Incorporation/UnitedStates

NOTE: This is a simple overview for those not hugely familiar with the United States legal system to understand how its organized. It is also a good refresher for those who had US Politics many many years ago

The United States is subdivided into 50 states, 4 unincorporated organized territories, several unincorporated unorganized territories, and the District of Colombia. In a legal sense, it operates as fifty independent nations bound together under a federal government, similar in relation of the European Union and its member states. Territories are directly administrated by the federal government, and do not have representation in either the Congress or the Senate.

Separation between the federal government and the states is defined by the US Constitution, defining which powers is reserved by the federal government and those by the individual states. Unlike the European Union, the federal government can levy taxes across the union (under the concept of "Taxation equals Representation") and represent the states collective in international matters. Powers not granted to the federal government remain in the hands of the states. All states are bound to the US Constitution which operates as the highest law in the land.

With the exception of the State of Louisiana, both the federal government and the states operate under a system of common law. Common law is built on a combination of statute and case law, with case law in redefining, narrowing or widening statutes. Due to the relationship between the federal and state governments, case law is only binding to the jurisdiction in which it was founded. In short, a decision is only binding in the jurisdictions in which it was decided. Court jurisdiction are based on the laws being contested. For instance, copyright laws are incorporated on a federal level, which means matters of copyright are to be decided in the federal courts system. As incorporation is handed on a state level, issues relating to it would be heard in that state's local courts.

State courts are organized by the constitution of the state, which defines there local system of courts. For the most part, states such as New York and California operate on the concept of a district court and and appellate court (sometimes referred to as a supreme court, such as the New York Supreme Court). A specific state's court structure will be covered on an overview of that state

Understanding Case Law

FIXME: Insert picture of the courts layout

Federal courts are organized under various circuits, which are a collection of states in a geographic area. There are three levels of courts from lowest to highest: district, appellate, and the Supreme Court.

Legal Protections for Freedom of Speech and Press

Freedom of speech and press in the United States descend from the first amendment to the United States Constituion.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Over the course of two centuries, the courts have constantly re-affirmed this right but have defined exceptions to protected speech and protected press. These exceptions as of today are:

* Obscenity (as defined by the Milter Test)
* Pornography
* Defamation (defined New York Times Co. v. Sullivan; very limited)
* Commerical Speech (partially; only when done for profit, see below)
* Illegal Transactions (United States v. Williams)

References

* US Constitution Article I, § 8
* Article III of the Constitution (courts organization)
* Ninth Amendment
* 14th amendment