Case Briefing Assignment: Review the example of the case briefing of Dennis v. United States. Then, write one page to brief the case "New York Times Company v. United States (1971)"
1. Background:
- Briefly explain the facts of the case.
- Identify the competing claims of the case which mean identify what is being argued by both sides.
- Identify the constitutional question?
- How is a First Amendment right being violated? On the other side, what is the competing interest? Try to give a sympathetic account of how the right is not being violated or how a restriction of a right is justified.
2. Decision:
- What is the holding in the case? (i.e. who won?)
- Explain the Court's the reasons for a decision, that is, WHY did the one party win?
- What is the understanding of the First Amendment offered by the majority?
- If there is a concurring or dissenting opinion, also explain the reasons of ONE other opinion.
3. Reaction:
- Which opinion do you agree with and WHY? Did the Court make the right decision? Explain why or why not. (1 point)
- Raise a further question that you would like to explore or have explained. (do not ask "yes" or "no" questions that doesn't require significant response)