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How to Summarize a Case

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)

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How to Summarize a Case

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  1. 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

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

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

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

  5. 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 inYates v. United States (1957),but the speech must urge someone to commit illegal acts

  6. Sedition 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”

  7. 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?

  8. 1st Amendment and Personal Injury Civil cases are decided under the Tort of Negligence (Failure to exercise Reasonable Care) • The defendant owed a legal duty to use due care (where there exists a foreseeable risk of harm to others); • The legal duty was breached (Negligence) • The breach was the proximate cause of injury

  9. 1st Amendment and Personal Injury • Harm through Imitation • Harm from Advice or Instructions Judas Priest and Ozzy Osbourne • BooksHitman case (1997): Detail will tell • Internet “Nuremberg” Trials website • Harm Through AdvertisingSoldier of Fortune I and II: Differing standards

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