Civil Liberties
POLI 312A
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
Off. Hr: M (11-12); TH (10-11:30)
“The Framers of the Bill of Rights did not purport to "create" rights. Rather, they
designed the Bill of Rights to prohibit our Government from infringing rights and
liberties presumed to be preexisting.”
~ Justice William J. Brennan
“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.
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.
The course goals or “learning outcomes” include the following: students will learn how to
read and analyze Supreme Court decisions, will develop a more sophisticated appreciation of how
lawyers and justices interpret the Constitution and decide cases, and will learn the fundamental
rights and freedoms contained in the Bill of Rights.
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Readings
Lee Epstein and Thomas G. Walker. Constitutional Law for a Changing America: Rights,
Liberties and Justice (8th Edition). CQ Press, 20012.
Todd C. Peppers and Laura Anderson. Anatomy of an Execution: The Life and
Death of Douglas Christopher Thomas (Northeastern University Press, 2009)
(on reserve).
Grading
Your final grade will be calculated as follows:
On-campus activities
Class participation:
Case Brief & Presentation:
First Examination
Midterm Examination:
Final Examination:
5%
10%
10%
15%
20%
40%
Grading scale
>93.0
>89.8
>86.6
>83.0
>79.8
>76.6
>73.0
>69.8
>66.6
>63.0
>59.8
<=59.8
A
AB+
B
BC+
C
CD+
D
DF
Class participation constitutes 10% of your final grade. While I do not have a class attendance
policy, note that my course lectures are designed to build upon, not repeat, the reading assignments,
and consistently missing class will deprive you of lectures and discussion that are critical to both
your understanding of the course and to success on examinations. I reserve the right to decide
whether students will be permitted to make up quizzes and examinations that are missed, and
under what conditions such a make-up quiz or examination will occur. The presumption is that
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students – absent compelling and documented medical circumstances – will not be allowed to
take make-up quizzes or examinations and will be awarded a “zero” for the assignment.
On-Campus Activities
During the semester, Roanoke College offers a variety of speakers and discussion groups related to
the study of judicial institutions and civil liberties as well as other topics of interest. These activities
are listed in a separate handout. Additional events may be added. You are required to attend two of
these events and then turn a one (1) page report to me by the next class meeting. No credit will be
given for reports turned in late. The report should both summarize the contents of the talk and
discuss your own opinions on what the speaker/discussant said.
Case Briefs
During the semester, each student will be assigned two cases to present in class. Additional
case briefs may be assigned late in the semester as a form of extra credit. The student is required to
read the full opinion of the case (not the abridged version in the text book) and to present the case
for discussion by using Powerpoint. The class will begin with the student and the professor
discussing the relevant facts and holding of the case before the entire class is drawn into discussion
and analysis. The student assigned to “brief” and discuss the case will also turn in a written brief
(no longer than two pages).
Additionally, 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. To
make sure that all students are reading the assigned cases, I reserve the right to give short “pop”
quizzes on the reading assignments. These quiz grades will be counted as part of your class
participation grade.
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. An additional handout will be provided regarding case
assignments, presentation dates, and my expectations for this exercise.
Academic Integrity
As a teacher, it is my responsibility to instill in my students a sense of personal honor and integrity.
Cheating and acts of academic dishonesty of any form or degree will not be tolerated. Please
familiarize yourself with Roanoke College’s Academic Integrity System which can be found in the
Student Handbook. It is your responsibility to know the rules regarding Academic Integrity. To
quote an old legal maxim, “ignorance of the law is no excuse.”
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Cell Phones, Pagers, Laptops, and Other Electronic Devices
Cell phones and pagers must be turned off prior to entering the classroom or lab. 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 Blackberries. Any use of such
devices during a quiz or exam will be considered a breach of academic integrity. You may not use
laptops in class.
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. In order to be considered for special services, students must identify themselves
to the Office of Special Services. Students are required to provide specific current documentation of
their disability. Reasonable accommodations may include but are not limited to the following:
extended time for tests and examinations, testing in a semi-private testing area, proctoring of
examinations, use of interpreters, assistive technology, audio recording of lectures, and/or student
note-takers. For additional information please contact Anne Smith, Special Services Coordinator, at
540-375-2247 or email asmith@roanoke.edu.
Course Schedule
Week 1 (Aug. 25-29):
Introduction to the course and the syllabus
Week 2 (Sept. 1-5):
Introduction to the American Judicial System, the Supreme
Court, the Constitution, and the Bill of Rights
Reading: E&W, Chapter 1 (10-43)
Week 3 (Sept. 8-12):
Opinion Writing at the Supreme Court
Reading: none
Assignment: reading/briefing a judicial opinion
Week 4 (Sept. 15-19):
Incorporation of the Bill of Rights
(E&W, pp. 66-86)
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Barron v. Baltimore
Hurtado v. California
Palko v. Connecticut
Duncan v. Louisiana
First Exam
Week 5 (Sept. 22-26):
The Free Exercise Clause
(E&W, pp. 93-128)
Cantwell v. Connecticut
Sherbert v. Verner
Wisconsin v. Yoder
Oregon v. Smith
City of Boerne v. Flores
Week 6 (Sept. 29-Oct. 3):
The Establishment Clause
(E&W, pp. 128-196)
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
Hosanna-Tabor v. EEOC
Week 7 (Oct. 6-10):
The Establishment Clause, continued
(E&W, pp. 128-196)
Second Examination
Week 8 (Oct. 13-17):
FALL BREAK
Week 9 (Oct. 20-24):
Free Speech
(E&W, pp. 197-230)
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Schenck v. United States
Abrams v. United States
Gitlow v. New York
Dennis v. United States
Brandenburg v. Ohio
Documentary: Hate.com
Week 10 (Oct. 27-31)
Symbolic Speech & Public Forums
(E&W, pp. 230-255; 264-277)
United States v. O’Brien
Texas v. Johnson
Chaplinsky v. New Hampshire
Cohen v. California
Hill v. Colorado
Tinker v. Des Moines
Morse v. Frederick
West Virginia v. Barnette
Week 11 (Nov. 3-7):
The Eighth Amendment
(E&W, pp. 573-596)
Gregg v. Georgia
Atkins v. Virginia
Roper v. Simmons (handout)
Documentary: Anatomy of an Execution
Week 12 (Nov. 10-14):
The Right to Counsel
(E&W, pp. 540-551)
Powell v. Alabama
Gideon v. Wainwright
Documentary: Gideon’s Army
Week 13 (Nov. 17-21):
The Right to Privacy
(E&W, pp. 397-454)
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Griswold v. Connecticut
Roe v. Wade
Planned Parenthood v. Casey
Lawrence v. Texas
Cruzan v. Director, Miss. Dept. of Health
Week 14 (Nov. 24-28):
Thanksgiving
Week 15 (Dec. 3-7):
Equal Protection Clause/Gay Marriage
Bostic v. Schaeffer (4th Cir. 2014)
http://www.scribd.com/doc/235295339/4th-Circuit-Ruling
Documentary: The Loving Story
FINAL EXAM:
December 10
.
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