PSC : Civil Liberties Spring 2013 Tuesday and Thursday, 2-3:15 pm Graham 307

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1 PSC : Civil Liberties Spring 2013 Tuesday and Thursday, 2-3:15 pm Graham 307 Instructor & Office Hours: Dr. Susan Johnson Office: 317 Curry Office Hours: Mondays 11 am 1 pm, and by appointment Office Phone: (336) swjohnso@uncg.edu Course Catalog Description: Case-method approach to issues involving civil liberties and civil rights. Examination of the historical evolution of Supreme Court decisions and evaluation of the Court s reassessment of previous decisions. Student Learning Outcomes: To practice the skill of reading and analyzing written judicial opinions. To become familiar with the Bill of Rights and its interpretation by the U.S. Supreme Court. To explore the Court s treatment of individual liberties, including freedom of religion, free speech, freedom of the press, rights of the accused, and privacy. To explore the states obligation to provide protections against discrimination. Required Text: Epstein, Lee and Thomas G. Walker Constitutional Law for a Changing America: Rights, Liberties and Justice. Washington D.C.: CQ Press. (Available at the University Bookstore). Course Requirements: Class participation 10% Analytical papers (4-5 pages): 15% each; 30 % total Exam 1 20% Exam 2 20% Exam 3 20% Summary of Due Dates: Exam #1: Feb. 19 Paper #1: March 5 Exam #2: March 28 Paper #2: April 18 Exam 3: May 2 (3:30-6:30 pm) 1

2 Class Participation: Students are expected to regularly attend class and participate in discussion. This means that students should be prepared each class period to be called upon to answer questions relevant to the reading. Quality is more important than quantity in my evaluation of class participation. Late Papers and Missed Exams Students are expected to be present to take the exams at their scheduled times. Only in extraordinary circumstances will make-up opportunities exist. Students must notify me PRIOR to the missed exam/paper with a valid excuse and must be prepared to provide credible evidence (such as a written doctor s note) of the excuse. Excuses for missed exams/papers after the fact will not be allowed, resulting in a failing grade for the assignment. It is the instructor s sole discretion to determine whether or not an excuse is acceptable. Make-up exams will be scheduled for the same day, time and place for everyone at the end of the semester. I will announce the make-up exam time in class. Students will be allowed to make-up only one (1) exam during the semester. Academic Honor Code: I expect all students in this course to abide by both the letter and spirit of the university s academic integrity policy. Violations of the university honor code will be prosecuted. The full text of the Academic Integrity Policy can be viewed at: Specifically pertinent to this course are the following rules: 1. Cheating: Intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise. 2. Plagiarism: Intentionally or knowingly representing the words of another, as one's own in any academic exercise. Do NOT engage in either cheating or plagiarism. The penalties for both offenses range from the need to re-do assignments to expulsion from the University, depending upon the severity of the cheating or plagiarism offense. If you have any questions regarding what constitutes either cheating or plagiarism, please see me immediately. Classroom etiquette and use of electronic devices: Please show respect for your instructor and classmates by being in class on time and by planning to remain in class for the entire class period. Turn off cell phones and other electronic devices during class. Use of laptop computers is limited to taking notes, not surfing the internet, chatting with others, working on assignments for other classes, or any other similar activities. Students with Special Needs: Students with special needs should contact the instructor during the first week of class. I will make every effort to accommodate the needs of students with special requirements. 2

3 Course schedule: Students are expected to complete the assigned reading before class and be prepared to discuss the assigned cases. Minor adjustments to the reading schedule may be made depending on how quickly material is covered or if classes are delayed or cancelled due to weather. Students are responsible for keeping up with any schedule adjustments that are announced in class or on blackboard. 1/15: Course Introduction 1/17: Understanding the U.S. Supreme Court Read pp /22: Judicial Review and Power (Marbury v. Madison; Ex Parte McCardle) Read pp /24: Incorporation (Barron v. Baltimore; Hurtado v. CA; Palko v. CT; Duncan v. LA) Read pp /29: Free Exercise of Religion (Cantwell v. CT, Sherbert v. Verner, Wisconsin v. Yoder) Read pp /31: Free Exercise of Religion (Oregon v. Smith, City of Boerne v. Flores) Read pp /5: Establishment (Everson v. Bd. of Educ., Lemon v. Kurtzman, Agostini v. Felton, Zelman v. Simmons-Harris) Read pp /7: Establishment (Edwards v. Aguillard, Abington Township v. Schempp, Lee v. Weisman) Read pp /12: Establishment (Van Orden v. Perry, Hosanna-Tablor Evangelical Lutheran Church v. EEOC) Read pp /14 Wrap-up and review for Exam I ***Tuesday, February 19 th : EXAM I*** 2/21: Free Speech in Times of Crisis (Schenck v. U.S., Abrams v. U.S., Gitlow v. NY, Dennis v. U.S.) Read pp

4 2/26: Free Speech Modern Tests (Bradenburg v. Ohio, U.S. v. O Brien, Texas v. Johnson) Read pp /28: Free Speech Public Forums (Chaplinsky v. NH, Cohen v. CA, Hill v. CO) Read pp /5: Free Speech Hate speech & Student speech (RAV v. City of St. Paul, Snyder v. Phelps. Tinker v. Des Moines) Read pp ***Analytical Paper #1 due, beginning of class March 5 th *** 3/7: Right to Association (Rumsfeld v. Forum for Academic and Institutional Rights, Boy Scouts v. Dale) Read pp and pp ) 3/12 3/14: Spring Break 3/19: Free Press (Near v. MN, NY Times v. U.S.) and Libel (NY Times v. Sullivan, Hustler Magazine v. Falwell) Read pp and pp /21: Obscenity (Roth v. U.S., Miller v. CA, NY v. Ferber) Read pp /26: Wrap-up and review for Exam II ***Thursday, March 28 th : EXAM II*** 4/2: Right to Bear Arms (D.C. v. Heller) and Privacy (Griswold v. CT, Roe v. Wade, Planned Parenthood v. Casey) Read pp and pp /4: Fourth Amendment (Katz v. U.S., Terry v. Ohio, Mapp v. Ohio, U.S. v. Leon) Read pp ; ; ; /9: Fifth & Sixth amendments (Escobedo v. Illinois, Miranda v. Arizona, Powell v. Alabama, Gideon v. Wainwright) Read pp ; /11: Eighth Amendment (Gregg v. GA, Atkins v. VA), overview of 14 th amendment Read pp ; ) 4

5 4/16: 14 th Amendment - Racial discrimination (Plessy v. Ferguson, Brown I & Brown II) and State Action (Loving v. VA, Shelley v. Kraemer, Burton v. Wilmington Parking, Moose Lodge v. Irvis) Read pp ; ; /18: 14 th Amendment Gender discrimination (Reed v. Reed, Craig v. Boren, U.S. v. VA) Read pp ***Analytical paper #2 due, beginning of class April 18 th *** 4/23: 14 th Amendment Sexual orientation (Romer v. Evans); Affirmative action (Regents of Univ. of CA v. Bakke, Grutter v. Bollinger) Read pp ; ; /25: Wrap-up and review ***Thursday, May 2 (3:30 6:30 pm) - Final exam*** 5