PSC 4283: Civil Rights & Civil Liberties
University of Oklahoma
Spring 2014
Mon. & Wed. 3:00-4:15
Dale Hall 104
Prof. Justin Wert
228 Dale Hall Tower
jwert@ou.edu
Overview:
This course examines Supreme Court decisions concerning the development of the 1st, 4th, 5th, 6th,
8th, and 14th Amendments to the United States Constitution. We will look specifically at
establishment and free exercise; free speech, including obscene speech; 4th Amendment guarantees
against unreasonable searches and seizures; the 5th Amendment right against self-incrimination; 8th
Amendment prohibitions against cruel and usual punishment; as well as related cases that have
recognized rights of historically marginalized groups in United States history, including AfricanAmericans, women, and sexual minorities through these Amendments.
Particular attention will be paid to how the Supreme Court has developed arguments which have
expanded and contracted “rights” and “liberties.” We will also pay close attention to larger political
contexts apart from court decisions that contribute to the overall development of “civil rights and
civil liberties” in the United States.
Requirements:
There will be two (2) in-class examinations: a Midterm examination on Wednesday, February 12
and a Final examination on Monday, May 5. There is also a 10 page “Hypothetical” paper (due
on Wednesday, April 9). The two in-class exams, as well as the paper, are each worth 30% of your
final grade. Class participation is worth 10% of your final grade.
Reasonable Accommodation:
Any student in this course who has a disability that may prevent him or her from fully
demonstrating his or her abilities should contact me personally as soon as possible so we can discuss
accommodations necessary to ensure full participation and facilitate your educational opportunities.
Books:
 David M. O’Brien, Constitutional Law and Politics: Civil Rights and Civil Liberties 8th ed. (New
York: W.W. Norton, 2011) [CR-CL]
 David M. O’Brien, Constitutional Law and Politics: Civil Rights and Civil Liberties, 2013
Supreme Court Watch Supplement
COURSE SCHEDULE
2
WEEK 1 (Jan. 13 & 15)
Judicial Review and “Civil Rights & Civil Liberties”
 Constitution (entire)
O’Brien [CR-CL] Ch. 1, Part A,B,C

Cases
 Lochner v. New York (CR-CL, 281-287)
WEEK 2 (Jan. 20 & 22)
Incorporation of The Bill of Rights

O’Brien [CR-CL] Ch. 4, Part A
Cases
 Barron v. Baltimore
 Hurtado v. California
 Palko v. Connecticut
 Adamson v. California
 Rochin v. California
 McDonald v. City of Chicago
WEEK 3 (Jan. 27 & 29)
The 1 Amendment: Establishment
st

O’Brien [CR-CL] Ch. 6, Part A
Cases
(Establishment)
 Everson v. Board of Education
 Engel v. Vitale
 Abington School District v. Schempp
 Lemon v. Kurtzman
 Wallace v. Jaffree
 Lee v. Weisman
 Van Orden v. Perry
 McCreary County v. ACLU of Kentucky
3
WEEK 4 (Feb. 3 & 5)
The 1st Amendment, cont: Free Exercise

O’Brien [CR-CL] Ch. 6, Part B
Cases
(Free Exercise)
 Sherbert v. Verner
 Wisconsin v. Yoder
 Employment Division, Department of Human Resources of Oregon v. Smith
 Church of Lukumi Babalu Aye v. City of Hialeah
 City of Boerne v. Flores
 Locke v. Davey

WEEK 5 (Feb. 10 & 12)
 Monday: Midterm Review
Wednesday: Midterm Examination
WEEK 6 (Feb. 17 & 19)
1st Amendment: Expression & Obscenity/ Pornography
 O’Brien [CR-CL] Ch.5, Parts A, B,& H
Cases
(Freedom of Expression)
 Schenk v. United States
 Gitlow v. People of the State of New York
 Dennis v. United States
 Brandenburg v. Ohio
(Pornography & Obscenity)
 Roth v. United States
 Miller v. California
 Paris Adult Theatre v. Slaton
 City of Erie v. Pap’s A.M.
(Symbolic Speech & Speech Plus Conduct)
 Tinker v. Des Moines
 US v. O’Brien
 Morse v. Frederick
4
WEEK 7 (Feb. 24 & 26)
The 4 Amendment: Searches and Seizures
th
 O’Brien [CR-CL] Ch. 7, Parts A & B
Cases
 Chimel v. California
 Arizona v. Hicks
(Exceptions to the Warrant)
 Terry v. Ohio
 Illinois v. Wardlow
 Bond v. United States
 Minnesota v. Dickerson
 United States v. Santana
WEEK 8 (Mar. 3 & 5)
4th Amendment: Searches & Seizures (cont.) & Wiretapping

O’Brien [CR-CL] Ch.7 (C & E)
Cases
(Automobiles & Warrants)
 Illinois v. Lidster
 California v. Acevedo
 Knowles v. Iowa
(Wiretapping, Bugging, and Surveillance)
 Olmstead v. United States
 Katz v. United States
 California v. Ciraolo
 Minnesota v. Carter
 Kyllo v. United States
5
WEEK 9 (Mar. 10 & 12)
4th Amendment III: The Exclusionary Rule

O’Brien [CR-CL] Ch.7 (F)
Cases
(Exclusionary Rule)
 Mapp v. Ohio
 Nix v. Williams
 United States v. Leon & Massachusetts v. Sheppard
 Arizona v. Evans
Week 10 Spring Break: No Class
WEEK 11 (Mar. 24 & Mar. 26)
5th Amendment & Self-Incrimination

O’Brien [CR-CL] Ch. 8, Part A
Cases
 Miranda v. Arizona
 In re Gault
 Rhode Island v. Innis
 Duckworth v. Eagan
 Arizona v. Fulminante
 Dickerson v. United States
 Missouri v. Seibert
 Berghuis v. Thompkins
WEEK 12 (Mar. 31 & April 2)
8 Amendment: Cruel & Unusual Punishment
th

O’Brien [CR-CL] Ch. 10, Part B
Cases
 Furman v. Georgia et al.
 Lockett v. Ohio
 McCleskey v. Kemp
 Atkins v. Virginia
 Roper v. Simmons
WEEK 13 (Apr. 7 & 9)
6
The “Right” to Privacy
 O’Brien [CR-CL] Ch. 11, Part A & B
 Hypothetical due Friday April 9
Cases
 Buck v. Bell
 Griswold v. Connecticut (336-347)
 Roe v. Wade
 Planned Parenthood v. Casey
 Lawrence v. Texas
 Cruzan by Cruzan v. Missouri Department of Health
 Washington v. Glucksberg, Vaco v. Quill
WEEK 14 (Apr. 14 & 16)
School Desegregation & Racial Discrimination
 O’Brien, Ch. 12, Part B
Cases
 Brown v. Board of Education of Topeka
 Cooper v. Aaron
 Swann v. Charlotte-Mecklenberg Board of Education
 Milliken v. Bradley
 Parents Involved in Community Schools v. Seattle School District No. 1
WEEK 15 (Apr. 21 & 23)
Affirmative Action
 O’Brien [CR-CL] Ch, 12, Part C
Cases
 Regents of the University of California v. Bakke
 City of Richmond v. Croson
 Adarand Constructors, Inc. v. Pena
 Gratz v. Bollinger; Grutter v. Bollinger
 Parents Involved in Community Schools v. Seattle School District No. 1
7
WEEK 16 (Apr. 28 & 30)
Non-Racial Classifications: Gender & Sexual Orientation

O’Brien [CR-CL] Ch. 12, Part D
Cases
 Muller v. Oregon
 Frontiero v. Richardson
 Craig v. Boren
 Michael M. v. Superior Court of Sonoma County
 United States v. Virginia
 Bowers v. Hardwick
 Lawrence v. Texas
 US v. Windsor