Mass Media Law: Introduction to the American Legal System

Introduction to the topic of media law involving copyright issues.
Example: Case of Katy Perry's "Dark Horse":
- A jury found Katy Perry guilty of copying a Christian rap song, involving a $2.8 million verdict.
- Perry initially lost the suit but won on appeal by March 2022.
Importance of media law: Analyzes copyright claims, free speech, and citizen responsibilities in the context of the law.

Five Sources of Law in the U.S.:
1. Common Law:
- Originates from judicial decisions rather than statutes.
- Follows precedents and established legal principles (stare decisis et non quieta movere).
- Adaptability through acceptance, modification, distinction, or overruling existing precedents.
1. Equity Law:
- Judicial resolutions that do not involve juries, focusing on fairness rather than strict rules.
- Types include restraining orders, preliminary injunctions, and permanent injunctions.
1. Statutory Law:
- Established by legislative bodies (e.g., U.S. Congress, state legislatures).
- All criminal laws are statutory; courts interpret these laws.
1. Constitutional Law:
- Encompasses the U.S. Constitution and state constitutions, which define government powers and individual rights.
- The supreme law of the land; conflicts with it render laws unenforceable.
1. Executive Orders and Administrative Rules:
- Orders issued by executive branches, including regulatory mandates from the FTC and FCC.

Originates mainly in former British colonies, including the U.S.
Utilizes previous case outcomes as references, an inductive reasoning approach to legal issues.
Highlights the systematic approach in adjudications, enhancing citizen trust through perceived consistent judicial behavior.

Common law contrasts with civil law systems prevalent in Europe, which have roots in Roman law.
Example: Louisiana follows a unique legal tradition influenced by French and Spanish laws.

In a common-law system:
- Accept/Follow: Adhere to previous decisions.
- Modify/Update: Make adjustments to precedents without discarding them.
- Distinguish: Recognize a case as distinct from precedents, not relevant.
- Overrule: Replace outdated precedents based on shifts in knowledge or social values.

Focuses on judicial discretion rather than strict legal rules, important for civil law within media contexts.
Typically involves private parties where the legal system acts as a mediator, contrasting criminal cases that involve state prosecution.

Formulated by elected legislative bodies; all criminal law in the U.S. follows statutory protocols.
Courts play an essential role in the interpretation and application of these statutory laws.

The U.S. Constitution and state constitutions create a unique legal framework, with constitutional rights taking precedence over contradictory laws.
The first ten amendments (Bill of Rights) are pivotal, particularly highlighting the First Amendment concerning free speech.

Issued by government officials, including positions within the executive branch, these laws guide operational conduct of government agencies.

Trial Courts:
- Function as the initial adjudicative forum, determining facts of the case, where juries often participate.
Appellate Courts:
- Review the application of law in trial courts; judges alone evaluate the law, not the facts.
Notable Quote: “The facts are what happened. The law is what should be done because of the facts.” – Pember/Claycut.

Comprised of 13 appellate courts and trial courts, with 94 federal judges across various jurisdictions.
Louisiana is part of the 5th Circuit Court of Appeals.

Individual states may afford different protections and procedural advantages to defendants and plaintiffs, varying across state lines.

Comprises a Chief Justice and eight Associate Justices.
Holds original jurisdiction in cases between states and reviews appeals from federal and state court decisions.
Grants cases primarily through writs of certiorari; prefers cases with legal significance and lower court discrepancies.
Operates under a “rule of four,” whereby at least four justices must agree to hear a case from the thousands petitioned annually.
Produces decisions typically announced by the end of its term each June/July, including majority and dissenting opinions.

Overview of major themes:
- History of Media Law
- Fundamental Principles of Media Law
- Key topics: Communication, Violence, Prior Restraint, Libel, Privacy, Gathering Information, Confidentiality, Free Press/Fair Trial, Broadcasting, New Media, Obscenity, Copyright.
Emphasis on the interconnectedness of legal institutions, challenges in the system, and the importance of understanding the law for practical application throughout the semester.

Students encouraged to obtain textbooks immediately.
Completion of syllabus quiz is required.
No class scheduled for Monday (MLK Day).
Next class will focus on the history of the First Amendment and theories of free expression.
Communication encouraged for questions or accommodation needs regarding course materials.