FOR THE ESSAY QUESTION 1\ Example for case briefing Please read and brief the following cases: New York Times v. Sullivan https://www.law.cornell.edu/supremecourt/text/376/254 New York Times v. US https://www.law.cornell.edu/supremecourt/text/403/713 New York Times Co. v. Sullivan Facts of the case: A government elected official brought suit in Alabama State Court, Montgomery against the New York Times newspaper. The allegation was that a paid advertisement appeared in the paper, that was presumed to be libelous to the elected official. Libel, if intended with malicious purposes, could be used as a reason to sue in Alabama. The government official won the case but could not claim damages due to a lack of evidence showing malicious intent. Issues: The issue being disputed concerned if New York Times had intended malice in its printing of the paid advertisement or if it had intentionally ignored facts in an effort to harm. If this was the case, evidence existed against New York Times. Decision: The Supreme Court, to which the New York Times appealed after initial judgment in favor of the official, ruled 9 to 0 in favor of the New York Times. Proof could not be established showing malicious intent on the part of the New York Times. Reasoning: The First and Fourteenth Amendments safeguard free speech and damages cannot be awarded to an official by the State if the individual is unable to prove a libelous statement has been made with malicious intent. Conclusion: The case was a victory for the First Amendment and Fourteenth Amendment that guaranteed that freedom of speech and press is afforded to the citizens of the United States. CASE BRIEFS 2 Title: New York Times Co. v. United States Facts of the case: Richard Nixon acting under the US Govt. brought suit against the New York Times attempting to prevent them from publishing classified articles. Issues: The issue in question was if the New York Times was acting within its constitutional right to publish freely (as a member of the press) Decision: The Court ruling was in favor of the New York Times Reasoning: It is unconstitutional to hinder free speech, as granted by the first amendment, and if the New York Times was stopped from publication, then it would be a direct attack against the rights of the people. Conclusion: The final ruling secured the freedom of press and its ability to serve the people without pressure from even the government. 2\ Example for case briefing PLEASE READ AND BRIEF THE FOLLOWING CASES BRANDENBURG V. OHIO https://www.law.cornell.edu/supremecourt/text/395/444 SCHENCK V. US https://www.law.cornell.edu/supremecourt/text/249/47 Title: Brandenburg v. Ohio Facts of the case: A KKK leader was convicted under an Ohio law that allowed conviction for promoting terroris ...