Does anyone know the basic steps on how to brief a legal case sticking with 1st amendment rights?

This means like figuring out if it took place in a public forum, or if its content discrimination, the 2 tests (sullivan or lower), content nuetral, libel, actual malice and so forth?????? im so desperate for an outline of steps to follow when briefing these kind of cases , please someone help!!!!!!Does anyone know the basic steps on how to brief a legal case sticking with 1st amendment rights?
';Does anyone know the basic steps on how to brief a legal case sticking with 1st amendment rights? This means like figuring out if it took place in a public forum, or if its content discrimination, the 2 tests (sullivan or lower), content nuetral, libel, actual malice and so forth?????? im so desperate for an outline of steps to follow when briefing these kind of cases , please someone help!!!!!!';





There appears to be no quick answer to your question.





My practice in formulating a memorandum of law (at the trial level) is to stick close to the facts of the particular case.





Your client doesn't want to pay you to do more than is necessary. And the trial judge almost definitely doesn't want to read a treatise, but rather just wants to know what cases in his jurisdiction (or those influential to it) are most closely on point. Throwing in a pertinent U.S. Supreme Court case is usually a good idea too.





So, the ';outline,'; if you will, is simple research. Search Lexis-Nexis or Westlaw for keywords having to do with your case subject. Look through the annotated statutes that apply. Find cases that are most closely on point.





The issues addressed in those cases might give you some idea about the issues that apply in your own case. And when libel and slander apply should be fairly obvious from the facts before you. You already seem to have a good degree of the knowledge: Your law school summaries should do the rest if needed.





Of course, you'll need to be familiar with the U.S. Supreme Court cases that have had a profound and lasting impact on free speech and freedom of the press. But since every case is different, the small handful of general ';rules'; that apply (that usually have their origin in those landmark U.S. Supreme Court cases) aren't so important as having on-point case law that is as persuasive as possible.





If you are writing a brief for an appellate court, the same ideas still apply-- except that you'll likely want to get a little more academic about covering the origin of the case law that applies-- and you definitely must include at least an overview of the most pertinent U.S. Supreme Court decisions that might hold sway in the case.