Topics
in Political Science: The First Amendment
Political Science 415
M 6-8:30 C121
Winter 2005
Available at: www.saintjoe.edu/~peterw
Introduction
This class is designed to
introduce the student to the First Amendment and to the work of the
United States Supreme Court. In addition to reading the Court's
opinions in a number of important First Amendment cases, this course
will also allow the student to focus in depth on three First Amendment
cases decided by the Court. These cases, seen through the eyes of an
historian, a journalist, and a professor of constitutional law, are Abrams v. United States (1919), The New York Times Company v. Sullivan
(1964), and Church of the Lukumi
Babalu Aye v. City of Hialeah (1993).
The texts we will be using this semester are:
- David M. O'Brien. Constitutional Law and Politics
Volume Two: Civil Rights and Civil Liberties. 5th ed. New York:
W.W. Norton, 2003.
- Richard Polenberg. Fighting Faiths: The Abrams Case,
the Supreme Court, and Free Speech. New York: Penguin Books,
1989.
- Anthony Lewis. Make
No Law: The Sullivan Case and the First Amendment. New York:
Vintage Books, 1992.
- David M. O'Brien. Animal Sacrifice & Religious
Freedom: Church of the Lukumi Babalu
Aye v. City of Hialeah. Lawrence, Kansas: University
Press of Kansas, 2004.
If you are unable to get copies of the texts for any reason, please do not
hesitate to contact me. Please give yourself sufficient time to read and re-read the material.
If you are a student with a disability, please meet with me at your earliest opportunity to
discuss any accommodations you will need during class activity,
examinations, and out of class assignments in order to participate
fully and demonstrate your abilities.
Class Schedule
The course calendar can be
found below. On it you will find a weekly breakdown of reading
assignments and due dates, noted in parentheses,
for assigned work.
Please note: Additional readings may be assigned as the semester
unfolds.
You will receive a zero if you absent yourself from quizzes. Half a
letter grade (e.g. C+ to C) will be deducted for each day a writing
assignment is handed in late. I will discuss exceptions to these rules
at our first class meeting.
January 10: Introduction
January 17: O'Brien 370-380, 380-388, Schenck,
Gitlow, Dennis, Brandenburg, O'Brien 409-414, Rust
January 24: Polenberg (entire text)
January 31: O'Brien 420-427, Roth,
Stanley, O'Brien 432, Miller, Paris Adult Theatre I, Ferber, City of Erie, Reno, Finley
February 7: O'Brien 471-476, Cohen,
Pacifica Foundation, R.A.V., Mitchell, O'Brien 502-506
February 14: Lewis (entire text)
February 21: O'Brien 506-513, Sullivan,
Gertz, Masson, Cox Broadcasting Corporation
February 28: O'Brien 532-540, Bigelow,
44 Liquormart, Lorillard Tobacco
March 14: O'Brien 560-565, Near,
New York Times, Branzburg, Houchins, O'Brien 589-594, Red Lion Broadcasting Co. Inc., Denver Area Educational Telecommunications
Consortium Inc., O'Brien 603-608, Globe Newspaper Company
March 21: O'Brien 611-615, Barnette,
Tinker, Johnson, O'Brien 633-640, 640-646, National Association for the Advancement
of Colored People, United
States Jaycees, Boy Scouts of
America
April 4: O'Brien 663-671, 672-689, Everson,
Engel, Abington School District, Lemon, Jaffree, Weisman
April 11: Zobrest, Board of Education of Kiryas Joel School
District, Rosenberger,
Agostini, Mitchell, Good News Club, O'Brien 782-785
April 18: O'Brien Animal
Sacrifice & Religious Freedom: Church
of Lukumi Babalu Aye v. City of Hialeah (entire text)
April 25: O'Brien 785-792, Sherbert,
O'Brien 798-800, Yoder, Employment Division, Department of Human
Resources of Oregon, Church
of the Lukumi Babalu Aye, City
of Boerne, O'Brien 829-834
Class Requirements
You are required to
complete one research paper during the course of the semester. The
paper is designed to get you to focus on legislative attempts to
restrict free speech in the United States. The particular focus of the
paper is the Sedition Act of 1798 and the Sedition Act of 1918. The
paper must focus on 1) the context surrounding the passage of the laws
under consideration; 2) the nature of the legislation; 3) arguments
made for and against the passage of the legislation; 4) the life and
ultimate fate of the legislation.
The paper must be a minimum of fifteen pages in length. It is to have a
minimum of ten sources. The paper is due March 21.
Papers must possess a cover page and must be stapled in the top
left-hand corner. They must be typed and double-spaced. The font size
used in the paper must be no larger than 12pt. The right and bottom
margins are to be 1 inch wide. The left margin is to be 1.25 inches
wide. The top margin, with the exception of the first page, must be 1
inch wide. The top margin on the first page must be 2 inches in width.
Papers must be handed in
during class on the date the assignment is
due.
You are responsible for keeping an extra copy of your paper. Failure to
follow these requirements will lead to penalties being assigned.
I strongly urge you to take your paper to the Writing Clinic. The
Writing Clinic is located in Core 212. I also urge you to consult The Everyday Writer as you
begin the writing process. If you do not have a copy of this text,
please let me know.
In addition to the above, you will also be tested on your understanding
of the Court's work by taking a number of short in-class quizzes. The
quizzes will be administered on January 24, February 14, March 14,
April 4, April 25.
Finally, a portion of your grade will be determined by the quality, and
to a lesser extent the frequency, of your class participation. In order
to effectively participate in class discussion you must keep up with the reading
assignments.
I tend to enjoy lively argument and debate in my classroom. I will
frequently call upon students by name to address an issue that we are
considering. Please come prepared to express your views about the
issues at hand.
Your grade will be computed in the following way:
Research Paper
100 points
Quizzes @ 15 points
each 75 points
Class
Participation
100 points
Total
275 points
No extra credit is available.
A=100%-94.5%, A-=94.4%-89.5%, B+=89.4%-86.5%, B=86.4%-83.5%,
B-=83.4%-79.5%, C+=79.4%-76.5%, C=76.4%-73.5%, C-=73.4%-69.5%,
D+=69.4%-64.5%, D=64.4%-59.5%, F=59.4% and below.
Writing Portfolio
All political
science majors are required to keep a portfolio of their written work.
This portfolio will be reviewed by members of the political science
faculty prior to your enrollment in the capstone course, Seminar in
Political Science. Your portfolio should be kept on a computer disk.
The department will supply disks. The types of assignments that can,
and
should, be placed in the portfolio will be discussed during the
semester.
Office Hours and Contacting Your
Professor
I will be available for
conferences on MT 1-1:50 and W-F 8-8:50. If you would like to meet me
at another time, please make an
appointment to do so. Appointments can
be made by calling the number listed at the top of the syllabus, by
calling me at home (866-8768), or by sending an e-mail message to peterw@saintjoe.edu.
I will often contact the class via e-mail. Please check your e-mail on
a daily basis.
Student Tutors
In addition to the help
available to you in class and during office hours, a student tutor will
also be available to discuss class materials with you. I will provide
you with details of the tutor's schedule during the first or second
week of the semester.
Attendance Policy
A discussion of the
college's attendance policy can be found in the Saint Joseph's College 2004-2005 Catalog.
See pp. 47-48.
While your class participation grade is largely based on the quality of
your participation, failure to attend class will have an adverse impact
on your class participation grade. In addition, attendance at
class will profit you because attention will be given during those
sessions to the reading material assigned for each quiz.
If you are a member of an athletic team, please identify yourself
during the first class session. Professor Teresa Massoels, the Faculty
Athletic Representative, has prepared an information sheet for members
of the faculty, which addresses questions of athletic related absences.
I will distribute this sheet to those identified as members of athletic
teams. You, not your coach,
are responsible for informing me of any athletic related absences.
Academic Honesty
"Whenever you are to do
a thing, though it can never be known but to yourself, ask yourself how
you would act were all the world looking at you, and act accordingly."
- Thomas Jefferson
A discussion of academic honesty can be found in the college catalog.
Please familiarize yourself with the policy. It can be found in the Saint Joseph's College 2004-2005 Catalog.
Please reference pp. 52-54.