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
Freedom of Speech and Freedom of the
Press Sedition and Censorship
3
Sedition
Sedition Act of 1918 upheld in a number of
decisions, including Schenck and Abrams, but
lapses in 1920s Smith Act of 1940 advocate,
abet, advise, or teach the duty , necessity,
desirability, or propriety of overthrowing or
destroying the government of the United
States upheld, in principle, in Yates v. United
States (1957), but the speech must urge someone
to commit illegal acts
4
Sedition
The States Unconstitutional Ashton v. Kentucky
(1967) Government officials cannot use sedition
laws to curb public criticism Brandenburg v.
Ohio (1969) defines difference between
advocacy and incitement
5
Prior Restraint
CENSORSHIP!
6
Prior Restraint

• Near v. Minnesota,
  238 U.S. 697 (1931)
• New York Times v. United States, 403 U.S. 713
  (1971)
• United States v. The Progressive, 467 F. Supp.
  990 (W.D.Wis. 1979)
• Hazelwood S.D. v. Kuhlmeier,
  484 U.S. 260 (1988)