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Freedom of Speech Case Brief: Ashcroft v. Free Speech Coalition

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Not really sure how to write a case brief in Bluebook Citation format, for Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002).

It should include
Case Citation
Facts
Procedural History
Issues
2 Issues minimal
Holdings
2 Issues minimal
Reasoning
2 Issue minimal
Decision
Comment

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Solution Summary

A case brief example of Ashcroft v. Free Speech Coalition, an important First Amendment free speech case.

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Case Citation:
Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002). [Please note that Ashcroft v. Free Speech Coalition should be either italicized or underlined.]

Facts:
Congress passed the Child Pornography Prevention Act of 1996 (CPPA), which extended prohibited child pornography to include "sexually explicit images that appear[ed] to depict minors but were produced without using any real children." Id. at 239. [Please note that Id. should be italicized or underlined.] The Federal Speech Coalition along with Bold Type, Jim Gingerich, and Ron Raffaelli, argued that the CPPA violated the First Amendment.

The CPPA added three new prohibited categories of speech, two of which the Federal Speech Coalition alleged violated the First Amendment. These were 18 U.S. C. § 2256(8)(B) and (D). 18 U. S. C. § 2256(8)(B) prohibited "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct." 18 U. S. C. § 2256(8)(D) defined child pornography to include any image that "advertised, ...

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Catherine Crider, JD
Education
  • JD, University of San Francisco School of Law
  • MEd, Boston College
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