Summary judgment can be important tools for protecting free expression

Summary judgment can be important tools for

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important tools for protecting free expression, particularly in an environment in which plaintiff May file frivolous lawsuits to harass the media.Finding the Law: Resources are actual documents that make up the law. Legal research often begins and secondary sources that analyze, interpret and discuss the primary documents. The first two legal encyclopedias that summarize legal subjects and reference relevant cases and legal articles.Reading Case Law oBriefing cases: Case brief Simplify and clarify a courts sometimes lengthy opinion by selecting the five most important elements of the decision. The five components of a case brief are facts, issue, rule of law, application and conclusion. The facts should include all the information needed to understand the issue and the decision of the Court. The issue is one sentence that summarizes the specific question decided by the court in this case. The answer is usually yes or no. The rule of law states in one sentence the precedent established by this decision that will bind lower courts. The application details why the court reached its decision. It is important to discuss the details of the Court's reasoning in this section. The conclusion is a simple statement declaring the holding reached by the present Court and it provides the vote of the Court.Chapter 2: The First AmendmentWhat the First Amendment means: Some justices View the Constitution as a living document that response to societal changes other justices say malleability in the Constitution's meaning gives the court unlimited power to change the protections of theFirst Amendment at whim. Quartet music categories that are sometimes unclear and quite broad or find the First Amendment does not protect certain types of speech. The First Amendment also does not prohibit laws that punish blackmail, extortion, Free jewelry, false advertising and destructive speech in the public school classroom. When speech categories are less well defined, they provide limited guidance to court seeking to resolve cases involving similar speech. The Supreme Court faced the question of how much First Amendment protection is given to full speech when it considered whether a federal law that made it a crime to lie about being awarded U.S. military honors violated the Constitution.
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Where the First Amendment came fromoFoundations of First Amendment Theory: Authors and Publishers protested against government control of content and develop series to justify press freedom. English philosopher and political theorist John Locke argued that government censorship was an improper exercise of power. Lock first said that allpeople have fundamental natural rights including life personal Liberty and self-fulfillment. Locke's vision of government was revolutionary. French political philosopher Jean-Jacques Rousseau advanced a similar view of social contract between the people and their government. Rousseau said all people are uncivilized and violent. Because the people retain their sovereignty and their
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  • Spring '08
  • Fellner
  • Supreme Court of the United States, First Amendment to the United States Constitution

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