CommLaw

Topic Review During times of instability within the nation, speech and the freedom of expression in perhaps negative connotations towards the government has and will always be more susceptible of restraint and infringement of personal rights. During such cases where the courts had to come to challenging verdicts it was evident that delineating dangers of incitement versus angry and negative speech would prove challenging. However, protecting national security and stopping immanent violence have proven to be sufficient grounds that outweigh certain speech protections. From such events, we the courts have developed tests like the Brandenburg/Hess Test, which deals with incitement and speech that is more than likely to produce an immediate threat. On top of that courts also rarely find media liable since reasonable people should be able to foresee harm headed their way. Speech needs to become an overt act of threat or intimidation for it to be regulated and punished...

Chapter 2 Topic Overview According to the Supreme Court the first amendment is not a hall pass to say whatever you want. This idea is fair under certain circumstances at least in the obvious protection of the greater good so they say, however this does cause problems with the firm trampling of rights. What has been woven in by the founders is the idea that there should be no punishment for any and all truthful criticisms of the government and all its branches. Since there is not a fixed definition to how rule over these issues the courts have avoided broad rulings in turn propagating the current state of media. Media and speech which is broadcasted for the general public is having a big impact on how to protect its speakers and the different types of speech as well. Government actions fall within the power being delegated while the court uses minimum scrutiny or rational review to view what is and is not constitutional about the issue. If laws continuously ha...

Chapter 1 Topic Overview The Law of the Land comes about from a number of places throughout the country. These laws are here to define boundaries of acceptable behavior, establishing power and ranges of punishment, and dictating procedures for creating, applying, interpreting, and changing the Law. We can see statutes that are enacted either at the federal or state level and Congress as well as other smaller legislatures are the ones that draft them into being. Although the legislative branch does draft the bills that become laws, they also pass through the executive branch for approval and the judiciary branch for final review. Even though the Judiciary is often looked over it is one of the most powerful branches of government since it holds the ability of judicial review. This means that they ultimately get the final say on what can and cannot become law. Aside from the previously stated responsibility the courts also deal with all cases in either civil o...