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Political Science 4774
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Prof. Mapel Website: http://sobek.colorado.edu/~mapel Office Hours (subject to revision)
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Course Description
This course examines liberal democracy and the rights guaranteed by the
First Amendment. Why are freedoms of speech, press, association and religion
important in a liberal democracy? When can the US government legitimately limit these freedoms? How
should these freedoms be balanced against other values, such as national security
and equality? Should various "low value" forms of speech, e.g., fighting words, profanity, obscenity, and hate speech, receive less protection than "high value" political, scientific and artistic speech?
Course Requirements (subject to revision)
Briefs: 20% of final grade.
In this course, class presentations of readings and especially briefs of cases are designed to develop critical thinking skills and must be done according to a specific format to be discussed in class. For a handout on briefing, go to "Briefing A Case.pdf" Students are expected to turn in detailed, precise, logically organized briefs demonstrating insight into the central issues of the case. In writing a brief, you are required to read the commentary in Stone and to address the main questions raised by that commentary in your brief.
Each student will be assigned specific cases to brief for class. Students are required to distribute hard copies of their briefs to everyone (including the Instructor) at the beginning of class. Failure to do so results in zero credit for that brief, unless the student is absent and provides a documented excuse. Otherwise, there are no make-ups for late briefs. The number of written briefs and oral presentations will depend upon how many times we succeed in rotating through members of the class, but the aim is for students to brief at least four substantial cases and to lead class discussion at least twice. In addition to their assigned briefs, students are strongly urged to brief all major cases as a way of studying the material and being ready for exams.
If you want help with your first two briefs, you must email drafts of them to me by noon the day before they are due in class. I will return them to you with suggested revisions that evening or the next morning.
Participation: 20% of final grade. Based on attendance, active participation in class, and evidence of careful reading before class. Students may miss two classes without an excuse; thereafter, absence counts against the final grade without a documented excuse for reasons recognized by the University.
First in-class exam: 20% of final grade.
Second mid-term: 20% each of final grade.
Final in-class exam: 20% of final grade
Quizzes will also be given if preparation for class appears to lag. I will adjust the other requirements accordingly.
There will be no extra credit assignments available in this class.
Disabilities
If you qualify for accomodations because of a disability, please submit to me a letter from Disability Services in a timely manner so that you needs may be addressed. Disability Services determines accommodations based on documented disabilities. Contact: 303-492-8671, Willard 322, and http://www.colorado.edu/disabilityservices
Religious Observance
Campus policy regarding religious observances requires that faculty make every effort to reasonably and fairly deal with all students who, because of religious obligations, have conflicts with scheduled exams, assignments or required attendance. Students are required to let me know within the first two weeks of the course if they want an accommodation. For details of campus policy see http://www.colorado.edu/policies/fac_relig.html
Classroom Decorum
Students and faculty each have responsibility for maintainng an appropriate learning environment. Students who fail to adhere to such behavioral standards may be subject to discipline. Faculty have the professional responsibility to treat all students with understanding, dignity and respect, to guide classromm discussion, and to set reasonable limits on the manner in which they and their students express opinions Professional courtesy and sensitivity are especialy important with respect to individuals and topics dealing with differences of race, culture, religion, politics, secual orientation, gender variance and nationalities. Class rosters are provided to the instructor with the student's legal name. I will gladly honor your request to address you by an alternate name or gender pronoun. Please advise me of this preference early in the semester so that I may make appropriate changes to my records. See policies at http://www.colorado.edu/policies/classbehavior.html and at http://www.colorado.edu/studentaffairs/judicialaffairs/code.html#student_code
Honor Code
All students are the University of Colorado, Boulder are responsible for knowing and adhering to the academic integrity policy of this institution. Violations of this policy may include: cheating, plagiarism, aid of academic dishonesty, fabrication, lying, bribery, and threatening behavior. All incidents of academic misconduct shall be reported to the Honor Code Council (honor@colorado.edu; 303-725-2273). Students who are found to be in violation of the academic integrity policy will be subject to both academic sanctions from the faculty member and non-academic sanctions (including but not limited to university probation, suspension, or expulsion). Other information on the Honor Code can be found at http://www.colorado.edu/policies/honor.html and http://www.colorado.edu/academics/honorcode
Sexual Harassment
The University of Colorado at Boulder policy on Discrimination and Harassment (http://www.colorado.edu/policies/discrimination.html, the CU policy on Sexual Harassment, and the CU policy on Amorous Relationships applies to all students, faculty and staff. Any student, faculty or staff member who believes s/he has been the subject of discrimination or harassment based upon race, color, national origin, sex, age, disability, religion, sexual orientation, or veteran status should contact the Office of Discrimination and Harassment (ODH) at 303-492-2127 or the Offic e of Judicial Affairs at 303-492-5550. Information about ODHand the campus resources available to assist individuals regarding discrimination or harassment can be obtained at http://www.colorado.edu/odu
Attendance and Class Registration
If a student fails to answer roll during the first two classes of this course, he or she will be administratively dropped. If a student misses more than 50% of classes, he or she will fail the course.
Required Readings (subject to
revision)
Students are
required to check required readings and reading schedule regularly for changes.
Books (available at UMC Bookstore and on the Hill)
The First Amendment, Stone, Seidman, Sunstein, Tushnet, eds. (Aspen Law and Business, 2003). Note that all page numbers below are given for the second edition of this book.
Articles (listed below on reading schedule and on the web.
How to access articles on the web: go to http://sobek.colorado.edu/~mapel/PROTECTED Then go to folder "1st Amend" and then look for articles inside folder. Username and Password will be provided in class.
New York Times articles Remote Access Information
Most of the Chinook databases (for example, FirstSearch, Lexis-Nexis) are licensed solely for the use of current students, staff, and faculty of the University of Colorado at Boulder. These databases are available to anyone from on-campus locations. If you are trying to access these from a remote location, however, you must be authenticated as a CU-Boulder employee or student. More information
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Reading Schedule
(Readings should be done by day listed and in order listed) |
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| All articles are available in Stone or on the web. Required readings have the author's name in bold; suggested readings have the author's name in ordinary type. The assignments should be read by the day listed and in the order listed. You are required to bring the main text and other required readings to class. | |||
| August | |||
| 29 | Introduction to the course | ||
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I.Philosophical Justifications of Freedom of Expression |
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| 31 | Truth and the Marketplace of Ideas Bernard Williams, "The Marketplace of Ideas," ("Williams.pdf") Suggested: Frederick Schauer, excerpt from Free Speech: A Philosophical Inquiry, Chapter 2 ("SchaerFreeSpeechPhilInquiry.pdf") H.J.McCloskey, "Liberty of Expression: Its Grounds and Limits," ("McClosky_Liberty.pdf") ("BERGER~1.pdf") |
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| September | |||
| 5 |
Democratic Government Alexander Meiklejohn, excerpt, "Political Freedom" ("Meiklejohn.pdf") Personal Self-Expression Martin H. Redish, excerpt, "The Value of Free Speech" (this article is sandwiched between two other, suggested readings by Baker and Richards which present variations of the self-realization rationale for freedom of expression. To find the reading by Redish, go to "BAKER~1.PDF" on the web and scroll through Baker's article to Redish. Richards' article follows. Thomas Scanlon, "A Theory of Freedom of Expression" ("Scanlon_freedomof expression.pdf") C. Edwin Baker, excerpt, "Scope of the First Amendment Freedom of Speech" ("BAKER~1.PDF") David A.J. Richards, excerpt, "Free Speech and Obscenity Law: Toward a Moral Theory of the First Amendment" (RichardsFreeSpeechObscenity.pdf") |
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| 7 | Representative Democracy and Judicial Neutrality Required: information about Robert Bork, his Supreme Court hearings, and how Bork was "borked" http://eightiesclub.tripod.com/id320.htm Robert H. Bork, "Neutral Principles and Some First Amendment Problems" or ("Bork.Neutral.pdf") (The entire article is available on the web, but the required reading starts on page 20, subheading "Some First Amendment Problems," and goes to the end. Even if you are interested in reading the entire paper, I suggest you begin at p. 20, read to the end, and then return to the very beginning. Ignore any "start" and "stop" suggestions in the margin.) Suggested: http://rightweb.irc-online.org/profile/1049 http://www.mediatransparency.org/personprofile.php?personID=10 |
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II. The First Amendment
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Each assignment has several parts. First, there are readings from "Stone." These readings present excerpts from major cases and provide commentary. These readings also include study questions, which you should read and try to answer, especially when you are briefing a case for class presentation. In addition, you should study in detail (and usually brief) the cases below identified by bullets. Assignments also include some required historical or philosophical essays on First Amendment topics. Finally, there are suggested readings for those interested in pursuing a particular topic at greater length. For background on the basic operations of the Supreme Court, see Alepheus T. Mason, American Constitutional Law: Introductory Essays and Selected Cases, Chapter 2, p. 24-40 (Prentice Hall, 2002). Go to "Mason2.pdf" |
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| A. Content-Based Restrictions: Dangerous Ideas and Information | |||
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Subversive Speech: The World War I Cases: "Clear and Present Danger" Watch excerpts from film: "The American Experience: Emma Goldman" Stone, 19-34
Suggested: Historical background on WWI, The "Red Scare" and the deportation of resident aliens David Cole, Enemy Aliens, Chapter 8, "Alien Radicals and Radical Citizens: From Anarchism to Sedition ("Cole8.pdf") David Cole , Chapter 9, "The Course of Least Resistance: J. Edgar Hoover's First Job and the Palmer Raids of 1919-20" ("Cole9.pdf") |
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| 14 | Subversive Speech: The "Red Scare Cases" Stone, 35-48
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| 21 | McCarthyism Watch film of Army/McCarthy hearings: "Charge and Counter-Charge" Stone, 48-56
Cole, Chapter 10, "The Second Red Scare: Targeting Radical Citizens" ("Cole10.pdf") |
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| 26 | McCarthyism, Guilt by Association and Compelled Disclosure
Loyalty Oaths
Investigative Committees
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| 28 | The Press, Secrecy and National Security Stone, 95-112
Stone, Perilous Times, 500-521 (Note this is a DIFFERENT book by Stone ("Ellsworth.pdf") A darker, more legible version is also available at the Protected page. Click on The Pentagon Papers. The New York Times, "When Do We Publish a Secret?", July 1, 2006 The New York Times, "On Telling Secrets: The Editors and the Readers," July 4, 2006 |
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| October | |||
| 3 | Brandenburg Stone, 56-65
Stone, Perilous Times 521-6 ("Perilous.pdf") Class review Stone, et. al, The History and Philosophy of Free Expression, 3-19 Ronald Collins and David M. Skover, "What is War? Reflections on Free Speech in Wartime" (SchenkSurvives.pdf) Suggested: Stone, Perilous Times, 528-58 ("TheSecretofLiberty.pdf") Hans A. Linde, "Clear and Present Danger Reexamined: Dissonance in the Brandenburg Concerto" (BrandenburgConcerto.pdf) Or go to Protected and click on The Brandonberg Case.pdf (note spelling) |
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| 5 | First In-Class Exam | ||
| B. Content-Based Restrictions: "Low" Value Speech | |||
| 10 | "Fighting Words" Stone, 72-92
Stone, 89-92, "Skokie" Suggested: Feinberg, "The Nazis in Skokie" 86-93 ("FeinbergNazisinSkokie.pdf |
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| 12 | Hate Speech Stone, 255-274
"An Intense Attack by Justice Thomas on Cross-Burning," The New York Times, Thurs. Dec. 12, 2002 p. A1 and A27 (Also look under "Required Readings" at top of syllabus for more information about remote access to New York Times articles) "Excerpts from Opinion and Dissent in Supreme Court Case on Cross Burning," The New York Times, April 8, 2003 , p. A17 |
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| 17 | False Statements of Fact Stone, 139-150
Harry Kalven Jr., "The New York Times Cases: A Note on `The Central Meaning' of the First Amendment" ("KALVEN~1.PDF") Stone, 161-3
Suggested: Adam Liptak, "Sedition: It Still Rolls Off the Tongue" Stone, 150-61
Cass Sunstein, excerpt, "Free Speech Now" ("SunsteinFreeSpeechNow.pdf") |
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| 19 |
The Lewd, the Profane, and the Indecent Stone, 224-39
"The Decency Police," Time (March 26, 2006)--The Decency Police.pdf or Time link Suggested: Joel Feinberg, "Obscenity on the Public Media: F.C.C. v. Pacifica, 281-7 ("OBSCEN~1.PDF"). To find, scroll through to second half of article. |
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| 24 | Obscenity Watch film, "American Porn" |
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| 26 | Obscenity Stone, 197-218, 274-280
Feminism and Pornography Stone, 274-280, "Note: Pornography and the Victimization of Women" Suggested: Feinberg: "Obscenity as Pornography", 127-164 ("OBSCEN~1.pdf")Feinberg, "Pornography and the Constitution" 165-187 ("JFPorn/Constitution.pdf") |
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| D. Content-Neutral Restrictions | |||
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General Principles and Symbolic Conduct: Draft Card Burning and Flag Burning Stone. 360-76
Suggested: Kent Greenawalt, Fighting Words, Chapt. 3, "Flag Burning" ("KGFlag.pdf") |
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| November | |||
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General Principles and Symbolic Conduct: Nude Dancing Stone, 246-55
Stone, 376-382
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| E. Freedom of the Press | |||
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A Preferred Status for the Press? Stone, 473-93
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| 9 |
Regulating the Press to Improve the Marketplace of Ideas Stone, 494-522
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| 14 | Class Review | ||
| 16 | Second Exam | ||
| 21 -23 | Fall Break | ||
| F. The Religion Clauses: Establishment
and Free Exercise |
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| 28 |
Historical Overview and the Anti-Coercion Principle Stone, 523-52
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| 30 |
The Non-Endorsement Principle and De Facto Establishments Stone, 553-70
Listen to oral arguments in Allegeny v ACLU |
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| December | |||
| 5 | Facially Neutral Statutes that Aid Religion Stone, 571-90
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| 7 | The Free Exercise Clause: Required Accomodations Stone, 591-610
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| 12 | The Free Exercise Clause: Permissible Accomodation
"In God's Name" A Four Part Series on Relgion in America, New York Times Religion Trumps Regulation As Legal Exemptions Grow Where Faith Abides, Employees Have Few Rights As Religious Programs Expand, Disputes Rise Over Tax Breaks Religion-Based Tax Breaks: Housing to Paychecks to Books For video and related documents go to nytimes.com/churchstate
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| 14 | Class Review | ||
| Final Exam: TBA (note, this exam is two, not three hours long) | |||
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