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Journal Entry One: Civil Law vs Criminal Law

Southern New Hampshire University

COM-530 Law & Ethics

2/28/2021

I consider civil Law as it relates to communication a violation of the first amendment.

Freedom of speech is a first amendment right but a communication professional needs to show
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what they are putting information out there ethically. Everyone wants the best story but if it is

done unethically there will be consequences. This would be an example of a reporter who

plagiarized or willfully publishes unsubstantiated information. Criminal law as it relates to

communication I believe would be if the media has a CI and refuses to make that individual be

known. I would also conclude that committing a crime to get necessary information for the

article.

Civil and criminal law are similar in a way they are there to help all involved and reach a

fair and just conclusion, but they are also very different from each other. Civil law is when a

there is a request for damages or some type of discontinuous of a relationship between two

parties. Parties who file a civil suit. If there is a criminal case against an individual parties

involved can also bring a civil case against them whether they are found guilty or not in the

criminal case. Civil cases are divorce, child support and custody, wrongful death, and invasion of

privacy to name a few. Civil cases usually conclude with some type of reward (Moore, Murray,

Farrell & Youm, 2018).

Criminal law is when a crime has been committed and are commonly brought against an

individual after an investigation is done and there is evidence proving beyond a shadow of doubt

or if an individual is caught in the act. Many criminal cases are heard by a jury chosen by both

the district attorney and the defense lawyer. Criminal case can end with the defendant receiving

prison time, probation, and in some cases death penalty. Examples of criminal cases is murder,

attempted murder, rape, and robbery (Moore, Murray, Farrell & Youm, 2018).

An example of a civil case in communications is Photojournalist Chad Stevens who

followed a group of protesters onto the property of Beetree Surface Mine in Marsh Fork, W.Va.,

Stevens wanting to get the best pictures of this newsworthy demonstration to add to a
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documentary was escorted by police off the property while the protesters were arrested, and

Stevens was given a trespassing citation and injunction in civil court barring them from the

property (Reporters Committee, 2009b).

An example of a criminal case related to communications is Carolyn Cole. She is news

photographer working for the Times covering a protest in Miami. She was not an active

participant in the riots but was arrested was arrested receiving a felony charge because police

claimed she threw rocks at them to photograph the uproar it caused. Cole was detained for over 8

hours before being released on a $7,500 bond. Additionally, the Miami police prohibited Cole

from further reports related to the story. The Times stated “We see this as an abridgement of the

people’s right to know under the Constitution. We will ask for the immediate dismissal of the

charge against her” (Reporters Committee, 2009a, para. 6).

References
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Moore, R. L., Murray, M. D., Farrell, J. M., & Youm, K. H. (2018). Media law and ethics (5th

ed) Routledge.

Reporters Committee. (2009a) Reporters arrested covering violence in D.C., Miami, war in

Chechnya. The Reporters Committee for Freedom of the Press.

https://www.rcfp.org/journals/the-news-media-and-the-law-spring-2000/reporters-arrested-

covering/.

Reporters Committee. (2009b). Trespassing to get the story. The Reporters Committee for

Freedom of the Press. https://www.rcfp.org/journals/the-news-media-and-the-law-summer-

2009/trespassing-get-story/.