1.21.09 pr - you or put you in jail until you have to...

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1/21/09 Supreme Court is not forced to accept a case *ricctera handles cases such as the child protection act state courts are separate how does the supreme court decide which case to take? - listens to the facts, often takes cases with issues that have never been seen before - sometimes takes cases that have conflicted with previous court decisions - if a case needs to be reconsidered, for change in circumstances for example such as change in society/technology/people on the court early October: when the supreme court opens each year denial of cert vs. holding matter of right, meaning no option to deny the case majority opinion = the court agrees on the result and the rational plurality opinion = the court agrees on the result but not on the rational majority opinions are a more powerful precedence than plurality “announces the decision. .” = plurality “announces the majority. .” = majority contempt 1. civil: where the court is attempting to coerce or end your behavior and they fine
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Unformatted text preview: you or put you in jail until you have to oblige 2. criminal: when youve done something that cant be undone, you get a set sentence or set fine *** civil and criminal comtempt is separate from civil and criminal charges, which can occur each within the two types of contempt you have to pursue your appeal Freedom of Speech The chilling effect: that the law chills you from using proper first amendment rights, deters legitimate free speech Case: Whitney vs. California, Denis vs. U.S. Absolutism: when congress makes no law and its final Adhock balancing: case by case, very specific-problem is that each case is so narrow, can create the chilling effect. Can clog the court system as well Definitional balancing: taking an entire class of speech and deciding whether or not its in the amendment-insulting or fighting words, the profane, etc. obscenity , how is it defined...
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This note was uploaded on 02/17/2012 for the course COMM 1310 taught by Professor Mottet during the Fall '08 term at Texas State.

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