Constitutional Law Keyed to Stone
Beauharnais v. Illinois
As a result of the Petitioner’s participation in the distribution of the leaflet, he was convicted under an Illinois state statute declaring it unlawful for any person to distribute any publication “that portrays depravity, criminality, unchastity or lack of virtue of a class of citizens, of any race, color, creed or religion, which publication exposes those citizens to contempt, derision, or obloquy or which is productive of breach of the peace or riots.” At trial, the judge refused to instruct the jury that in order to convict, they must find “that the article complained of was likely to produce a clear and present danger of serious substantive evil that rises far above public inconvenience, annoyance or unrest.” The trial judge also refused to consider the Petitioner’s offer of proof on the issue of truth, because, under Illinois law, the defense of truth is unavailable in a prosecution for criminal libel unless “the truth of all facts in the utterance be shown together wit h good motive for the publication.”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.
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.