Professor Phillip J. Closius M/W 9:30 -10:20 A.M. Room 202 410-837-4177 M/W 3:00 -3:50 P.M. Room 202 [email protected]
CONSTITUTIONAL LAW II Syllabus – Fall 2014 (17th edition)
Your readings for this semester will be in Gunther & Sullivan, Constitutional Law: Cases and Materials (17th ed.).*
The American Bar Association, the School of Law, and I require regular and punctual class attendance. At the beginning of each class meeting, I will circulate an attendance sheet for you to sign. It is your responsibility to ensure that you have signed the sheet. I WILL WITHDRAW YOU FROM THIS COURSE IF YOU ARE ABSENT FOR MORE THAN FOUR (4) CLASS PERIODS.
NOTE: IT IS AN HONOR CODE VIOLATION FOR A STUDENT TO MISREPRESENT THE STUDENT’S ATTENDANCE OR THE ATTENDANCE OF ANOTHER STUDENT.
I. Freedom of Expression
A. Introduction 760-772; 955-956 (Mackinnon Handout) 1. The Creation of First Amendment Law
a. New York Times v. Sullivan (1964) 826-829
b. Brandenburg v. Ohio (1969) 804-806
c. Cohen v. California (1971) 814-818
d. Miller v. California (1973) 867-870
e. FCC v. Pacifica Foundation (1978) 903-907
B. Regulation of Direct Speech or Writing (Content Based) – Government as Regulator
1. Incitement/Political Speech 772-782; 804-810
2. Fighting Words 810-818
*Approximately 30 pages per week.
3. Protection of Reputation and Sensibilities 826-843
4. Group Libel and Hate Speech 824-826; 843-861
5. Commercial Speech 922-954
C. Symbolic Conduct 966-989
D. Government’s Power, In Its Various Capacities, to Limit Speech
1. Governmental Capacities Handout
2. Government as Property Owner
a. Traditional Public Forum (streets, sidewalks, parks) 1. Definition and Rights 990-1001 2. Hostile Audience 818-824 3. Time, Place, and Manner Restriction 1001-1004 1011-1025
b. Speaker Access to Non-Traditional Public Forum Property Owned by Government 1034-1050
c. Religious Speech on Public Property 1050-1056
d. Private Property Rights 1056-1058
3. Government as Educator – Public Schools (Elementary and Secondary) 1058-1069
4. Government as Employer 1070-1081
5. Government as Patron – speech subsidized by Public funds 1087-1102
E. Problems of Modern Media: Each Medium Unique (Government as Regulator Again)
1. Freedom of the Press 1126-1139
2. Other Media 1263-1274
3. Sexually Explicit Expression 861-922
F. Statutory Techniques: Vagueness & Overbreadth 1102-1118
G. Ancillary Issues
1. Right Not to Associate 1181-1186
2. Limits on Campaign Spending 1193-1200; 1226-1235 II. The First Amendment and Religion
A. Overview 1275-1285
B. The Free Exercise Clause 1286-1291; 1305-1312
C. The Establishment Clause Handout
First Assignment: Pages 760-772; 955-956; 826-829
NO CLASS – September 22 and 24