Fall 2019

Monday & Wednesday, 1:00 to 2:15 p.m. LB66

 

Texts:

Sullivan & Gunther, Constitutional Law, 19th edition (Do NOT buy the 20th edition)

Sullivan & Gunther, Constitutional Law, 2018 supplement (I should be able to provide these for you)

Forte, Original Sources. Available at support services by early next week

 

WRITTEN ASSIGNMENT: For the first day please prepare and turn in after class a one page reflection on this question:

Is Freedom of Speech a value for you? Why or why not? What do you mean by "Speech?"

 

First Session

The Value of Free Speech

Introduction

Sullivan & Gunther, Constitutional Law, pages 932-940

OR Sullivan & Gunther, First Amendment Law, pages 1-9

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)

Forte, Original Sources, pages 1-19

 

Second Session

Clear and Present Danger (1): Criminal Speech

Review your knowledge of criminal law: general and specific intent crimes, conspiracy, attempt, solicitation.

Schenck v. United States

Frohwerk v. United States

Debs v. United States

Abrams v. United States

Sullivan & Gunther, Constitutional Law, pages 946-954

OR Sullivan & Gunther, First Amendment Law, pages 16-24

Reference:

D. Forte, Righting a Wrong: Woodrow Wilson, Warren G. Harding, and the Espionage Act Prosecutions, 68 Case Western. L. Rev. 1097 (2018) on reserve.

 

Clear and Present Danger (2): Incitement, Seditious Libel

Review your knowledge of the incorporation doctrine from Constitutional Law

Masses Publishing v. Patten

Gitlow v. New York

Whitney v. California

Sullivan & Gunther, Constitutional Law, pages 957-978

OR Sullivan & Gunther, First Amendment Law, pages 26-40

Reference:

The Trial of John Peter Zenger,

Original Sources, pages 35-42