I’m studyi

Notes

I’m studying media law and the First Amendment. Law comes from five main sources: the Constitution, statutes, administrative law, common law, and equity. The Constitution is the highest law. Any law that conflicts with it is invalid. Statutes are laws passed by legislatures. Administrative law comes from agencies enforcing statutes. Common law is judge-made law based on precedent and stare decisis. Equity focuses on fairness and remedies like injunctions instead of money damages. The First Amendment prevents the government from abridging freedom of speech and press. It protects against government action, not private actors. Political speech gets the highest protection. Speech can include conduct if it communicates a message. Some speech receives less or no protection. Fighting words are direct, face-to-face personal insults likely to provoke immediate violence, but this category is very narrow today. Incitement is protected unless it meets the Brandenburg test. The Brandenburg test has three parts. First, the speaker must advocate an illegal act. Second, the speech must go beyond advocacy to incitement. Third, the incitement must be likely to produce imminent lawless action. If any...