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Criminal Law Keyed to Gershowitz
Reno v. American Civil Liberties Union
Citation:521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874.
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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:
The American Civil Liberties Union (“ACLU”) challenged the constitutionality of two provisions in the 1996 Communications Decency Act known as the “indecent transmission” provision and the “patently offensive display” provision. 47 U.S.C. A. § 223(a) (Supp. 1997) prohibited the knowing transmission of obscene or indecent messages to any recipient under 18 years of age and 47 U.S.C. A. § 223(d)(Supp. 1997) prohibited the knowing sending or displaying of patently offensive messages in a manner that is available to a person under 18 years of age. The ACLU argued that these provisions abridges the freedom of speech protected by the First Amendment.
The United States District Court for the Eastern District of Pennsylvania stopped enforcement of these provisions. Janet Reno, the Attorney General for the United States, appealed.
- 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.