Fall, 2012
Leora Harpaz

First Amendment Rights

Required Casebook: Sullivan & Gunther, First Amendment Law (4th edition, 2010, Foundation Press, ISBN:9781599417561). Additional reading assignments will be posted online as part of the listed assignment.
First Amendment:  "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Grading:  There will be a three-hour closed book examination. Grades will be based exclusively on exam performance.

Attendance Policy:  Part F. I. of the Academic Standards governs attendance and requires that students attend at least 80% of the regularly scheduled class meetings. To implement this policy, students will be required to initial an attendance sheet for each class. Failure to initial the attendance sheet will be counted as an absence. Students must initial the attendance sheet for themseleves. Asking another student to write your initials on the sheet when you are absent in order to falsely indicate presence in class is a violation of the Honor Code. Students who are absent from more than 20% of regularly scheduled classes (more than 6 classes) will be administratively withdrawn from the course. Students who miss 5 classes will be sent a warning letter by email alerting them to the fact that they are in danger of administrative withdrawal. 



QUESTIONS BEFORE CLASS: In connection with each reading assignment, there are questions which you should attempt to answer prior to class. These questions are listed by assignment number in a single document: Questions Before Class

1. First Amendment: An Overview and Clear and Present Danger

pages 1-19 (First Amendment History, Theory and Jurisprudence and Schenck v. United States, Frohwerk v. United States, and Debs v. United States)
If you have not yet purchased the casebook, a similar, but not identical, version of the first reading assignment is available online.
2. Incitement to Violence

pages 19-38 (thru note 3) (Abrams, Masses Publishing Co., Gitlow v. New York, Whitney v. California)

3. From Clear and Present Danger to the Modern Incitement Test

pages 38-52 (Dennis, Bond v. Floyd, Brandenburg v. Ohio, Hess, Claiborne Hardware, Rice v. Paladin Enters.)

4. Fighting Words and Hostile Audiences

pages 51-64 (Cantwell, Chaplinsky, Gooding, Texas v. Johnson, Cohen v. California, Terminiello, Feiner, Edwards, Cox, Gregory)

5. Libel and Falsity

pages 66-78 (Beauharnais, New York Times, Butts, Walker, Rosenbloom, Gertz, Dun & Bradstreet)

6. Non-Defamation Torts

pages 78-85 (Hustler Magazine v. Falwell, Time, Inc., Cohn, Florida Star, Bartnicki, Zacchini)
Snyder v. Phelps
7. Hate Speech

pages 85-88 (National Socialist Party v. Skokie, Smith v. Collin)
In the Matter of the Welfare of R.A.V.     
Excerpts from Briefs in R.A.V. v. City of St. Paul
pages 88-103 (R.A.V., Wisconsin v. Mitchell, Watts v. United States, Virginia v. Black)

8. Obscenity and Child Pornography
103-127 (Roth, Kingsley, Stanley v. Georgia, Miller, Paris Adult Theatre, Post-Miller decisions, Ferber, Osborne, Free Speech Coalition)

9. Depictions of Animal Cruelty, Violent Video Games and The Stolen Valor Act
United States v. Stevens
Brown v. Entertainment Merchants Association
United States v. Alvarez
10. Sexually Explicit But Non-Obscene Expression
133-150 (Erznoznik, Schad, Young v. American Mini Theatres, Renton, Almeda Books, Pacifica, FCC v. Fox Television Stations)

11. 150-164 (Rowan, Consolidated Edison, Bolger, Sable, Denver Area Educational Telecommunications Consortium, Playboy Entertainment, Reno v. ACLU, Ashcroft v. ACLU (2002), Ashcroft v. ACLU (2004))

12. Commercial Speech
164-180 (Valentine v. Chrestensen, Pittsburgh Press, Virginia Pharmacy, Bolger, Fox, Linmark, Carey, lawyer advertising, Central Hudson)
Additional Excerpt from Bolger
Excerpt from Zauderer
Excerpt from Milavetz Concerning Zauderer

13. 180-196 (Fox, Metromedia, Discovery Network, United Reporting, Tourism Company of Puerto Rico, Edge Broadcasting, Coors Brewing, 44 Liquormart, Wileman Bros., Greater New Orleans Broadcasting, Lorillard Tobacco, Thompson)

14. Content-Based vs. Content-Neutral Regulations and Symbolic Conduct
197-214 (thru note 3) (Mosely, Carey, Simon & Schuster, Burson v. Freeman, Republican Party of Minnesota v. White, Boos v. Barry, O'Brien)
15. Symbolic Expression
216-231 (Street, Smith, Spence, Johnson, Eichman, Barnes, Papís A.M.)
Excerpt from Hurley

16. Overbreadth and Vagueness
344-358 (Gooding, Robel, Broadrick, Ferber, Free Speech Coalition, Virginia v. Hicks, Brockett, Schaumburg, Munson, Telemarketing Associates, Oakes, Osborne, Houston v. Hill, Jews for Jesus)
358-360 (Coates, Finley)
United States v. Stevens (overbreadth analysis)

17. Prior Restraints and Speech in Public Forums
360-370 (Lovell, Lakewood, Freedman, FW/PBS, Thomas v. Chicago Park District, Poulos, Kingsley Books, Near)
232-236 (Davis, Hague v. CIO, Saia, Staub, Hynes, Lakewood, Cox)
64-66 (Kunz, Forsyth County)

18. Speech in Public Forums and other Government Property
236-253 (Schneider, Martin, Kovacs, City of Ladue, Watchtower Bible & Tract Society, Cox, Heffron, Metromedia, Vincent)

19. 253-267 (Clark, Ward, Frisby, Madsen, Schenck, Hill, Grace)
20. Speaker Access to Public Places Other than Streets and Parks
267-279 (Brown, Adderly, Grayned, Lehman, Southeastern Promotions, Greer, Albertini, U.S. Postal Service, Perry)
21. 279-292 (Cornelius, Kokinda, ISKCON v. Lee, Lee v. ISKCON, Forbes, United States v. American Library Association)

22. Religious Speech on Public Property and Speech in Public Schools
292-298 (Widmar v. Vincent, Lamb's Chapel, Good News Club, Capitol Square Review Board v. Pinette, Pleasant Grove City v. Summum)
300-311 (Tinker, Board of Education v. Pico, Bethel School Dist. No. 403 v. Fraser, Hazelwood School Dist. v. Kuhlmeier, Morse v. Frederick)