At each level of our government – federal and state – the governing bodies are organized into three branches: legislative, executive, and judicial (called a “tripartite” form of government). Some would add to this list a fourth, hybrid, branch comprised of administrative agencies (this because the administrative agencies encompass all three functions: rule making, enforcement, and adjudication). Read a more complete description, at the link below, of the three branches of government at the federal level and answer the questions that follow: https://www.usa.gov/branches-of-government
Q#1 – Why did the framers of the U.S. Constitution divide the federal government into three branches?
Q#2 – Explain how each branch of the federal government is able to control or limit the actions taken by the other branches.One of the tendencies that will cause you trouble in this course is the tendency to conflate law with ethics. You will sometimes be tempted to answer a question about what the law prohibits, requires, or permits based on what feels right to you. But law and ethics are two very different things. Ethics consist of a person’s sense of right or wrong, good or bad. Law, on the other hand, is comprised of a society’s enforceable rules governing conduct.
Q#3 – Compare and contrast law, on the one hand, and ethics, on the other (See the Learning Objectives posted in the Week #1 Module). What is the key factor in the difference between the two?So, we have a general definition of what law is and how it is different from ethics. Where do we turn, then, to find authoritative answers to questions about what the law prohibits, requires, or permits in any given, specific situation? Read the answer at the following link and answer the questions that follow:
/Q#4 – What is the “supreme law of the land”?
Q#5 – Is there only one constitution?
Q#6 – What role do court decisions play in creating law? Is every court decision of equal importance in every circumstance? Explain why, or why not.
Q#7 – What two things are required before any given court has the power to decide any given dispute?At the link that follows, you will find a 24-minute video of a segment from the cable show Last Week Tonight with John Oliver. In this segment, John takes to task a West Virginia coal magnatenamed Bob Murray. It is included here because you can see in this one short video real life
examples of the kinds of legal questions that come up in the course of media development and distribution, including:When is it okay to incorporate in your video photos or video clips produced by someone else?What is the difference between profanity and obscenity and when are they permitted by the free speech and free press protections of the 1st Amendment?When can you incorporate in your video the trademark of a third party?Under what circumstances might you be free to broadcast offensive or private information about a third party?Watch the video with an eye out for examples of the above:
Q8Now read the “Murray Complaint” posted in the Week #1 Module.Q#8 – In what court was this complaint filed and why do you suppose it was filed there?
Q#9 – Do you think that the claims asserted in the complaint are likely to be found valid? Explain your reasons.Now read the “ACLU Amicus” posted in the Week #1 Module
Q#10 – Did this amicus brief cause you to change your mind? Why or Why not?