Supreme Court Case Brandenburg V. Ohio
Brandenburg v. Ohio
The Supreme Court uses various criteria for the consideration of cases. Not all cases may be chosen by the Supreme Court, so they must wisely choose their cases. The Court must be uniform and consistent with the cases they choose according to federal law. "Supreme Court Rule 17, Considerations Governing Review on Certiorari '" (Rossum 28).These rules are obligatory to follow because the Court uses it to grant certiorari. There are four basic rules for Rule 17. First, the Supreme Court must decide if there are any important questions on Federal Law in this case that the Court has not seen or ruled on yet. Secondly, the Court must determine if any lower courts have had any conflicting interpretations of the Federal Law. Third, they must determine if any decisions made by the lower courts conflict with any previous Supreme Court decisions, and lastly, they must check the "lower court departures from the accepted and usual course of judicial binding" (Rossum 28). Sometimes the Supreme Court will look at the importance of the case as well. When there is disagreement between lower courts, the Supreme Court will read over the case and see if there is something in this case that may be of great concern to the nation, area, sex, race, etc. Also, the Supreme Court may deny a case depending on the effect of the case in the long-run. A good example of this is when cases were sent to the court to challenge whether or not the Vietnam War was constitutional. The court as always tried to be neutral and avoid any kind of negative involvement, especially in political disputes, and for this reason they would negate any cases on the Vietnam War. Also, and this is more over the last criteria for determining a case, the Court tries to avoid any unnecessary inflammation of the public 's opinion. The Court 's do this by limiting the amount of issues that may cause controversy to the public. They consider the publics reaction in choosing cases in order
The Supreme Court uses various criteria for the consideration of cases. Not all cases may be chosen by the Supreme Court, so they must wisely choose their cases. The Court must be uniform and consistent with the cases they choose according to federal law. "Supreme Court Rule 17, Considerations Governing Review on Certiorari '" (Rossum 28).These rules are obligatory to follow because the Court uses it to grant certiorari. There are four basic rules for Rule 17. First, the Supreme Court must decide if there are any important questions on Federal Law in this case that the Court has not seen or ruled on yet. Secondly, the Court must determine if any lower courts have had any conflicting interpretations of the Federal Law. Third, they must determine if any decisions made by the lower courts conflict with any previous Supreme Court decisions, and lastly, they must check the "lower court departures from the accepted and usual course of judicial binding" (Rossum 28). Sometimes the Supreme Court will look at the importance of the case as well. When there is disagreement between lower courts, the Supreme Court will read over the case and see if there is something in this case that may be of great concern to the nation, area, sex, race, etc. Also, the Supreme Court may deny a case depending on the effect of the case in the long-run. A good example of this is when cases were sent to the court to challenge whether or not the Vietnam War was constitutional. The court as always tried to be neutral and avoid any kind of negative involvement, especially in political disputes, and for this reason they would negate any cases on the Vietnam War. Also, and this is more over the last criteria for determining a case, the Court tries to avoid any unnecessary inflammation of the public 's opinion. The Court 's do this by limiting the amount of issues that may cause controversy to the public. They consider the publics reaction in choosing cases in order
Cited: "Brandenburg v. Ohio." Find Law for Legal Professionals. 30 October 2007 <http://caselaw.lp.findlaw.com> "Brandenburg v. Ohio." Great American Court Cases. 1999. 4 vols. Student Resource Center. Gale Group Databases. Cardinal Gibbons High School Lib., Raleigh, NC. 30 October 2007 <http://www.infotrac.galegroup.com>. Rossum, Ralph A. and G. Alan Tarr. American Constitutional Law: Cases and Interpretation. New York: St. Martin 's Press, 1983. 28-33. Teford Thomas L. and Dale A. Herbeck. "Whitney v. California." Freedom of Speech in the United States. State College, PA, Strata Publishing Inc., 2005. 5 December 2007 <http://www.bc.edu>.