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
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 in Yates 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
Books Hitman case (1997) Detail will tell
Internet Nuremberg Trials website
Harm Through Advertising Soldier of Fortune I and II Differing standards
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