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