Government: Class Notes, Week 15, pt. 2 12/11/12 Highland Hall Waldorf School GOVERNMENT Fall 2012 Lecture 15, Part 2 Dec. 11, 2012 Re: Bill of Rights Assignment 1 B of R Assignment: Summarizing Supreme Court Cases • Go beyond summarizing what's in Menez & Vile book, or a website summary. • Read, at least, case Syllabus, if exists. –Per Curiam decisions issue no syllabus; instead, read, at least, (part of) Majority Opinion--& good to read (part of) any dissent(s). EX from last week: Boy Scouts of America et al. v. Dale: 2 EX from last week: Boy Scouts of America et al. v. Dale (2000) http://www.law.cornell.edu/supremecourt/text/99-699 • Syllabus: 3 pages • Opinion: 21 pages • Dissent # 1 (Stevens): 40 pages • Dissent # 2 (Souter): 3 pages Length of Opinions, Dissents, etc. can vary a lot, by case. 3 1 Government: Class Notes, Week 15, pt. 2 12/11/12 Homework, B of R: EX by Dan • Case: De Jonge v. Oregon (1937) • Rights at issue: Free speech (1st Am.), peaceable assembly (1st Am.), & due process of law (14th Am.). • The case: Dirk De Jonge helped to run a meeting of the Communist Party. De Jonge was convicted 4 De Jonge v. Oregon under Oregon anti-criminal syndicalism law. • 7-year sentence. De Jonge sued in Oregon court, claiming no unlawful conduct at meeting. Lost. Appealed to Ore. Supreme Ct., w/c affirmed lower court (i.e., he lost). Appealed to US Supreme Ct. Finding: Reversed Ore. Supr. Ct., on 8-0 vote. • De Jonge has free-speech, 5 De Jonge v. Oregon free-association rights (1st Am.) -- incorporated by 14th. Am.'s right to due process of law. "His sole offense as charged [& convicted]...was that he had assisted in the conduct of a public meeting, albeit otherwise lawful, which was held under the auspices of the Communist Party." While Communist Party advocates change of gov't., this particular meeting did not advocate violence, & so 6 2 Government: Class Notes, Week 15, pt. 2 12/11/12 De Jonge v. Oregon does not violate Oregon's law against criminal syndicalism. (Case was first to incorporate 1st Amdt's freedom of assembly right to states via 14th Am.) 7 3