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Constitutional Law Keyed to Barnett
Miami Herald v. Tornillo
Citation:418 U.S. 241 (1974)
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- 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. Review the Facts of this case here:
Appellee Tornillo was the Executive Director of the Classroom Teacher’s Association in Florida and was also running for the Florida House of Representatives. While Tornillo was a candidate, the Miami Herald (a newspaper in Florida) wrote an editorial article arguing that one of the strikes which Tornillo had lead in his capacity as Director of the Teacher’s Association was “an illegal act against the public interest and clearly prohibited by the statute.” Tornillo demanded that the Miami Herald print his response, but the newspaper refused. Tornillo sought declaratory relief, injunctive relief, and damages under Florida Statute 104.38, which provided that if the character of a political candidate was criticized by any newspaper, the candidate had a right to demand that the newspaper print, free of cost, the candidate’s reply.
- 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.