Expert answer:Legal Writing
Expert answer:Extra Credit – One (1) extra credit point may be earned for each legal writing submitted in proper form. Each writing must not be less than 2 full pages double spaced. The writing, formatted as an academic writing rather than a legal writing, must review an appellate court opinion issued by a Federal or State court on any issue of interest. The writing must: (1) properly cite the court opinion, (2) present the factual circumstances of the case, (3) state the applicable law, (4) state the decision of the Court, and (5) comment as to how the ruling affected the writer’s understanding of the law. All extra credit writings must be electronically submitted to the instructor before December 8.
extra_credit_example_writing__4_.docx
extra_credit.docx
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Extra Credit Writing #1
Citizens United v. Federal Election Commission, 588 U.S. 310, 130 S.Ct. 836 (2010)
Factual circumstances of the Case
In January 2008, Citizens United, a corporation, released a film entitled “Hillary: The
Movie.” It was a 90-minute documentary about then-Senator Hillary Clinton, who was a
candidate in the Democratic Party’s 2008 Presidential primary elections. Hillary mentioned
Senator Clinton by name and depicted interviews with political commentators and other persons,
most of them quite critical of Senator Clinton. Hillary was released in theaters and on DVD, but
Citizens United wanted to increase distribution by making it available through video-on-demand
within 30 days of the 2008 primary elections. It feared, however, that both the film and the ads
would violate a federal campaign law banning corporate-funded independent expenditures, thus
subjecting the corporation to civil and criminal penalties. In December 2007, Citizens United
sought declaratory and injunctive relief against the FEC, asking the Court, in part, to find the
federal campaign law unconstitutional as violating free political speech, even though Citizens
United was a corporation.
A United States District Court and then the United States Circuit Court of Appeals ruled
against Citizens United and held the federal campaign law to be constitutional. The case was
then heard by the US Supreme Court.
Applicable Law
A provision in the Bipartisan Campaign Reform Act of 2002 (BCRA), as found at 2
U.S.C. §441b, prohibited corporations and unions from using general treasury funds to make
direct contributions to candidates or independent expenditures that expressly advocate the
election or defeat of a candidate, through any form of media, or to broadcast any electioneering
communication. An electioneering communication was defined as “any broadcast, cable, or
satellite communication” that “refers to a clearly identified candidate for Federal office” and is
made within 30 days of a primary or 60 days of a general election. That term was further defined
by The Federal Election Commission’s (FEC) regulation 11 CFR §100.29(a)(2) as a
communication that was “publicly distributed.” “In the case of a candidate for nomination for
President … publicly distributed means” that the communication “[c]an be received by 50,000 or
more persons in a State where a primary election . . . is being held within 30 days.” 11 CFR
§100.29(b)(3)(ii).
Decision of the Court
In finding the federal campaign law to be an unconstitutional infringement on the
political free speech rights of Citizens United, the Court stated in part:
Some members of the public might consider Hillary to be insightful and instructive; some
might find it to be neither high art nor a fair discussion on how to set the Nation’s course;
still others simply might suspend judgment on these points but decide to think more about
issues and candidates. Those choices and assessments, however, are not for the
Government to make. “The First Amendment underwrites the freedom to experiment and
to create in the realm of thought and speech. Citizens must be free to use new forms, and
new forums, for the expression of ideas. The civic discourse belongs to the people, and
the Government may not prescribe the means used to conduct it.
How the Ruling affected my Understanding of the Law
Attempting to unravel the myriad complexities within this socio-politico conflict is not
unlike trying to unravel the Gordian Knot and certainly places the advocate somewhere between
Scylla and Charybdis. Our representative republic prides itself on the democratic values of
personal power and the concept of one vote for one voice. Yet, in our elections, whether local or
national, history clearly supports the proposition that the wealthy can purchase a stronger and
louder vote regardless of the merits of the voice.
So, on the one hand we have our constitutional guarantee that holds freedom of political
speech sacrosanct, yet, on the obverse, it would seem that abuses of that freedom could lead to its
demise in a political society predicated on high values such as individual freedom and equality.
My conscience was not shocked by the legislative attempt to reduce the political impact
of wealth in the electoral arena or by the Supreme Court balancing that reasonable attempt
against the historic and profound protections of the freedom of political speech and finding that
in that balance the right to speak, regardless of the wealth of the speaker, cannot be silenced.
Extra Credit – a total of 5 extra credit points may be earned. One (1) extra credit point may be
earned for each legal writing submitted in proper form. Each writing must not be less than 2 full
pages double spaced. The writing, formatted as an academic writing rather than a legal writing,
must review an appellate court opinion issued by a Federal or State court on any issue of interest.
The writing must: (1) properly cite the court opinion, (2) present the factual circumstances of the
case, (3) state the applicable law, (4) state the decision of the Court, and (5) comment as to how
the ruling affected the writer’s understanding of the law. All extra credit writings must be
electronically submitted to the instructor before December 8.
…
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