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Constitutional Law Keyed to Varat
Brandenburg v. Ohio
Citation:395 U.S. 444, 89 S.Ct. 1827, 23 L.Ed.2d 430 (1969).
CaseCast™ – "What you need to know"
Defendant was convicted under the Ohio Criminal Syndicalism statute after he made a speech referencing a possibility of revengeance on the government. Defendant challenged his conviction under the First and 14th Amendments, arguing the statute violated his right to free speech.
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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.
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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.