Digital Media Law

Chapter 2:
Law & the U.S. Legal System

Before diving into media law, it’s important to understand the framework of the U.S. legal system. This chapter introduces the Constitution, the three branches of government, and the principle of federalism. You’ll also explore the different sources of law (constitutions, statutes, regulations, executive orders, and common law) and learn how courts interpret laws. Understanding these basics will help you see where media law fits in and how it is shaped over time.

Key Concepts in this Chapter

The Constitution & Separation of Powers

  • Legislative Branch: Congress (House + Senate) makes the laws.

  • Executive Branch: President + agencies enforce the laws.

  • Judicial Branch: Courts interpret the laws and ensure they align with the Constitution.

  • Checks and balances prevent any branch from becoming too powerful.

Federalism

  • Power is shared between the federal government and the states.

  • Supremacy Clause: Federal law controls when in conflict, unless the state law is more protective.

  • Citizens live under both federal and state legal systems.

Sources of Law

  • Constitutions: Federal and state constitutions provide foundational rules.

  • Statutes: Laws enacted by legislatures (organized into codes).

  • Regulations: Detailed rules created by agencies under legislative authority.

  • Executive Orders: Issued by the president (or governors) with the force of law.

  • Common Law: Court decisions that build precedent under the doctrine of stare decisis.

  • Restatements: Scholarly summaries of common law principles (not binding but influential).

Types of Law

  • Criminal Law: Offenses against society, enforced by the government (e.g., State v. Chauvin).

  • Civil Law: Disputes between private parties, often involving contracts, property, or personal injury.

Modes of Constitutional Interpretation

  • Textualism: Focus on the words’ plain meaning.

  • Originalism: What the text meant when it was drafted.

  • Structuralism: Reading the Constitution as a whole.

  • Pragmatism & Moral Reasoning: Considering practical outcomes and core principles like due process.

  • Judicial Precedent (stare decisis): Following past court rulings for consistency.

Test Your Knowledge

1. In a jury trial, the primary finder of fact is the:

 
 
 
 

2. An executive order can be invalidated if it:

 
 
 
 

3. Federal statutes are organized into which official compilation?

 
 
 
 

4. The principle that federal law prevails over conflicting state law is found in which constitutional clause?

 
 
 
 

5. Constitutions, statutes, regulations, executive orders, and common law collectively illustrate the concept of:

 
 
 
 

6. State laws may provide citizens with greater protections than federal law provided they are:

 
 
 
 

7. To convict a defendant in a criminal trial, the prosecution must prove its case:

 
 
 
 

8. In the federal court hierarchy, which courts sit directly below the Supreme Court?

 
 
 
 

9. Which mode of constitutional interpretation focuses on the plain meaning of the Constitution’s words at the time they were adopted?

 
 
 
 

10. The doctrine of *stare decisis* requires courts to:

 
 
 
 

11. Representation in the U.S. Senate is based on:

 
 
 
 

12. A presidential veto can be overridden by what vote margin in the U.S. Congress?

 
 
 
 

13. Federal regulations are codified in the:

 
 
 
 

14. How many U.S. federal judicial districts exist?

 
 
 
 

15. Historically, roughly what percentage of petitions does the Supreme Court agree to hear?

 
 
 
 

16. Under the U.S. Constitution, which branch of government is primarily responsible for interpreting laws and ensuring they comport with the Constitution?

 
 
 
 

17. When a U.S. court of appeals hears a case with all active judges participating, the court is sitting:

 
 
 
 

18. The U.S. House of Representatives contains how many voting members?

 
 
 
 

19. How many U.S. Courts of Appeals (circuit courts) exist?

 
 
 
 

20. Which of the following is a correct citation to a federal appellate opinion in the Federal Reporter?

 
 
 
 

Ideas for Future Study

  • Compare Federal and State Systems: How does your state’s court structure differ from the federal system?
  • Explore Current Executive Orders: Research how recent presidents have used executive orders to shape policy.
  • Analyze a Supreme Court Case: Choose a landmark case (e.g., New York Times v. Sullivan) and identify which mode(s) of interpretation the Court used.
  • Debate Federalism: Should more power rest with states or the federal government in regulating media and technology?
  • Check Local Codes: Look up your state’s statutes and regulations. How easy are they to access and navigate online?

Parting Thought

Consider how the structure of the U.S. legal system impacts media law. Do you think having both federal and state systems makes it easier or harder for media enterprises to know the rules they must follow?