SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Choper
Arkansas Educational Television Commission v. Forbes
Citation:
523 U.S. 666 (1998)Facts
The Arkansas Educational Television Commission (AETC) is a state agency that operates a network of noncommercial television stations. In 1992, AETC planned a series of debates between candidates for federal office in the November elections. For the Third Congressional District debate, AETC initially invited only the Republican and Democratic candidates. Ralph Forbes, who later qualified as an independent candidate by obtaining the required 2,000 signatures, requested to participate in the debate scheduled for October 22, 1992. AETC Executive Director Susan Howarth denied Forbes’ request, explaining that AETC had made a journalistic judgment that viewers would be best served by limiting the debate to the major party candidates. Forbes filed suit claiming First Amendment violations. At trial, AETC staff testified that Forbes was excluded because he lacked campaign organization, had not generated appreciable voter support, and was not regarded as a serious candidate by the press. The jury found that AETC’s decision was not influenced by political pressure or disagreement with Forbes’ views.
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.
- 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.