Media Law

Sources of Law

Five sources: Common law, Equity, Statutory law, Constitutional law, Executive orders and Administrative rules.

Judicial Systems

There are 52 different judicial systems in the U.S., one for each state, the federal government, and Washington, D.C.

Trial Courts

Fact-finding courts where nearly all cases begin; typically have juries and one judge.

Appellate Courts

Law reviewing courts with no juries, usually consisting of a panel of judges that consider only the law.

U.S. Supreme Court

Established in 1789, it is the oldest federal court in the U.S. and has a chief justice and eight associate justices.

Federal Judges

Appointed by the president and must be confirmed by the Senate, serving for life unless impeached.

First Amendment

Prohibits Congress from making laws that abridge freedom of speech and of the press.

Libel

Written defamation of character that injures someone's reputation.

Public Forum

A place used by the public for free speech, public debate, and assembly.

Prior Restraint

When content approval is required before publishing, leading to censorship.

Fair Use

Permits limited copying of copyrighted material for purposes such as criticism, comment, news reporting, teaching, and scholarship.

Defamation

Damaging someone's reputation with false statements.

Obscenity

Material not protected by the First Amendment and deemed offensive.

Privacy Law Areas

Appropriation for trade, intrusion upon solitude, publication of private information, and false light.

Plagiarism

An ethical violation when someone presents another's ideas or words as their own.

Copyright Duration

Works created after January 1, 1978 last for the life of the creator plus 70 years.

Shield Laws

State laws that offer journalists some protection against revealing their sources.

Burden of Proof in Libel Cases

Five things to prove: publication of statement, about the plaintiff, harms reputation, fault level, no applicable privilege.

First Newspaper in Colonies

Publick Occurrences, both Foreign and Domestick.

Zenger Trial Significance

Established that jurors could nullify the law if a publication was true and fair.

Arkansas FOIA

Guarantees open governmental records and meetings; violations can lead to misdemeanor charges.

First Amendment Theories

Include absolutist theory, ad hoc balancing theory, preferred position balancing theory, Meiklejohnian theory, marketplace of ideas, access theory, self-fulfillment.