Government: Class Notes, Week 15, pt. 2 12/11/12 1

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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
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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: 
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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.
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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 
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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,
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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 
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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.)
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