How to Summarize a Case Heading: Appropriate legal citation (case reporter) Facts: Essential facts of the case and the legal history up to the granting.

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Presentation transcript:

How to Summarize a Case Heading: Appropriate legal citation (case reporter) Facts: Essential facts of the case and the legal history up to the granting of certiorari Issue(s): The legal issue(s) raised on appeal Decision: The vote and the rationale for the prevailing opinon Dissent(s) Rule of Law: The legal principle(s) derived from the case as precedent

Freedom of Speech and Freedom of the Press: Sedition and Censorship

Sedition Sedition Act of 1918 = upheld in a number of decisions, including Schenck and Abrams, but lapses in 1920s Smith Act of 1940 = “advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States…” upheld, in principle, in Yates v. United States (1957), but the speech must urge someone to commit illegal acts

The States: Unconstitutional Ashton v. Kentucky (1967) = Government officials cannot use sedition laws to curb public criticism Brandenburg v. Ohio (1969) = defines difference between “advocacy” and “incitement” Sedition

Prior Restraint

Near v. Minnesota, 238 U.S. 697 (1931) New York Times v. United States, 403 U.S. 713 (1971) United States v. The Progressive, 467 F. Supp. 990 (W.D.Wis. 1979) Hazelwood S.D. v. Kuhlmeier, 484 U.S. 260 (1988)