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- Identify Herbert Wechsler and Marvin Frankel.
- What is a writ of certiorari, and what role did the writ play in
the case of New York Times v. Sullivan?
- Who was M. Roland Nachman, Jr., and what was his role in the
case of New York Times v. Sullivan?
- What is a brief, and what were the principal arguments of the
New York Times as presented in the principal brief for the
defendants?
- What alternatives to an absolute freedom to criticize pubic
officials did the principal brief offer?
- What was the main argument offered in the brief for the four
ministers?
- How is oral argument conducted before the Supreme Court?
- Who wrote the majority opinion in the case of New York Times v.
Sullivan, how many Justices signed the opinion, and who won the
case?
- What was the foundational statement of result as expressed in
the majority opinion?
- How did the majority opinion respond to the historic assumption
that libel was outside the protection of the First Amendment?
- How did the majority opinion deal with the issue of the false
factual statements in the editorial advertisement?
- How did the majority opinion deal with the Sedition Act of
1798?
- After New York Times v. Sullivan, what must a public official
prove in order to recover damages for a defamatory falsehood
relating to her/his official conduct, and what standard of evidence
is required?
- What common conclusion was shared by all Justices who wrote
concurring opinions in the case of New York Times v. Sullivan?
- What is the doctrine of stare decisis, and why does the Supreme
Court occasionally depart from the doctrine in cases involving
constitutional law?
- The majority in New York Times v. Sullivan held that statements
of fact as well as statements of opinion are protected by the First
Amendment. What effects did this holding have upon subsequent
press practices.
- What did the plaintiffs do in response to the Court's decision
in New York Times v. Sullivan?
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