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The American Legal SystemChapter 1
Structure of Judiciary
Most states elect judgesFederal judges
appointed for life
3 levels in federal, most states
Supreme Court (as of 2014)
Some vocabulary
• Complaint & Answer• Discovery• Deposition• Summary Judgment• Arraignment• Indictment• Grand Jury and Petit Jury• Jurisdiction• “American Rule”
The Alabama court involved in this case found it had no jurisdiction
Cases of First Impression
We’ve never dealt with this
question before.
But if there IS a precedent, how to deal with it
Follow it (stare decisis)
Well I suppose I could…
Distinguish itOr, if the
precedent does not seem quite the
same . . .
Modify it
Or, if times have changed. . .
Overturn it
Of course, I might just
change my mind
Sources of Communication Law
Constitutions
First Amendment
Establishment Clause Free Exercise Clause
First Amendment
Free Speech Clause
First Amendment
Free Press Clause
First Amendment
Petition Clause
Anti-SLAPP suits
"Sicko" suit involved anti-SLAPP statute
Fourth Amendment
Freedom from “unreasonable” search and seizure
Does not protect newsrooms from all searches
Fifth Amendment
Equal Protection Media v. Nonmedia Among different media
Due Process Speech as a “liberty” in “life, liberty, or
property”
Sixth Amendment
Right to a fair, public, and speedy trial Sometimes conflicts with First Amendment
Article I, Section 8
Enumerates Congressional powers
Includes the right to pass copyright and trademark laws
Sometimes these too seem to conflict with First Amendment ideals
State Constitutions
Sometimes they mimic the First Amendment wording Some states explicitly give more rights than First
Amendment demands
Sources of Communication Law
Statutes– can be national, state, or local
Donald Trump fighting local zoning
law in Florida
Statutory Construction
Judicial Review of Statutes
Vagueness Overbreadth Underinclusiveness
More Specific Tests
• Brandenburg = incitement
Central Hudson = advertising
Miller = obscenity
Sources of Communication Law
Administrative Agencies
Sources of Communication Law
Executive Actions Elections do matter
Bush’s post- 9/11 actions Abortion “gag rule” back and forth
Sources of Communication Law
Common Law [and Equity]
Sometimes called “judge-made law” Decisions based on tradition instead of
a specific statute Balancing predictability with flexibility
Where to find the precedents?
Sup CtFederal appellate
Federal district courts
Regional Reporters
Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Standard Citation format
576 F.3d 356 (7th Cir. 2009)
(Volume Number)
Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Name of Publication (Federal Reporter, 3rd Series)
Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Page number where decision begins
Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Name of court(Court of Appeals for Seventh Circuit)
Standard Citation format
576 F.3d 356 (7th Cir. 2009)
Date the court decided
Trial and Appellate Courts
Questions of fact and of law Clearly Erroneous rule
Holding and DictaDecisions and Opinions
Types of Opinions
Majority [Plurality]
Concurring
Dissenting
