SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Choper
Debs v. United States
Citation:
249 U.S. 211 (1919)Facts
On June 16, 1918, Eugene V. Debs, a prominent socialist leader, delivered a speech in Canton, Ohio, during World War I. While the main theme of his speech was socialism, he also expressed opposition to the war and praised individuals who had been imprisoned for resisting the draft or obstructing military recruitment. Debs specifically mentioned Rose Pastor Stokes, who had been convicted under the Espionage Act, stating that “she said no more than the speaker had said that afternoon” and that “if she was guilty so was he.” During the speech, Debs made statements suggesting that the working class had “nothing to gain and all to lose, including their lives” in the war. At trial, Debs admitted, “I have been accused of obstructing the war. I admit it. Gentlemen, I abhor war. I would oppose the war if I stood alone.”
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.