil o Civil Wrong is against an individual o Plaintiff vs. Defendant o Person is seeking equitable or monetary damages - Criminal o Criminal Wrong is against the state o Prosecution vs. Defendant o The state is seeking to punish a wrong by depriving the party of liberty or money //Chain of Events: Civil & Criminal Procedure - Civil Procedure o Complaint filed o Answer o Mediation  Doesn’t always work, not everybody does this o Discovery o Hearings and motions o Settlement conference o Trial Appeal - Criminal Procedure o Investigation o Arrest o Arraignment o Complaint o Preliminary Hearing o Grand Jury o Hearings and motions o Plea Discussions  Where most criminal cases end o Trial o Sentencing o Appeal  At least one appeal, can argue anything. May or may not win, you likely won’t. //Quick Vocab - Complaint & Answer: file a suit, and response - Discovery: - Deposition: Where you question people before the trial, still sworn testimony - Summary Judgement: Where it’s declared if you don’t have a case - Arraignment: First time you appear in court - Indictment: Piece of paper that says “you’ve been charged with this crime…” - Grand Jury: Decides whether that person is guilty or not Chapter 2 //1 Amendment - 5 Fundamental freedoms Granted by the 1 Amendment o 1. Religion o 2. Speech o 3. Press o 4. Assembly o 5. Petition - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or - Freedom of speech is a fundamental right, but not an absolute right o What are some ways the right is limited?  Status of the person involved  High school student or prisoner have limited speech  Medium being used to communicate  Radio vs. TV vs. Print o Freedom of Speech against the government, but not against the individual - The emphasis on individual rights in the US Constitution contrasts w/ several other democratic countries o Specifically in terms of hate speech  US government cannot prohibit someone from saying something simply b/c it may be deemed offensive  Canada and certain European countries ban this. //NAACP vs. Alabama (1958) - Facts: Alabama wanted the NAACP to release the list of Alabama members, NAACP declined, Alabama fined them $100k - Issues: 1. Whether compelled or disclosed - Holding: Yes. Compelled disclosure of affiliation w/ groups engaged in advocacy may constitution an effective restraint on freedom of association. There is a vital relationship btwn. freedom to associate and privacy in one’s associations. This production order must be regarded as entailing the likelihood of a substantial restraint upon the exercise of the freedom of association. Compelled disclosure of membership lists violates the Petitioner’s member //Speech vs. Press - Lines are blurred; especially in this age - It is likely the founders originally intended press to mean “what is written” and speech was solely the spoken word. o Because in their day, speech was just them talking in the room where only those in the room where hear. Press would have a bigger outreach. - Courts have provided first amendment rights to expression because it covers speech, press, some conduct, and some areas of entertainment. //Bill of Rights - History o Bill of Rights was added 3 years after the Constitution was ratified


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