Prompt Write a case brief on one of the following Supreme Court cases. Use the course resources to support your analysis.
Module One Short Paper Guidelines and Rubric.html
COM 449 Module One Short Paper Guidelines and Rubric
Overview
In this module, you learned about the role of the federal court system, how court decisions are used to inform future legal action, and the evolution of the First Amendment. Additionally, you learned about the impact government regulation and legal proceedings can have on the communication field. This assignment will help you understand how court decisions are analyzed so you can apply the new standards they create and avoid litigation for you and your company when you make a public statement or start a communication campaign.
Prompt
Write a case brief on one of the following Supreme Court cases. Use the course resources to support your analysis.
Westboro Baptist Church: Snyder v. Phelps (2011)
Case citation: Snyder v. Phelps, 562 U.S. 443 (2011)
Citizens United v. Federal Election Commission (2010)
Case citation: Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)
Walker v. Texas Division, Sons of Confederate Veterans (2015)
Case citation: Walker v. Texas Division, Sons of Confederate Veterans, 576 U.S. ___ (2015)
McCullen v. Coakley (2014)
Case citation: McCullen v. Coakley, 573 U.S. ___ 464 (2014)
Specifically, you must address the following rubric criteria:
Facts: Briefly summarize the facts of the case, emphasizing the legal dispute in question. The summary should include the following:
Involved parties
The original legal action
The defendant’s defense
The process for how the case reached the Supreme Court (including a summary of all other previous legal proceedings, such as rulings by the court of appeals)
Issue: Identify the question being asked of the court.
Rule of Law: Provide a brief summary of the precedent that was set by the decision. Include the following in your summary:
The importance of the precedent
If the precedent has been overturned, a discussion of the current precedent and the case that established it
Analysis: Analyze how and why the court reached its decision. Include the following:
Any tests or definitions of a new category created by the decision
The legal points where the concurring and dissenting opinions disagreed
Conclusion: Provide an accurate and concise description on what the court decided that includes an answer to the question you identified in the “Issue” section above.
Reflection: In addition to the case brief, answer the following questions:
What do you think the intended consequences to the court’s decision were? Are there potential unintended consequences to the court decision?
How might the ruling influence future First Amendment cases?
In general, how can the federal courts cause change in the communication industry?
What to Submit
Submit this assignment as a Word document. It should be between 500 and 750 words in length. Sources should be cited according to APA style.
Module One Short Paper Rubric
Criteria Exemplary (100%) Proficient (85%) Needs Improvement (55%) Not Evident (0%) Value
Facts Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Summarizes key facts of the case (the involved parties, original legal action, defendant’s defense, and process for reaching the Supreme Court), emphasizing the legal dispute in question Shows progress toward proficiency, but with errors or omissions; areas for improvement may include adding additional background information on the case or the steps the case took to travel through the federal court system Does not attempt criterion 20
Issue Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Identifies the question being asked of the court Shows progress toward proficiency, but with errors or omissions; areas for improvement may include creating a question that more appropriately addresses the issue in the case Does not attempt criterion 15
Rule of Law Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Provides a brief summary of the precedent that was set by the decision, the importance of the precedent, and if the precedent has been overturned Shows progress toward proficiency, but with errors or omissions; areas for improvement may include adding more relevant information to the summary Does not attempt criterion 10
Analysis Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Analyzes how and why the court reached its decision, including in the analysis any tests or definitions created by the decision; where concurring and dissenting opinions disagreed; and whether the same decision would be made today Shows progress toward proficiency, but with errors or omissions; areas for improvement may include adding tests or definitions created by the decision or information on dissenting opinions Does not attempt criterion 20
Conclusion Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Provides an accurate and concise description on the court’s decision that answers the question identified in the “Issue” section, listing how this case impacts the current communication industry Shows progress toward proficiency, but with errors or omissions; areas for improvement may include more accurately answering the question in the “Issue” section Does not attempt criterion 10
Reflection Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Analyzes the intended and unintended consequences of the court’s decision, the potential impact on future cases, and how federal or Supreme Court decisions cause change in the communication industry Shows progress toward proficiency, but with errors or omissions; areas for improvement may include adding more ways in which Federal court or Supreme Court decisions cause change in the communication industry Does not attempt criterion 15
Articulation of Response Exceeds proficiency in an exceptionally clear, insightful, sophisticated, or creative manner Clearly conveys meaning with correct grammar, sentence structure, and spelling, demonstrating an understanding of audience and purpose Shows progress toward proficiency, but with errors in grammar, sentence structure, and spelling, negatively impacting readability Submission has critical errors in grammar, sentence structure, and spelling, preventing understanding of ideas 5
Citations and Attributions Uses citations for ideas requiring attribution, with few or no minor errors Uses citations for ideas requiring attribution, with consistent minor errors Uses citations for ideas requiring attribution, with major errors Does not use citations for ideas requiring attribution 5
Total: 100%
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