Political Science 410
Civil Liberties
Spring, 2003

Instructor William R (Bill) Daniel
Office 130 Founders Hall
Hours 9-10 MWF, 11-12 TTh, or by appt
Phone 826-3914
e-mail wrd1@humboldt.edu or wrdaniel05@pacbell.net
web site http://www.humboldt.edu/~wrd1

Texts: John C Domino; Civil Rights and Liberties in the 21'st Century
David M. O'Brien ed.; Lanahan Readings in Civil Rights and Civil Liberties

Some say that September 11, 2001 "changed every thing" in the United States, that to protect our country from terrorist attacks we must take strong action, even at the expense of some of our civil liberties. Indeed, with the enactment and implementation of "The Patriot Act" and issuence of "interum administrative rules, along with renewed attention to previous "anti-terroris, and intelligence" acts. Some have begun to worry about the erosion of civil liberties in the United States. Into this mix can also be added questions about the meanung of citizenship and the extent to which government can meet the duel obligation of protecting society from harm and protecting individuals' civil rights.

Surprisingly to some, the underlying issues facing us today are not new. Throughout our entire history there has occurred a "push and pull" between security on one hand, and rights and liberties on the other. In modern times, but really always, the U S Supreme Court has played a pivotal role in defining the proper balance between the two. As a number of "celebrated cases" slowly wind their way up, once again the Supreme Court will be in the midst of the battle.

The purpose of this course is to put the present issues and controversies into perspective by examining many of the landmark court cases that impact the present. We will look at the opinions themselves as well as what legal scholars and others have written about these opinions and the conditions that generated them.

Your grade in this course will be based on your performance on two mid terms, a term paper, and a final exam, 20%, 20%, 20% and 30% respectively. The mid-terms will be take-home essays, and the final will be an in class essay exam. In addition you will be responsible for leading class discussion on at least two designated opinions. You will be expected to submit a "brief" of each case (in a format to be discussed in class), present your analysis to the class, and answer questions about the case. These discussions will be a significant part of the class, and will be interspersed throughout the semester. As a result, the assignment of cases will be somewhat arbitrary. You will be given at least a week's notice before you are expected to shine. These presentations will count 10% of your grade.

For your term paper, you are to choose a "landmark" decision in an area of interest to you, and in a 10 - 15 page paper, analyze that decision along with subsequent decisions citing that case as precedent. You would thus summarize the general position the Court has taken with respect to the matter, note any trends that have occurred over time, and thus predict the course the Court might follow in the future. Your paper is to be of a "pre professional quality, reflective of the abilities of seniors at HSU. Proper citation of cases you examine and other sources you use is MANDATORY. You may well wish to use analytic sources other than the opinions themselves, but use of the Domino text for this purpose is off limits.

Excessive absences are not looked upon kundly, though there is no "3 cut" policy in effect. Make up exams and extentions on presentations are possible if you have a legitimate excuse and warn me in advance about it.

COURSE SCHEDULE

1/21-1/23 Intro: Domino, Ch 1; O'Brien, Article 5
1/28-1/30 Freedom of Speech - Subversive Speech: Domino; pp. 28-44; O'Brien, Art. 6; Schenck, Gitlow, Dennis, Noto, Brandenberg
2/4-2/6 Symbolic Speech: Domino, pp. 44-59; Barnette, Tinker, O'Brien, Wooley, Johnson
2/11-2/13 Offensive and Hate Speech - Competing Rignts; Domino; pp. 60-76; O'Brien, Art. 10; Cohen, R A V, Edwards, NAACP, Hill, Buckley
2/18-1/20 Freedom of Press: O'Brien; Arts. 7, 8 & 11; Near, Sullivan, N Y Times, Saxbe
2/25-2/27 Free Speech and Obscenity: Domino, Ch. 3; O'Brien; Art. 9; Roth, Miller, Pacifica, Reno, Ashcroft
3/4-3/6 Video 3/4, TAKE HOME EXAM 3/6, DUE 3/11
3/11-3/13 Freedon of Religion; Domino; pp. 116-133; O'Brien, Arts; 12-13; Cantwell, Sherbert, Yoder, Goldman, Lyng, Smith, Boerne
3/18-3/20 R & R
3/25-3/27 Freedom From Religion: Domino; pp. 133-161; Obrien, Arts. 14-14; Everson, Engel, Abbington, Santa Fe, Lemon, Aguilar, Agostino, Zelman
4/1-4/8 Due Process and the 4'th Amendment: Domino, pp. 166-199; O'Brien, Arts. 1-4, 16-17; Palko, Weeks, Mapp, Carol, Ross, Acevedo, Terry, Sitz, Knights, Katz, Kyllo, Bartniki
4/10-4/17 Police Interrogation and the Right to Counsel: Domino, pp. 199-209; O'Brien, Arts 18-23; Powell, Gideon, Massiah, Brown, Miranda, Fulminente, Dickerson SECOND EXAM 4/17, Due 4/22
4-22-4/24 The 8'th Amendment and Capital Punishment: Domino, pp. 209-223; O'Brien, Part 5; Robinson, Furman, Gregg, McClesky, Atkins, Solen, Harmelin, Ewing
4/29-5/1 Privacy: Domino, Ch. 6, O'Brien, Arts 33-34; Griswold, Roe, Webster, Bowers
5/6 Citizenship and Alienage: Yick Wo, Zadvydas PAPERS DUE TODAY (PENALTY FOR LATE PAPERS)
5/8 Recent Trends and the Future: Domino, Ch. 8; O'Brien, Art. 36
5/15 FINAL EXAM 8:00 -9:50 (IN CLASS) SORRY! No EARLY FINALS GIVEN