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

Legal Citation Format Case Report Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989) Fort Wayne Books, Inc. v. Indiana, 109 S.Ct. 916 (1989) Case Name Volume Number Case Reporter Page Number Year

Legal Citation Format Code/Statute Telecommunications Act, 47 U.S.C. §335 (1996) Popular Name (not necessary Title Number Code Section Number Year

Freedom of Speech and Freedom of the Press: Risks to Public Safety

Sedition Sedition Act of 1798 = used to punish political opponents of the Federalist Party and John Adams. Expired in 1801 Sedition Act of 1918 = upheld in a number of decisions, including Schenck and Abrams, but lapses in 1920s. Holmes articulates the “clear and present danger” standard. Smith Act of 1939 = “advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States…” upheld, in principle, but overturned in fact 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) = incitement standard that defines difference between “advocacy” and “incitement” Sedition

Prior Restraint and National Security New York Times v. United States, 403 U.S. 713 (1971) = the Pentagon papers case decided 6-3 United States v. The Progressive, 467 F. Supp. 990 (W.D.Wis. 1979) = the “H-bomb case” never heard by Supreme Court Wartime restrictions on access?

1 st Amendment and Personal Injury Civil cases are decided under the Tort of Negligence (Failure to exercise Reasonable Care) 1.The defendant owed a legal duty to use due care (where there exists a foreseeable risk of harm to others); 2.The legal duty was breached (Negligence) 3.The breach was the proximate cause of injury

1 st Amendment and Personal Injury Harm through Imitation Harm from Advice or Instructions Judas Priest and Ozzy Osbourne Books Hitman case (1997): Detail will tell Internet “Nuremberg” Trials website Harm Through Advertising Soldier of Fortune I and II: Differing standards