Chapter 1.

In terms of media regulation specifically, there are four formal models that describe how various
governments around the world choose to regulate their newspaper, magazine, broadcasting, and
book publishing industries: authoritarian, libertarian, social responsibility, and soviet-communist
model.

Authoritarian model – the media are privately owned but regulate by the government, usually
through a licensing requirement. Publishers of newspapers whose editorial positions are
inconsistent with the views of the government will see their licenses revoked or simply not
renewed.
Libertarian model – provides for no media regulation at all. It is based on the belief that a free
press is a partner in the search for truth and that society benefits form the widest possible
diversity of ideas from the widest possible diversity of sources. In the libertarian model the
media provide the information but leave it up to the audience to interpret the information, When
this model was used, even libel went unpunished in extreme cases. Was used in the United States
until the early 1900s.
Social responsibility model - the media provide the same volume and diversity of information
but also help audiences sort through it. This model features two forces that are sometimes in
conflict: (1) competition among media outlets for news, which often motivates them to take
chances in their pursuit or dissemination of information. (2) a population that is often skeptical
or cynical about the information the media present or the tactics they use to gather it. This model
provides legal recourse (such as libel an invasion-of-privacy lawsuits) to serve as a check on
overzealous media.
Soviet-Communist model – media operating in this model are an integral part of the
government, as publishers and broadcasters work in “information bureaus” that promote the
prevailing political ideology. There is no freedom of speech for individuals and little tolerance
for dissenting viewpoints published in underground newspapers.

Sources of Communication Law

In the United States there are six sources of communication law: Constitutional, Statutory,
administrative, executive, common, and law of equity
Constitution law – refers to law that comes directly from the U.S. Constitution and its
amendments, and in some cases, the constitutions of the states.
Statutory law – refers to law made by elected governmental bodies such as the U.S. Congress,
state legislatures, country commissions, and city councils.
Statutes – state laws are typically called this. State legislatures are responsible for making laws
regarding libel, privacy, open meetings open records, shield laws, and cameras in the courtroom.
Ordinances – city and county governments pass local laws..

One simplified explanation of the difference between constitutional laws and statutory law is to
say that constitutional law deals with large and abstract issues while statutory law deals with
matters that are specific and concrete.

Administrative law – refers to the rules and regulations made by administrative or regulatory
agencies that are part of the executive branch of the federal government or a state government.
Executive actions – are those taken by chief executives such as U.S. president, state governors,
city mayors, or country managers.
Common law – refers to court rulings that are based on an accumulation of decisions made in
similar cases in the past. Sometimes referred to as “case law” or “judge-made law”.
Law of equity – a method of deciding cases in which judges use their wisdom and experience to
determine the fairest course of action for not only the parties involved but also society as a
whole. The law of equity is often employed in cases for which there are no precedents (as in
common law) or for which the precedents are outdates and so no easy resolution can be attained
by a strict application of the law.

Court Systems
The federal court system ahs three responsibilities: (1) interpreting the Constitution (2) resolving
conflicts between the federal government and other parties, (3) resolving conflicts between
parties from different states.

Circuit Courts of Appeal are governed by the process of mandatory review – they must review
every case that is appealed to them.
U.S. Supreme Court operates on the principal of discretionary review – can decline to review a
case if it believes the core issue involved is not significant enough.

After an appeals court hears a case, it typically takes one of three actions.
(1) uphold or affirm, the finding of the lower court – meaning it agrees with the ruling of the trial
court
(2) overturn or reverse the lower court – it disagrees with the ruling of the lower court
(3) remand the case – it requires the lower court to re-try the case

When the Supreme Court agrees to review a case, it issues a writ of certiorari – formal document
that orders a lower court to send up the written records of a case.

Chapter 2

Speech – defined as an “oral, written, pictorial, or other expression of an idea or opinion.”

Factors to keep in mind when studying the first amendment
1. A common misconception is that the first amendment exists only for journalists, and only
journalists can benefit from it.
2. the first amendment is not just for the benefit of people or organizations that want to
disseminate information – it’s also for the benefit of the people who want or need to receive that
information
3. the first amendment cannot be superseded by state or local laws or government actions
4. free speech cases are more interesting if they are examined against the backdrop of what else
is happening in the country at the time
5. many provisions of the first amendment are not supported by public opinion.
 Levels of Speech
Most speech can be classified as either obtrusive or non-obtrusive (or unobtrusive).
Obtrusive speech – the material is forced onto children or uninterested adults’ a type of speech
that cannot be easily avoided
EX: a speech in a public place amplified by a megaphone or other device that makes it difficult
for those nearby to avoid.
Non-obtrusive speech – that which can easily be avoided.
EX: such as that what takes place in an indoor movie theater or video rental store.

First Amendment Values

1. search for the truth – aka “marketplace of ideas”; states that free speech is necessary for
society to discuss and evaluate conflicting political ideas.
2. an informed electorate – states that free speech and a free press are necessary in order to help
citizens make informed decisions about which candidates and issues to vote for and against.
3. check on government power – states that the media need a free press guarantee in order to
fulfill their role of “watchdogs” of government
4. orderly societal change – states that free speech represents a “safety valve” through which
ideas can be debated and evaluated and conflicts can be resolved peacefully rather than violently.
5. personal fulfillment and artistic expression – refers to providing an outlet for forms of
creative expression, even those that may be controversial in nature, such as pornography.

Hierarch of First Amendment Protection

At the highest level of protection – nearly absolute are categories:
Political speech – “news or opinion about government or public affairs”
Religious expression – any communication related ot a person’s spiritual beliefs, or lack thereof.

At the middle level on the hierarchy are forms of speech that receive some (but no absolute)
protection. These forms of expression include:
commercial speech – truthful advertising
hate speech – hostile (but non-vlolent) speech aimed at a group of people based on race,
religion, ethnicity, sex, or sexual orientaton.
non-obscene sexual expression – entertainment of a sexual nature that does not meet the
definition of obscenity

At the bottom of the hierarchy are forms of expression that receive no protection at all:
defamination – published or broadcast communication that harms a person’s or organization’s
reputation or financial standing.
Obscenity – literature or photographic images of a sexual nature that are so offensive as to
receive no First Amendment protection.
False advertising – commercial messages that are untruthful.
fighting words – direct personal insults made against a specific person or persons in their
presence, those worlds “which by their utterance inflict injury or tend to incite and immediate
breach of the peace’