WESTERN ILLINOIS UNIVERSITY
DEPARTMENT OF POLITICAL SCIENCE
Civil Liberties and Civil Rights
POLS 411G
# 20191
Spring 2016
Prof. Victoria Smith
Office: Morgan Hall 459
E-mail: vr-smith@wiu.edu
Telephone: (309) 298-2643
Office Hours: M, F 11:00-12:00 p.m.
or by appointment
Class: M/W/F 10:00-10:50 a.m.
Classroom: Morgan Hall 314
Credits: 3
Prerequisite: POLS 122 or by
permission of the instructor
Course Description
The United States Constitution is the foundation upon which all American government is built.
The document is more than 225-years old; it is the oldest, written, nation-state constitution in the world.
And it is also amazingly concise: the Constitution contains a preamble, seven articles, twenty-seven
amendments, and just over 7,000 words.
This course will examine how the Constitution has been interpreted and implemented over the past
two centuries, with particular focus on the Bill of Rights (i.e., the first ten amendments to the
Constitution) and the Fourteenth Amendment (making many of the Bill of Rights guarantees applicable to
the states).
Required Texts
The required readings will be drawn primarily from the following textbook: David Schulz, John
R. Vile, and Michelle D. Deardorff, Constitutional Law in Contemporary America: Civil Rights and
Liberties, Volume II. New York: Oxford University Press, 2011.
ISBN: 978-0-19-539006-3
(“Textbook”) (available at the WIU Bookstore).
Any supplemental readings will be handed out in class or will be available on Westernonline. If
you have any problems accessing Westernonline, please contact University Technology Support Center at
(309) 298-2704.
Course Schedule and Readings
You should have completed all readings and be prepared to discuss them on the date the materials
are identified on the syllabus. Any adjustments to the schedule, as appropriate, will be announced in
class. The instructor reserves the right to modify course requirements and to alter and/or add readings
wherever appropriate.
Introduction
Wednesday, January 20: Course Introduction and Syllabus
Handout: A Special Note on Briefing Cases and Preparing for Classes. Institutions, Politics, and
Process, Vol. 1.
Handout: Orin S. Kerr, How to Read a Legal Opinion: A Guide for New Law Students, The
Green Bag: An Entertaining Journal of Law, Vol. II, No. 1, p. 51 (Autumn 2007). (This article
will be handed out in class. It is also available at http://ssrn.com/abstract=1160925.)
Bill of Rights: pp. xxvi-xxvii
Fourteenth Amendment: pp. xxviii-xxix
The Bill of Rights, the 14th Amendment, and Judicial Scrutiny
Friday, January 22 and Monday, January 25: The Incorporation Doctrine and Levels of Judicial
Scrutiny
Read pp. 1-37 and 50-54, including:
Barron v. Baltimore (1833), p.19
Slaughterhouse Cases (1873), p. 26
Hurtado v. California (1884), p. 29
CB&Q Railroad Co. v. Chicago (1897), p. 31
Gitlow v. New York (1925), p. 33
Palko v. Connecticut (1937), p. 35
Cantwell v. Connecticut (1940), p. 37
Adamson v. California (1947), p. 39
Ashwander v. Tennessee Valley Authority (1936), p. 54
United States v. Carolene Products Co. (1938), p. 55.
The 14th Amendment, Due Process, and Equal Protection
“. . . nor shall any state deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction the equal protection of the
laws.”
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Wednesday, January 27 and Friday, January 29: The 14th Amendment and Race
Read pp. 524-558 and pp. 744-745, including:
Civil Rights Cases (1883), p. 744
Plessy v. Ferguson (1896), p. 539
Sweatt v. Painter (1950), p. 542
Brown v. Board of Education (1954), p. 544
Bolling v. Sharpe (1954), p. 546
Brown v. Board of Education II (1955), p. 547
Swann v. Charlotte-Mecklenburg Board of Education (1971), p. 548
Washington v. Davis (1976), p. 553
United States v. Fordice (1992), p. 556.
Monday, February 1 and Wednesday, February 3: The 14th Amendment and Gender
Read pp. 559-565 and pp. 569-591, including:
Reed v. Reed (1971), p. 569
Frontiero v. Richardson (1973), p. 571
Craig v. Boren (1976), p. 574
Rostker v. Goldberg (1981), p. 577
Michael M. v. Superior Court of Sonoma County (1981), p. 580
Mississippi University for Women v. Hogan (1982), p. 583
United States v. Virginia (1996), p. 586.
Friday, February 5: The 14th Amendment and Affirmative Action
Read pp. 592-603 and 621-636, including:
Regents of the University of California v. Bakke (1978), p. 596
Grutter v. Bollinger (2003), p. 621
Parents Involved in Community Schools v. Seattle School Distr. (2007), p. 629
Fisher v. University of Texas (2016)—to be provided.
Monday, February 8: The 14th Amendment and Other Classifications
Read pp. 636-654, including:
Ambach v. Norwick (1979), p. 642
Plyler v. Doe (1982), p. 646
City of Cleburne, Texas v. Cleburne Living Center, Inc. (1985), p. 650.
Privacy Rights
Wednesday, February 10: Origin of the Right to Privacy and Reproductive Rights
Read pp. 678-687 and pp. 692-726, including:
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Pierce v. Society of Sisters (1925), p. 686
Griswold v. Connecticut (1965), p. 692 (referring back to p. 48)
Roe v. Wade (1973), p. 696
Webster v. Reproductive Services (1989), p. 701
Hodgson v. Minnesota (1990), p. 650
Planned Parenthood v. Casey (1992), p. 713
Women of Minnesota v. Gomez (1995), p. 722
Whole Women’s Health v. Cole—to be provided.
Friday, February 12: Lincoln’s birthday—NO CLASS.
Monday, February 15: The Right to Die
Read pp. 726-737, including:
Washington v. Glucksberg (1997), p. 728
Vacco v. Quill (1997), p. 734.
Wednesday, February 17 and Friday, February 19: Sexuality
Read pp. 654-667, including:
Bowers v. Hardwick (1986), p. 654
Romer v. Evans (1996), p. 659
Lawrence v. Texas (2003), p. 663
United States v. Windsor (2013)—to be provided
Obergefell v. Hodges (2015)—to be provided.
Monday, February 22: Oral argument in Obergefell v. Hodges, 135 S.Ct. 2584 (2015), appealing the 6th
Circuit’s decision in DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014).
The First Amendment and the Establishment Clause
“Congress shall make no law respecting an establishment of religion . . . .”
Wednesday, February 24 and Friday, February 26: Separation of Church and State
Read pp. 75-117, including:
Everson v. Board of Education (1947), p. 86
Engle v. Vitale (1962), p. 89
Lemon v. Kurtzman (1971), p. 92
Marsh v. Chambers (1983), p. 96
Wallace v. Jaffree (1985), p. 99
Sante Fe Ind. School Dist. v. Jane Doe (2000), p. 104
Zelman v. Simmons-Harris (2002), p. 109
Town of Greece v. Galloway (2014)—to be provided.
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The First Amendment and the Free Exercise Clause
“Congress shall make no law . . . prohibiting the free exercise [of religion].”
Monday, February 29 and Wednesday, March 2:
Read pp. 127-155, including:
West Virginia v. Barnette (1943), p. 129
Sherbert v. Verner (1963), p. 133
Wisconsin v. Yoder (1972), p. 137
Employment Division (Oregon) v. Smith (1990), p.142
Burwell v. Hobby Lobby—to be provided
Zubik vs. Burwell—to be provided.
The First Amendment and Freedom of Speech
“Congress shall make no law . . . abridging the freedom of speech . . . .”
Friday, March 4 and Monday, March 7: Seditious Speech and Hate Speech
Read pp. 156-174, pp. 211-212, pp. 216-217, and pp. 220-229 including:
Schenck v. New York (1919), p. 164
Gitlow v. New York (1925), p. 165
Dennis v. United States (1951), p. 168
Brandenburg v. Ohio (1969), p. 172
Collin v. Smith (1978), p. 220
R.A.V. v. City of St. Paul (1992), p. 223
Wisconsin v. Mitchell (1993), p. 226.
Wednesday, March 9: Review for Midterm
Friday, March 11: In-Class Midterm
Monday, March 14—Friday, March 18: Spring Break—NO CLASS.
Monday, March 21: Symbolic Speech
Read pp. 196-200, and pp. 228-245, including:
United States v. O’Brien (1968), p. 229
Tinker v. Des Moines School District (1969), p. 197
Cohen v. California (1971), p. 231
Texas v. Johnson (1989), p. 234
Virginia v. Black (2003), p. 240.
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Wednesday, March 23: Money as Speech
Read pp. 193-197, including:
Board of Regents of the University of Wisconsin v. Southworth (2000), p. 193
Citizens United v. Federal Election Commission (2010)—to be provided
Friedrichs v. California Teachers Association (2016)—to be provided.
The First Amendment and Freedom of the Press
“Congress shall make no law . . . abridging the freedom . . . of the press . . . .”
Friday, March 25 and Monday, March 28: Prior Restraint, Defamation, and Obscenity
Read pp. 246-254, pp. 261-263, pp. 294-298, pp. 301-302, and pp. 304-309, including:
Near v. Minnesota (1931), p. 301
New York Times v. Sullivan (1964), p. 304
New York Times v. United States (1971), p. 307
Miller v. California (1973), p. 261.
The First Amendment and Freedom of Assembly
“Congress shall make no law. . .abridging. . .the right of the people peaceably to assemble.”
Wednesday, March 30: Freedom of Association and Public Assembly
Read pp. 332-336 and pp. 344-357, including:
Keyishian v. New York Board of Regents (1967), p. 344
NAACP v. Alabama (1958), p. 346
Roberts v. United States Jaycees (1984), p. 348
Boy Scouts of America v. James Dale (2000), p. 352
Hurley v. Irish-American G, L, and B (1995), p. 355.
The Second Amendment and the Right to Bear Arms
“A well regulated Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.”
Friday, April 1: The Right to Bear Arms
Read pp. 60-74, including:
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District of Columbia v. Heller (2008), p. 61
McDonald v. Chicago, 561 U.S. 742 (2010)—to be provided.
Monday, April 4:
Oral argument in District of Columbia v. Heller, 554 U.S. 570 (2008), appealing the D.C. Circuit’s
decision in Parker v. District of Columbia, 478 F.3d 370 (2007).
The Fourth Amendment and Rights of the Accused
“The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.”
Wednesday, April 6 and Friday, April 8: The Exclusionary Rule
Read pp. 361-367, pp. 373- 384, and pp. 410-431, including:
Wolf v. Colorado (1949), p. 373 (text at p. 44)
Mapp v. Ohio (1961), p. 374 (text at p. 46)
Warden, Maryland Penitentiary v. Hayden (1967), p. 375
Safford Unified School District #1 v. Redding (2009), p. 379
Illinois v. Gates (1983), p. 414
United States v. Leon (1984), p. 419
Georgia v. Randolph (2006), p. 410
New York v. Harris (1990), p. 424
Florida v. Bostick (1991), p. 428.
Monday, April 11, Wednesday, April 13, and Friday, April 15: Exceptions to the Warrant Requirement
Read pp. 367-372, pp. 384-409, and pp. 688-692, including:
Terry v. Ohio (1968), p. 391
Chimel v. California (1969), p. 395
Pennsylvania v. Mimms (1977), p. 399
Whren v. United States (1996), p. 402
United States v. Mendenhall (1980), p. 405
Olmstead v. United States (1928), p. 688
Katz v. United States (1967), p. 384
Kyllo v. United States (2001), p. 387.
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Monday, April 18:
Oral argument in Rodriguez v. United States, 135 S.Ct. 1609 (2015), appealing the 8th Circuit’s
decision in 741 F.3d 905 (8th Cir. 2014).
Wednesday, April 20: Excessive Use of Force
Read pp. 452-467, including:
Tennessee v. Garner (1985), p. 456
Graham v. Connor (1989), p. 460
Hudson v. McMillian (1992), p. 462.
The Fifth Amendment and Rights of a Defendant
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury . . . nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty, or property, without due
process of law. . . .”
Friday, April 22 and Monday, April 25: Criminal Due Process
Read pp. 431-442 and pp. 446-448, including:
Escobedo v. Illinois (1964), p. 446
Miranda v. Arizona (1966), p. 434
New York v. Quarles (1984), p. 438
Schmerber v. California (1966), p. 440.
The Sixth Amendment and Rights of a Defendant
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall have been
committed . . . and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have Assistance of Counsel for his defense.”
Wednesday, April 27 and Friday, April 29: Trial by Jury and Assistance of Counsel
Read pp. 443-445 and pp. 448-452, including:
Powell v. Alabama (1932), p. 41
Gideon v. Wainwright (1963), p. 445 (referring to p.43)
Batson v. Kentucky (1986), p. 448.
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The Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.”
Monday, May 2 and Wednesday, May 4: Cruel and Unusual Punishment
Read: pp. 468-499 and pp. 504-523, including:
Furman v. Georgia (1972), p. 473
Gregg v. Georgia (1976), p. 487
Coker v. Georgia (1977) p. 491
McCleskey v. Kemp (1987) p. 494
Atkins v. Virginia (2002), p. 504
Roper v. Simmons (2005), p. 509
Rummel v. Estelle (1980), p. 513
Harmeline v. Michigan (1991), p. 517
Hurst v. Florida (2016)—to be provided.
Friday, May 6: Review for Final Exam

Graduate student papers due.
Monday, May 9: Final Exam at 10:00 a.m.
Course Structure
As in law school, we will employ the case method of study, reading excerpts from Supreme Court
cases and analyzing them in class using the Socratic method—a back-and-forth dialogue between the
instructor and the students designed to illuminate the key issues of law in each case, their broader
significance, and their possible application. Toward that end, students are expected to brief each of the
assigned cases in advance of class (noting the litigants, the factual background, the legal issues raised, and
the ruling by the court) and be prepared to answer questions about the cases in class.
Assessment
Class Assignments, Attendance, and Participation (20 percent)
Class attendance and participation are very important. You are expected to attend each session and
to come to class prepared to discuss the assigned readings. The instructor will additionally give
assignments throughout the semester.
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Oral Argument and Bench Memorandum (20 percent)
Each student will be expected to participate as either an attorney or a Supreme Court Justice in an
oral argument for a case previously decided by the Supreme Court. Students will prepare in-class
presentations by reading the appellate decision issued in the case as well as the briefs (petitioner,
respondent, and amicus) filed with the Supreme Court. Students who are not assigned a speaking role in a
particular case will be asked to draft a bench memorandum in the case.
Midterm Examination (25 percent)
The midterm will be an in-class exam that covers materials from the first part of the course. We
will discuss the format of the midterm and have an opportunity for review in advance of the exam.
Final Exam (35 percent)
The final will be an in-class exam that is comprehensive in nature, covering material from the
entire semester. We will discuss the format of the final and have an opportunity for review in advance of
the exam.
Graduate Student Credit
Graduate students are expected to complete all of the requirements of this course, as well as to
write a 15 to 20-page judicial opinion in a case to be assigned by the instructor.
Academic Honesty and Student Rights
Academic honesty is expected of all WIU students; cheating and plagiarism will not be tolerated.
All violations of the academic integrity policy will be reported to the Council on Admission, Graduation,
and Academic Standards or to the Graduate Council. The University’s academic integrity policy is set
forth at http://www.wiu.edu/policies/acintegrity.php and a more complete statement of student rights and
responsibilities can be found at http://www.wiu.edu/provost/students.php.
Campus Resources for Student Support
In accordance with University values and disability law, students with disabilities may request
academic accommodations where there are aspects of a course that result in barriers to inclusion or
accurate assessment of achievement. To file an official request for disability-related accommodations,
please contact the Disability Resource Center at (309) 298-2512, disability@wiu.edu, or 143 Memorial
Hall. Please notify the instructor as soon as possible to ensure that this course is accessible to you in a
timely manner.
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