The Slants, led by Simon Tam

Congress shall make no law … abridging the freedom of speech…. The First Amendment Congress shall make no law … abridging the freedom of speech….

Censoring or Punishing Content of Speech Generally, the government cannot regulate the content of people’s speech (with few exceptions) Government cannot favor or disfavor a particular viewpoint on an issue.

Government Speech Sometimes, the government is the one speaking. First Amendment does not require the government to be “viewpoint neutral” when it is speaking. (1st Amendment does not restrict government speech at all) But how do you tell when the government is the one speaking?

Trademarks Issued by USPTO Gives protections: enforce right to the name or logo by suing in federal court You don’t have to register a trademark to use a name or even establish your rights to a specific name or logo. Registration brings additional benefits.

Moot Court Building Civic Skills Construct arguments using precise and knowledgeable claims Advocating for a position Public speaking

What is a Moot Court? Simulation of an appellate hearing (not a mock trial) Arguments about the law, not the facts Roles: Lawyers for the Petitioner Lawyers for the Respondent Judges

Steps in a Moot Court The justices enter and the marshal or clerk says, “The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God Save the United States and this Honorable Court!” The chief justice calls the case. (“We’ll hear argument today in case number XX-XXXX, Smith v. Jones”)

Steps in a Moot Court Petitioner’s Argument (5 minutes*) Respondent’s Argument (5 minutes*) Petitioner’s Rebuttal (3 minutes) Respondent’s Rebuttal (3 minutes) Justices Deliberate and Announce Decision * Street Law’s civility rule – no questions from the justices for the first 30 seconds

Tips for Attorneys Your first words: “Mr./Ms. Chief Justice and may it please the court. My name is XXX and I represent XXX in this case.” Don’t argue the facts. This is about the law. Have a strong opening sentence or two. Answer questions briefly and directly. Have a theory (or two) of the case and return to this argument when you can.

Tips for Justices Think about (write down) questions for both sides. Prepare questions, not speeches. Consider how a ruling in the case might affect other cases – ask hypotheticals. Remember that the lawyers only have the material you’ve seen –don’t ask about the “record below” or about precedents not in the materials you’ve received.