Civil Liberties
POLI 312A: Fall 2010
Professor Todd C. Peppers
Department of Public Affairs
Roanoke College
Office: West Hall 212
Classroom: West Hall 210
E-mail: peppers@roanoke.edu
Phone: (540) 375-2417
Office Hours: Wed., 10-12
“I believe there are more instances of the abridgment of the freedom of the people by gradual
and silent encroachments of those in power than by violent and sudden usurpations.”
~ James Madison
Introduction
The Supreme Court of the United States makes important national policy decisions through
its interpretation of the Constitution and the Bill of Rights. This course examines judicial decisionmaking by the Supreme Court in the area of civil liberties. Through our readings of cases we will
examine the decisions of the High Court, the legal and extra-legal factors that shaped those
decisions, and the impact the decisions have had on subsequent civil liberties cases. By the end of
the semester, students will have learned how to read and analysis Supreme Court decisions, will
have developed a more sophisticated appreciation of how lawyers and justices interpret the
Constitution and decide cases, and will have formed their own opinions on what the Constitution
means and what role the Supreme Court should play in the political process.
In any era, the study of the fundamental freedoms and rights guaranteed to the citizens of the
United States should be an important topic of study. In this age of terrorism and fears of
governmental infringements on American’s basic liberties, however, I suggest that the study of civil
liberties takes on added importance. Throughout the semester, we will return again and again to
such basic questions as whether we truly live in a “free” society and what rights, if any, you are
willing to sacrifice in order to maintain social order and personal safety.
This semester, we will have the rare opportunity to tour the United States Supreme Court
and attend oral argument. We will leave on the evening of Tuesday, November 2 and spent the day
at the Supreme Court on Wednesday, November 3. Please mark this date on your calendar now
and make all necessary steps to clear your academic, work and personal schedules. The trip will be
sponsored by Roanoke College’s Turk Pre-Law Program, and all costs (including transportation,
food and lodging) will be funded by the Pre-Law Program.
1
Readings
Lee Epstein and Thomas G. Walker. Constitutional Law for a Changing America:
Rights, Liberties and Justice (7th Edition) (CQ Press, 2009).
William H. Rehnquist. The Supreme Court (Vintage Press, 2002).
Anthony Lewis. Gideon’s Trumpet (Vintage Press, 1989).
Grading
Your final grade will be calculated as follows:
Class participation and attendance:
Case Brief & Presentation:
First Examination
Midterm Examination:
Final Examination:
10%
15%
15%
25%
35%
Case Briefs
During the semester, each student will be assigned one (1) case to present in class. The
student is required to read the full opinion of the case (not the abridged version in the text book), to
“brief” the case for discussion, and give a case presentation to the class using power point. Since the
Epstein and Walker text normally does not contain the full-text of the opinion, the student should
use Lexis/ Nexis Academic Universe to review the case. The class will begin with the student presenting
the relevant facts and holding of the case before the entire class is drawn into discussion and
analysis. The student assigned to “brief” and present the case will also turn in a written brief (no
longer than 2 pages).
When reading Supreme Court opinions, you will encounter unfamiliar terms and legal
concepts. Do not simply skip these terms and concepts — look them up so you can further enhance
your understanding of the case. It is not necessary to purchase a law dictionary, although Black’s
Law Dictionary is an excellent investment for a pre-law student. You can also look up terms and
concepts at the following web site: www.law.com.
Whether or not you are assigned to present on a case, you are expected to have read all cases
before class. While one student may be assigned to brief a specific case and participate in discussion
on a given day, you will be called upon to assist in the summary and analysis of the case. In short, be
prepared for every class period. I reserve the right to give “pop” quizzes to gauge whether students
are keeping up with the reading assignments.
2
Class Absences
Each student has two (2) unexcused absences this semester. You may use them without
having your class participation and attendance grade affected. All other absences must be excused
by the instructor or your participation and attendance grade will be lowered. Use your unexcused
absences wisely. If you are a member of an athletic team or other college club and know that you will
be missing class in the coming semester, please let me know immediately – I will be much more
willing to accommodate your absences if I am informed at the beginning of the semester.
Warning: excessive absences (three or more unexcused absences) will result in an “F”
on participation and could further result in you being dropped from the class at the discretion
of the instructor!!!
Disability Issues
If you are on record with the College’s Special Services as having special academic or physical
needs requiring accommodations, please discuss this with me as soon as possible. We need to
discuss your accommodations before they can be implemented. Also, please note that arrangements
for extended times on exams and testing in a semi-private setting must be made at least one week
before the exams. Your disability will be treated confidentially, of course, but I will need sufficient
warning to make the necessary arrangements. If you believe you are eligible for accommodations but
have not yet formally contacted Special Services, contact the Office of Academic Services (x2248).
Cell Phones, Pagers, Laptops, and Other Electronic Devices
Cell phones and pagers must be turned off prior to entering the classroom. The first time a
cell phone or pager rings during class (or you are caught using such a device), you will purchase
donuts and juice for the entire class; the second time, you will be excused from class and receive an
“F” that day for class participation. Of course, the use of any electronic device during a quiz or exam
is strictly prohibited. This includes Palm Pilots, Pocket PCs, and Blackberrys. Any use of such
devices during a quiz or exam will be considered a breach of academic integrity. Your use of a
laptop computer in my class is contingent upon you not abusing the privilege by checking e-mail,
playing videogames, surfing the Internet, etc. If you are caught using the laptop for activities other
than note taking, then you will not be allowed to use the laptop for the rest of the semester.
Academic Integrity
Cheating of any form or degree will not be tolerated. It is your responsibility to familiarize
yourself with Roanoke College’s Academic Integrity System which can be found in the Student
Handbook. Be sure to pay special attention to the discussion regarding plagiarism. It is your
responsibility to know the rules regarding Academic Integrity. To quote an old legal maxim,
“ignorance of the law is no excuse.”
3
Course Schedule
Week 1:
(Aug. 30-Sept. 3)
First class meeting: No assignment
Week 2:
(Sept. 6-10)
Introduction to the Supreme Court,
the Constitution, and the Bill of Rights
Rehnquist, The Supreme Court, Chapters 1, 12-15;
(E&W, pp. 10-21)
Week 3:
(Sept. 13-17)
(E&W, pp. 21-41)
Week 4:
(Sept. 20-24)
Incorporation of the Bill of Rights
(E&W, pp. 67-87)
Barron v. Baltimore
Hurtado v. California
Palko v. Connecticut
Duncan v. Louisiana
First Examination – Thursday, September 24
Week 5:
(Sept. 27-Oct. 1)
The Free Exercise Clause
(E&W, pp. 95-128)
Cantwell v. Connecticut
Sherbert v. Verner
Wisconsin v. Yoder
Employment Division, Department of Human Resources of
Oregon v. Smith
City of Boerne v. Flores
4
Week 6:
(Oct. 4-8)
The Establishment Clause
(E&W, pp. 129-192)
Everson v. Board of Education
Lemon v. Kurtzman
Agostini v. Felton
Zelman v. Simmons-Harris
Edwards v. Aguillard
School District of Abington Township v. Schempp
Lee v. Weisman
Van Orden v. Perry
Week 7:
(Oct. 11-15)
The Establishment Clause
(E&W, pp. 138-209)
Second Examination – Thursday, October 15
Week 8:
(Oct. 18-22)
FALL BREAK
Week 9:
(Oct. 25-29)
Free Speech
(E&W, pp. 193-225)
Schenck v. United States
Abrams v. United States
Gitlow v. New York
Dennis v. United States
Brandenburg v. Ohio
Week 10:
(Nov. 1-5)
Symbolic Speech and Speech in Public Forums
(E&W, pp. 226-248; 257-265)
United States v. O’Brien
Texas v. Johnson
Chaplinsky v. New Hampshire
Cohen v. California
Hill v. Colorado
Tinker v. Des Moines
5
Week 11:
(Nov. 8-12)
Hate Speech
(E&W, pp. 248-257)
R.A.V. v. City of St. Paul, Minnesota
Wisconsin v. Mitchell
The Right Not to Speak
(E&W, pp. 265-274)
West Virginia State Board of Education v. Barnette
Rumsfeld v. Forum for Academic and Inst. Rights
Week 12:
(Nov. 15-19)
The Right to Privacy: Origins and Reproductive Freedom
(E&W, pp. 386-418)
Griswold v. Connecticut
Roe v. Wade
Planned Parenthood v. Casey
The Right to Privacy: Other Contexts
(E&W, pp. 418-429)
Lawrence v. Texas
The Right to Privacy: The “Right to Die”
(E&W, pp. 429-437)
Cruzan v. Director, Missouri Dept. of Health
Week 13:
(Nov. 22-26)
Attorneys, Trials and Punishments: The Right To
Not Self-Incriminate and the Right to Counsel
(E&W, pp. 497-529); Gideon’s Trumpet
Escobedo v. Illinois
Miranda v. Arizona
Missouri v. Seibert
Powell v. Alabama
Gideon v. Wainwright
6
Week 14
(Nov. 29-Dec. 3)
Attorneys, Trials and Punishments: The Eighth Amendment
(E&W, pp. 550-562)
Gregg v. Georgia
Atkins v. Virginia
Roper v. Simmons (handout)
Week 15
(Dec. 6-10)
The Second Amendment
(E&W, pp. 374-383)
District of Columbia v. Heller
McDonald v. Chicago (handout)
TAKE HOME FINAL EXAM: Will be distributed on Thursday, December 10 and must be
turned in by Thursday, December 17 at noon.
7