How to Summarize a Case

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 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