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Chapter 13-Law

Chapter 13-Law - Diversity Chapter 14 Formal Controls Laws...

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Unformatted text preview: Diversity Chapter 14 Formal Controls: Laws, Rules, Regulation What is Law? What is Law ? • John Austin's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience" A rule or body of rules of conduct. • A generalization that describes recurring facts or events in nature • A collection of rules imposed by authority . Civilization presupposes respect for the law; the great problem for jurisprudence: to allow freedom while enforcing order Why do we have laws? Why do we have laws? • Law is a system of rules a society sets to maintain order and prevent harm to persons and property. • Law is ancient, dating back at least to the Code of Hammurabi, written by an ancient Babylonian ruler around 1760 BC How does law work? • Laws typically do not preclude actions, words, intent • Instead they allow for recourse after the fact • Laws deal with the end of things rather than the beginning. Laws protect rights! • Whose rights? • Where do my rights begin and yours end? Laws protect diversity • Multiculturalism • Politically diverse viewpoints • Diversity in the workplace • Free Speech What are some legal issues in communications? Some Communications Issues • Protection of Sources • Shield Laws for Journalists • Flag Burning • Prior Restraint • Clear and Present Danger • Defamation • Public Figures • Invasion of Privacy • Copyright • Trademark • Fairness Doctrine • Telecommunications Act of 1996 Josh Wolf Texas v. Johnson (1989) o Gregory Lee Johnson burned an American flag in front of the Republican convention building in Dallas in (1984) to protest Reagan policies. A crowd chanted “America; red, white and blue; we spit on you.” Johnson was arrested, fined $2000 and sentenced to one year in jail by the state of Texas. o This was overturned Texas v. Johnson o Burning the flag is a form of speech protected under the 1 st Amendment. o US Supreme Court: The State’s position ... amounts to a claim that an audience that takes serious offense at particular expression is necessarily likely to disturb the peace and that the expression may be prohibited on this basis. Our precedents do not countenance such a presumption. On the contrary, they recognize that a principal “function of free speech under our system of government is to invite dispute . It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or ... even stirs people to anger.” Texas v. Johnson • Flag burning takes something sacred and reduces it to profane. Like taking the Lord’s name in vain • Justice Brennan: “The way to preserve the flag’s special role is not to punish those who feel differently about these matters. It is to persuade them that they those who feel differently about these matters....
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Chapter 13-Law - Diversity Chapter 14 Formal Controls Laws...

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