SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Farber
Cohen v. California
Citation:
Cohen v. California, 403 U.S. 15, 91 S. Ct. 1780, 29 L.Ed.2d 284 (1971)Facts
On April 26, 1968, Defendant Pail Robert Cohen was observed wearing a jacket that had on it, “F— the draft” in a municipal courthouse in Los Angeles. The words were plainly visible to passersby, including children. He did not threaten or engage in any act of violence. The Defendant was convicted under a California law for disrupting the peace and offensive conduct. Cohen testified at his trial that he wore the jacket knowing that the words printed thereon were a means of informing the public of his feelings towards the Vietnam War and the draft.
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.
Topic Resources
Topic Videos
Topic Outline
First AmendmentTopic Refresher Course
Introduction to Freedom SpeechTopic Charts & Notes
First Amendment Chart