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TVR 312 U.S. v Stevens Supreme Court Justices
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In spite of your exceedingly busy docket, you have granted cert to the U.S., who a appealing the decision of the U.S. Court of Appeals for the Third District.
Facts of the Case (from Oyez):
Robert Stevens was convicted under 18 U.S.C. Section 48 in a Pennsylvania federal district court for "knowingly selling depictions of animal cruelty with the intention of placing those depictions in interstate commerce for commercial gain." His conviction stems from an investigation into the selling of videos related to illegal dog fighting.
Mr. Stevens appealed his conviction arguing that 18 U.S.C. Section 48, on its face, was unconstitutional because it violated the Free Speech Clause of the First Amendment
The U.S. Court of Appeals for the Third Circuit agreed with Mr. Stevens and reversed his conviction, holding unconstitutional 18 U.S.C. Section 48. The court reasoned that the dog fighting videos he sold were protected speech and that 18 U.S.C. Section 48 did not serve a compelling governmental interest.
Question before this Court: Is 18 U.S.C. Section 48, on its face, unconstitutional under the Free Speech Clause of the First Amendment?
So for this case, you have a bit of information about and now you have to find the 3rd Circuit appellate decision which will give you background on the trial and the appeal. This decision also has some dissents so you can get as sense of the reasons why the majority decision was not unanimous.
Be careful in your research. Document all your sources very carefully. Read the appellate decision extremely carefully, there lots of cases to support arguments in there.
First, as members of the Supreme Court, you will need to appoint a Chief Justice.
In preparation for oral arguments, please read as much background information as possible. Resources to assist in preparation for oral arguments include cases cited in the appellate court opinion, the appellate opinion itself and news articles discussing the legal issues surrounding the case.
It is critical that you come to the oral arguments well prepared, and focus on the First Amendment free speech claims that will be raised.
You will ask any relevant questions you want during the oral arguments. You are, after all, the Supremes.
You each will be responsible for preparing research for the oral argument and sharing it with your colleagues before the oral arguments occur. I recommend you research argument that both the petitioner and respondent will likely make so that you are prepared to ask indepth questions. Then you will meet as a group on your own time, determine the court's opinion through a vote and work together to craft the court's majority opinion, and any dissenting or concurring opinions if they emerge through the vote and discussion. Each person will turn in the polished, finished portion of the opinion they prepare. One member of the majority will compile the final document, editing it to ensure a singular voice and consistency of style in language and citation.
Each member of the group will fill out a group evaluation form, assessing the level of each person's contribution to to collaborative effort, quality of product, meeting of deadlines and attendance at group meetings.
Each person will be graded individually. The grade will be based on the overall quality of the group's work in the form of the final opinion, one's active participation as a justice in the oral arguments (read: asking informed questions), evidence of ones preparation for the oral argument, one's individual portion of the opinion and the feedback from the group about the level of participation. Lack of involvement in the group work, will adversely impact an individual's grade.
The full court's opinion along with each of your original opinions and the group evaluation sheets are due on the date the Court opinion is due and is noted in the course schedule. In addition to bringing one copy to class, please email me a copy so I can post it to the class website for the rest of the class to read.
Contact:Dr.
C.
URL- http://www.ithaca.edu/faculty/ncornwell/312/312CrueltyJustices.html
Revised-Nov. 10, 2009