Constitutional Law Keyed to Cohen
Hill v. Colorado
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Petitioners file a complaint praying for a declaration that Section:18-9-122(3), which regulates speech – related conduct within 100 feet of the entrance to any health care facility, is facially invalid. The Petitioners also seek an injunction against its enforcement. The Petitioners claim that they, prior to the enactment of the statute, engaged in sidewalk counseling on the public ways and sidewalks within 100 feet of the entrances to facilities where human abortion is practiced or where medical personnel refer women to other facilities for abortions. The specific section of the statute that the Petitioners challenge, makes it unlawful to approach within eight feet of another person, without their consent, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person. Although the statute prohibits speakers from approaching unwilling listeners, it does not require a standing speaker from m oving away from anyone passing by. This statute also does not place any restriction on the content of any message that anyone may wish to communicate to anyone else. The district court granted the Respondents’ motion for summary judgment and dismissed the Petitioners’ complaint. The Court of Appeals later affirmed this judgment as did the Colorado Supreme Court causing the Petitioners to appeal to the United States Supreme Court (Supreme Court).
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.