Constitutional Law Keyed to Cohen
Bartnicki v. Vopper
Facts
Some unknown person tapped and recorded a cell phone conversation between Bartnicki (P ) who was chief negotiator for a teachers’ union, and Kane (P) who was president of the same union. The conversation included a threat of violent action (perhaps metaphorically) by Bartnicki in the event the union’s demands were not met. The negotiations eventually wound up with a settlement in favor of the teachers. After the settlement, Vopper (D), a radio commentator, aired a recording of the intercepted conversation on his show along with his report on the settlement. He was not party to the interception, and did not know who was responsible for it, and had obtained the recording by legal means. The two union leaders filed for damages under federal wiretapping laws, which under S. 2511(1)(a) prohibits intercepting cell phone calls, and under S. 2511(1)(c) prohibits disclosure of material obtained by illegal interception. The U.S. Supreme Court granted review of the case.
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.