As you know, courts often use analogies when making decisions. Often, once the Court decides which analogy it will use, it has decided who will win and lose the case. This is true in Case 6-1 in which...

As you know, courts often use analogies when making decisions. Often, once the Court decides which analogy it will use, it has decided who will win and lose the case. This is true in Case 6-1 in which the Court scrutinized the CDA. Please refer to Case 6-1 and consider the following questions:

1. The U.S. Supreme Court decided that the case was a good analogy to the case before the Court. Once the government realized that the Court saw as a good analogy, the government knew it was likely to lose and that the CDA would be struck down. How so? Clue: Reread the discussion of paying particular attention to the level of scrutiny the Court applied to the law challenged in that case.

 2. If you were a member of Congress who had a hand in drafting the CDA, how would you modify this legislation in light of the Court’s opinion? Clue: Reread the Court’s discussion of the ways in which the CDA is too broad and think of ways to make the law narrower in scope.