The American Legal System Chapter 1

Structure of Judiciary Most states elect judges Federal 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 Weve 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 it Or, 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 n Central Hudson = advertising n Miller = obscenity

Sources of Communication Law Administrative Agencies

Sources of Communication Law Executive Actions Elections do matter Bushs 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 Ct Federal appellate Federal district courts

Regional Reporters

Standard Citation format 576 F.3d 356 (7 th Cir. 2009)

Standard Citation format 576 F.3d 356 (7 th Cir ) (Volume Number)

Standard Citation format 576 F.3d 356 (7 th Cir ) Name of Publication (Federal Reporter, 3 rd Series)

Standard Citation format 576 F.3d 356 (7 th Cir ) Page number where decision begins

Standard Citation format 576 F.3d 356 (7 th Cir ) Name of court (Court of Appeals for Seventh Circuit)

Standard Citation format 576 F.3d 356 (7 th Cir ) Date the court decided

Trial and Appellate Courts Questions of fact and of law Clearly Erroneous rule Holding and Dicta Decisions and Opinions

Types of Opinions Majority [Plurality] Concurring Dissenting