Sources of Law in the US

Sources of Law

• Multiple sources structure societies
• The US uses six: constitutions, statutory law, common law, law of equity, administrative rules & regulations, and religious/customary law
• Constitutions establish government structure and are the ultimate source of law
• Statutory law is made by legislative bodies (e.g., Congress)
• Common law consists of court opinions, creating precedent (Stare Decisis)
• Law of equity allows courts to order specific performance or injunctions when monetary remedies are insufficient
• Administrative rules/regulations are made by the executive branch, often with deference from courts (though this "Chevron deference" is now overturned)
• Religious/customary law may apply on tribal lands/reservations.

Reading the Law

• US Constitution and state constitutions are fundamental
• Common law is based on court opinions (e.g., Snyder v. Phelps)
• Case citations (e.g., 562 U.S. 443 (2011)) indicate the volume, reporter, page number, and year of the case
• Civil cases are typically plaintiff v. defendant

Snyder v. Phelps (2011)

• The court's opinion impacts legal interpretation.
• The case involves emotional distress after protests by the Westboro Baptist Church.
• The First Amendment protects hate speech in certain contexts.

Picking out Key Elements in a Legal Opinion

• Case citation identifies the parties and location.
• The author of the opinion is crucial.
• Understand how the justices voted (concurrence or dissent).
• Procedural history details the case's path through the courts.
• Facts presented are critical to the opinion.
• The ruling (disposition) is a significant element.

Rule of Law

• Strong rule of law improves economic stability, increases peace, enhances education, and promotes a responsible government and increased life expectancy.

Four Universal Principles of Rule of Law

• Accountability: Holding officials accountable for corruption and wrongdoing, regardless of status.
• Just Law: A clear, accessible, stable, and equally applied legal system safeguarding fundamental rights.
• Open Government: Transparent government actions, citizen collaboration, and timely responses to queries.
• Accessible & impartial justice: Affordable, timely, corruption-free dispute resolution with neutral and independent decision-makers.

Scandinavian Countries

• Homogeneous populations present unique societal challenges in immigration.
• High taxes fund comprehensive social services (healthcare, food assistance).
• Limited armed law enforcement.

Our English Roots

• English law influenced the US, including seditious libel laws (criticizing the government).
• John Peter Zenger's trial challenged these laws in the American colonies.
• Jury nullification is a notable aspect of the trial.
• The Stamp Act exemplifies the negative impact of newspaper taxes.
• Prior restraint (government censorship) is opposed. Post-publication punishment (legal action) plays a role.

First Amendment Exceptionalism

• US distinguishes itself with a different approach to free speech compared to other countries.

Justifying Free Expression in a Democratic Society

• Positive rights: The government ensures citizens can participate in things.
• Negative rights: Government limitations on restricting activities
• Absolute rights: Absolute protection of all speech regardless of content.
• Free expression is crucial for critical evaluation of government, self-fulfillment, and diverse ideas.

Free Expression Theories

• Self-fulfillment: The value of expression in self-discovery
• Marketplace of ideas: The free exchange of ideas to foster truth discovery
• Counter-access theory: Evaluating the influence of different voices
• Safety valve/dissent: Providing a safe outlet for discontent
• Self-governance: Expression enhances decision-making in a democracy
• Checking/watchdog value: Surveillance of government by the press
• Fourth Estate: The press as a check on government