Identify the competing claims of the case

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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)

Reference no: EM131957659

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