Topic Overview:
The rule of law exists as a guiding framework for pre-determined norms and processes that make neutral and constant decision making possible, and regulates interactions between citizens and higher officials as well. Furthermore, while it gives a certain amount of power to the government, still the rule of law protects the rights and the freedoms of the people. However, there must be a clear distinction between a good and a vague law, where the vague laws fail to determine exact limitations and punishments for the done deeds, creating more space for the officials’ discretion. On the other side, by having exact and detailed terms of violation and punishment established, the clear laws do not invade or limit one’s liberties. Nevertheless, laws and regulations can be repealed or amended by federal, state, or local bodies, or can be invalidated by courts.
Basic structure of the U.S. Court system starts with the area of jurisdiction, and the split into the state and the federal court system. Next, the federal courts mostly hear cases of copyright and libel which are identified as controversies between different states or a state and a citizen of a different state. At lower levels, there are trial courts and courts of appeal, which enable parties to submit a case or file an appeal to a court’s decision. The U.S. Supreme is the highest level of the federal courts system, and mostly serves as an appellant court, but it has the right to choose which cases to review, unlike other appellant courts.
The laws of journalism and mass communication originate from six sources: constitutional law, statutory law, equity law, common law, administrative law, and execution. From the given laws, lawsuits can be either civil or criminal. In criminal lawsuits, the government brings an action against an individual, whereas in civil cases, a plaintiff brings about the case against the defendant who did some kind of harm or damage to the plaintiff.
Defining Key Terms:
Rule Of Law: The framework of a society in which pre-established norms and procedures provide for consistent, neutral decision making.
Overbroad Law: Violates the principles of precision and specificity in legislation.
Stare decisis (precedent): “Stand by the previous decision”.
Jurisdiction: A geographical or topical area of responsibility and authority of a court.
Plaintiff: A person suing the defendant.
Amicus brief: A submission to the court from the amicus curiae, or interested individuals or organizations that are parties in the case.
Moot: A case in which the matter in dispute has been resolved.
Black letter law: Formally enacted, written law that is available in legal reporters or other documents.
Deference: A policy by which courts give weight to the judgment of expert administrative agencies or of legislative policies and strategies.
Demurrer: A request that a court dismiss a case on the grounds that although the claims are true they are insufficient to warrant a judgment against the defendant.
Venire: A location from which potential jurors are drawn, who must then appear in court.
Important Cases:
Marbury v. Madison – Ruled that the Supreme Court is given the power to review acts of Congress and to strike them down as void if they are “repugnant” to the Constitution.
Citizens United v. Federal Election Commission – The court rejected the request from the Government to prohibit political speech in mass media.
Relevant Doctrine:
Four Principles of the Rule of Law
A system of the rule of law exists when:
1. All individuals and private entities are accountable under the law.
2. The laws are clear, public, stable, and just; are applied evenly; and protect fundamental rights.
3. The process by which the law are enacted, administered and enforced is accessible and fair.
4. Justice is delivered in a timely manner by competent, ethical, independent and neutral representatives who serve the public good.
Current Issues and Controversies:
With the newly elected president, the Supreme Court enters the year without a ninth justice. This situation will continue for several weeks into President Trump’s term, as the new justice won’t be approved for the bench. This causes the issue of already several cases having the ruling of 4-to-4, postponing the presented cases.
The lack of the ninth justice at the Supreme Court poses additional challenge, which is a reduced number of accepted cases. As the Court already accepts a very low percentage of the overall number of the submitted appeals and cases, this additional reduction limits more people from accessing the Court. For general public, this only means that there will be more money spent with less chances of succeeding, ultimately resulting in dissatisfaction and anger.
My questions/ concerns:
1. How can the discreteness of the officials be determined in regards to vague laws?
2. In reality, which of the six sources has the most power over mass communication and journalism laws?
3. Although the cybersecurity laws have been established under President Obama, why don’t laws for internet disputes gain more attention in order to establish more clear and strict laws?
References:
Trager, R., Russomanno, J. & Ross, S.D. (2016), The law of journalism and mass communication. Thousand Oaks, CA: Sage Publications.
The rule of law exists as a guiding framework for pre-determined norms and processes that make neutral and constant decision making possible, and regulates interactions between citizens and higher officials as well. Furthermore, while it gives a certain amount of power to the government, still the rule of law protects the rights and the freedoms of the people. However, there must be a clear distinction between a good and a vague law, where the vague laws fail to determine exact limitations and punishments for the done deeds, creating more space for the officials’ discretion. On the other side, by having exact and detailed terms of violation and punishment established, the clear laws do not invade or limit one’s liberties. Nevertheless, laws and regulations can be repealed or amended by federal, state, or local bodies, or can be invalidated by courts.
Basic structure of the U.S. Court system starts with the area of jurisdiction, and the split into the state and the federal court system. Next, the federal courts mostly hear cases of copyright and libel which are identified as controversies between different states or a state and a citizen of a different state. At lower levels, there are trial courts and courts of appeal, which enable parties to submit a case or file an appeal to a court’s decision. The U.S. Supreme is the highest level of the federal courts system, and mostly serves as an appellant court, but it has the right to choose which cases to review, unlike other appellant courts.
The laws of journalism and mass communication originate from six sources: constitutional law, statutory law, equity law, common law, administrative law, and execution. From the given laws, lawsuits can be either civil or criminal. In criminal lawsuits, the government brings an action against an individual, whereas in civil cases, a plaintiff brings about the case against the defendant who did some kind of harm or damage to the plaintiff.
Defining Key Terms:
Rule Of Law: The framework of a society in which pre-established norms and procedures provide for consistent, neutral decision making.
Overbroad Law: Violates the principles of precision and specificity in legislation.
Stare decisis (precedent): “Stand by the previous decision”.
Jurisdiction: A geographical or topical area of responsibility and authority of a court.
Plaintiff: A person suing the defendant.
Amicus brief: A submission to the court from the amicus curiae, or interested individuals or organizations that are parties in the case.
Moot: A case in which the matter in dispute has been resolved.
Black letter law: Formally enacted, written law that is available in legal reporters or other documents.
Deference: A policy by which courts give weight to the judgment of expert administrative agencies or of legislative policies and strategies.
Demurrer: A request that a court dismiss a case on the grounds that although the claims are true they are insufficient to warrant a judgment against the defendant.
Venire: A location from which potential jurors are drawn, who must then appear in court.
Important Cases:
Marbury v. Madison – Ruled that the Supreme Court is given the power to review acts of Congress and to strike them down as void if they are “repugnant” to the Constitution.
Citizens United v. Federal Election Commission – The court rejected the request from the Government to prohibit political speech in mass media.
Relevant Doctrine:
Four Principles of the Rule of Law
A system of the rule of law exists when:
1. All individuals and private entities are accountable under the law.
2. The laws are clear, public, stable, and just; are applied evenly; and protect fundamental rights.
3. The process by which the law are enacted, administered and enforced is accessible and fair.
4. Justice is delivered in a timely manner by competent, ethical, independent and neutral representatives who serve the public good.
Current Issues and Controversies:
With the newly elected president, the Supreme Court enters the year without a ninth justice. This situation will continue for several weeks into President Trump’s term, as the new justice won’t be approved for the bench. This causes the issue of already several cases having the ruling of 4-to-4, postponing the presented cases.
The lack of the ninth justice at the Supreme Court poses additional challenge, which is a reduced number of accepted cases. As the Court already accepts a very low percentage of the overall number of the submitted appeals and cases, this additional reduction limits more people from accessing the Court. For general public, this only means that there will be more money spent with less chances of succeeding, ultimately resulting in dissatisfaction and anger.
My questions/ concerns:
1. How can the discreteness of the officials be determined in regards to vague laws?
2. In reality, which of the six sources has the most power over mass communication and journalism laws?
3. Although the cybersecurity laws have been established under President Obama, why don’t laws for internet disputes gain more attention in order to establish more clear and strict laws?
References:
Trager, R., Russomanno, J. & Ross, S.D. (2016), The law of journalism and mass communication. Thousand Oaks, CA: Sage Publications.
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