First Amendment Rights and Responsibilities
LAW 680 Section 01
David F. Forte
Summer 2015
Monday and Wednesday, 8:00-10:15 am, Room 205
Texts:
Sullivan & Feldman, First Amendment Law, 5th ed.
or
Sullivan and Feldman, Constitutional Law, 18th ed.
and
Sullivan & Feldman, Constitutional Law 2014 Supplement,
and
Forte, Sources and Additional Materials (available at central desk),
and
Forte, Political Correctness, Speech Codes, and Harassment (available at central desk),
and
Forte, Supplementary Materials on the Religion Clauses (available later at student services)
First Session
The Value of Free Speech
Introduction
Sullivan & Feldman, First Amendment Law, 5th ed., pages 2-9
or
Sullivan and Feldman, Constitutional Law, 18th ed., pages 886-893
Licensing, Seditious Libel, Political Speech
John Milton Areopagitica (1644)
Blackstone, Liberty of the Press (1765-1769)
An Appeal to the Inhabitants of Quebec (1764)
Free Speech and Free Press Clauses (1789)
Madison and the Drafting of the First Amendment
Forte, Sources and Additional Materials. Available at Support Services, pages 1-31
Second Session
Clear and Present Danger (1)
Attempts, Conspiracy
Review your knowledge of criminal law: general and specific intent crimes, conspiracy, attempt, solicitation. Be prepared to present the same.
Schenck v. United States
Frohwerk v. United States
Debs v. United States
Abrams v. United States
Sullivan & Feldman, First Amendment Law, 5th ed., pages 15-24
or
Sullivan and Feldman, Constitutional Law, 18th ed., pages 899-909
Third Session
Clear and Present Danger (2)
Incitement
Review your knowledge of the incorporation doctrine from Constitutional Law
Masses Publishing v. Patten
Gitlow v. New York
Whitney v. California
Sullivan & Feldman, First Amendment Law, 5th ed., pages 25-38
or
Sullivan and Feldman, Constitutional Law, 18th ed., pages 909-922
Reference:
De Libellis Famosis
Trial of Seven Bishops
The Trial of John Peter Zenger,
Sources and Additional Materials, pages 32-42