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Lesson 1: U.S. Legal System
Lesson 1 Overview
Introduction
As discussed in COMM 428A: Principles of Strategic Communications, strategic communications are messages sponsored by a person or an organization that are part of a plan to achieve an objective. In the context of this course, the primary focus is advertising and marketing messages presented in an online environment. At the outset, we can easily recognize that advertisements and other marketing techniques to communicate a message constitute a type of speech. Therefore, the regulation of these messages must conform to the parameters established under the First Amendment to the U.S. Constitution, which guarantees a right to free speech. Before we explore how the government regulates strategic communications and how courts apply the First Amendment to commercial speech, we need a basic understanding of how the U.S. legal system works. That is the subject of this lesson.
Objectives
At the conclusion of this lesson, you should be able to
- identify the basic components of the legal system,
- distinguish between various types of law, and
- identify the role of courts and the precedents in interpreting laws.
Lesson Readings and Activities
By the end of this lesson, make sure you have completed the readings and activities found in the Lesson 1 Course Schedule.
Lesson Outline
Overview of U.S. Legal System
- How Laws Get Created
- Statutory and Regulatory Law
- Common Law
- Judicial System
- Precedent
Note on Terminology
Some legal terms have very specific meanings that are different from their everyday usage. For example, actual malice has a very specific meaning related to defamation that has nothing to do with the everyday meaning of the word malice (ill will or malicious intent). Throughout this course, we will be studying laws created by a variety of sources: Congress, state legislatures, federal agencies, state and local agencies, the president, state governors, and so on. We will use the terms law, regulation, and rule interchangeably to refer to any legal requirement that individuals and corporations must obey.
Important Note of Caution
Law is a very complex subject with important real-world consequences. Failure to follow the law can result in large fines, revocation of licenses, ruined careers, and in some circumstances time in prison! The purpose of this course is to help you identify common legal issues that may arise from online marketing and advertising. You should always seek legal advice from a qualified attorney before engaging in any behavior or strategy that raises legal issues. The law changes constantly. New laws are passed, and new court cases alter how the law is interpreted. While we make every effort to keep the course accurate and up-to-date, it is not a substitute for legal advice.
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