comm 407 communication law
Select any communication/media/free speech-related case that is presently before the U.S. Supreme Court or before any of the U.S. Circuit Courts of Appeals but has not been decided yet. Read about the case and familiarize yourself with the issues and arguments. Once you are clear what are the issues, take a position on one or the other side.
1. Write the name of the case. State the issue. Articulate the party’s claim and introduce the party’s theory of the case. In other words: Who is suing whom? Why? What is the key issue?
2. Explain the procedural history of the case. What happened first? What was the resolution in the trial court? Who appealed it and where? What were the reasons for an appeal?
3. Take a position in favor of one or the other side. State clearly who should prevail. State the facts of the case that the court should use in making a decision.
4. Present the argument. In this section, you will address each legal question under separate titles/labels (there could be only one legal question). Each should be clearly written to parse the exact legal issue and should be limited to a sentence. Support each with arguments based on legal authority (the Constitution, previous cases, the code, etc.). Use legal citations.
5. Conclude with a brief summary of the key points and request specific relief (the result of the case).