4.3.07 - (Telecomm Policy cont'd from 3.29.07) The Courts...

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(Telecomm Policy cont’d from 3.29.07 ) The Courts - Federal and State systems o State systems: Libel laws (made by each state) o Federal systems - US Supreme Court at apex o Both systems can ultimately end up with cases in the supreme court - Follow concept of precedent and usually not preemption o What has come before; what has the court said before in similar or the same issues o Preemption : telling people, before the fact, what they can and cannot do - Tend to be conservative o Look at court cases and how they are resolved - Rarely tell people what to do, but rather what they can’t do - Engage in one or more of three analyses (presented from bottom-up) o Due Process of Law ((ASK!)) Fundamental fairness Looking at issues of right or fairness o Statutory review ((ASK)) EX. Consistency with Communications Act of 1934 o Constitutional review (if necessary) Courts talk about things like 1 st amendment rights o Section 312(a)(7) (As a whole) Lists the right of candidates to have reasonable access to broadcast facilities and airtime; JUST FEDERAL CANDIDATES (president, vice pres., senate, us rep) Under statutory review of 312(a)(7): The network needs to give candidates reasonable access when the candidates say their campaign is beginning Executive Branch - President appoints 5 commissioners , who must be confirmed by Senate - NTIA- National Telecomm and Information Administration
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4.3.07 - (Telecomm Policy cont'd from 3.29.07) The Courts...

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