Five Sources of Law

August 6, 2014

Within the United States there are several known sources of law: the U.S. Constitution and states constitution; the common law; the law of equity; the statutory law; and the rules of various executives.  According to Pember and Calvert (2013), “law to be a set of rules that attempts to guide human conduct a set of formal, governmental sanctions that are applied when those rules are violated.”  (p. 2).  Even though there are several sources of law, not all of them will provide protection or aid to those in journalism, communication or mass media. 

In common law, or judge-made laws, is arrived to a conclusion based on previous courts precedent.  This would be an issue for those in journalism, communication or mass media because the conclusion reached by the judges will generally base on previous cases.   If similar cases did not reach a decision a journalist is seeking, then it would aid them in any way. For example, publishers and distributors of offensive communications have been treated different from other publishers.  (Trager & Russomanno, 2010, p. 20-21).

            Another law that would not benefit journalism is Equity law because the laws created by judges are based on case by case.  Generally, the laws created by judges apply principles of ethics and fairness, rather than specific legal rules to determine the proper remedy for legal harm. Even though, it can also benefit those in journalism, mass media or communication, it will depend on the case how the judge applies ethical reasoning.  For example, “judges will award a restraining order against reporters who are trying to intimidate child celebrities.”  (Trager & Russomanno, 2010, p. 20-21).

            The constitutional law is one set of laws that establish the nature, function and limits of government.  It is the U.S. Constitution that provides the most aid to journalism, communication, and mass media.  It provides us with our freedom speech and basic human rights.  In comparison to state constitutions which are approved and changed upon with a direct vote of the people, the federal constitution is more difficult to change.  State and federal constitutions provide the protection for freedom of speech and freedom of press.  State constitutions may provide more rights to their citizens and to the press, since it is able to provide more protection if necessary.  This is a main benefit of constitutional laws is it aids in providing media of any kind the freedom to speak and provide the public with information.

            In each source provide there are some benefits, but there are some issues as well.  Depending on the cases given to the ruling judge, such as in common and equity law, it can either hinder a journalist or provide aid.  The constitutional law provides the most benefits for those within the media realm.

References

Pember, D. R. & Calvert, C. (2013). Mass media law (18th ed.). New York, NY: McGraw-Hill. p. 2

Trager, R., & Russomanno, J. (2010). Sources of Law. In The law of journalism and mass communication (Revised/Expanded ed., pp. 20-21). Washington, D.C.: CQ Press.