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JOUR 371 Chapter 1 & 2 Notes!!!

by: cethornt

JOUR 371 Chapter 1 & 2 Notes!!! Jour 371

Marketplace > University of Mississippi > Jour 371 > JOUR 371 Chapter 1 2 Notes
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About this Document

These notes cover chapter 1 and 2
Communications Law
Charles Mitchell
Class Notes




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This 3 page Class Notes was uploaded by cethornt on Tuesday October 4, 2016. The Class Notes belongs to Jour 371 at University of Mississippi taught by Charles Mitchell in Spring 2015. Since its upload, it has received 3 views.

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Date Created: 10/04/16
Jour 371- Chapter 1 Outline 01/26/2016 ▯ About the course: ▯ ▯ Awareness is the course goal. ▯ Legal conversations use “terms of art” ▯ -Balance ▯ -Elements/tests ▯ -Reasonable person ▯ ▯ words are used with precision because they convey specific meanings/outcomes ▯ precision in thinking and word use are crucial in media work ▯ ▯ legal thinking is analytical thinking ▯ legal analysis is like being an umpire: learn the rules, apply them to what you see/a factual situation ▯ ▯ what is law? ▯ -not about right or wrong ▯ -laws are the rules to which members of a society agree (or are told) to abide and for which violations will be punished ▯ ▯ criminal punishments: ▯ -fines, imprisonment, death ▯ ▯ civil punishments: ▯ -fines, damages, exclusion ▯ ▯ 3 sources for law… ▯ ▯ common law & found law: ▯ -developed over time by keeping records ▯ -doing the same thing in a situation because that’s what you did last time ▯ -previous outcomes may be enforced under stare decisis which brings desired predictability ▯ -remedies can be modified or overruled ▯ ▯ written, prescriptive law “black-letter law”: ▯ -you should stop at stop signs ▯ -enacted by a representative body of citizens ▯ ▯ private law: ▯ -people are free to make their own legally enforceable agreements “contracts” ▯ ▯ ▯ Chapter 1 ▯ ▯ law is not about right or wrong, that would be ethics ▯ ▯ law - the rules to which members of a society agree (or are told) to abide and for which violations will be punished ▯ criminal punishments include fines, imprisonment, death ▯ civil punishments include fines, damages, exclusion, and such ▯ ▯ three sources for law ▯ one is common law or found law ▯ developed over time by keeping records of what was done last time this happened ▯ previous outcomes may be enforced under stare decisis which bring desired predictability, but ▯ remedies can be modified or overruled as we saw last summer with the Obergefell decision ▯ ▯ mississippi system - look at these courts for test ▯ ▯ file appeal at supreme court and then to either court of appeals or otherwise ▯ ▯ law and ethics overlap but are not the ame ▯ ▯ the US constitution is the basic law, and all other laws must fit within its provisions ▯ ▯ some law has evolved some law is positive; prescriptive ▯ ▯ CHAPTERS 1 & 2!!! ---> TEST 1! ▯ ▯ the printing press allowed the first mass communication ▯ ▯ today most governments impose prior restraints on what can be said or shown to an audience ▯ in the name of efficiency, or ▯ in the name of order ▯ the practice in the US is to avoid prior restraints and to rely instead on marketplace and industry controls ▯ censorship is normally thought of as an exercise of government power ▯ there are other varieties: ▯ self censorship ▯ public censorship or “chill” ▯ financial “chill” ▯ ▯


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