MARQUETTE UNIVERSITY
Political Science 136
Fall, 2004
Dr. Christopher
Wolfe Class: MW 3:50-5:05 Office: WWP 458 Phone: 288‑6841
Email: christopher.wolfe@marquette.edu
Office Hours: MWF 9:20-9:55, MW
2:00-3:45, Th
3:00- 3:45
COURSE
OBJECTIVES: Using
certain constitutional law cases as a starting point, we will examine and
discuss competing philosophical grounds for free speech. In the first section of the course, we will
look at the original intention of the framers of the First Amendment and early
debates about it, and then turn to various "seditious speech" cases
(especially those involving speech advocating forcible overthrow of government
or lawbreaking). We will then carefully read and discuss John Stuart Mill's On
Liberty, especially chapter 2 "Freedom of Thought and
Discussion." In the second section of the course, we will review Supreme
Court obscenity cases and then study Harry Clor's Obscenity
and Public Morality. Throughout the
semester, we will refer frequently to the broad question of the relationship
between truth and freedom (considering it from philosophical and theological
perspectives).
One
cautionary note: unlike my other courses, this course will not be committed in
principle to finishing a particular agenda of study, but will rather move at
the pace of our own study and discussion.
The schedule given below is therefore very tentative and subject to
continual revision‑‑we may get through it all, or only a part of
it.
EVALUATION:
1. Regular writing assignments: approximately
four (4) short (3-4 page) reflection papers; there will be an opportunity to
write second drafts to improve the writing (and, thereby, the grade) - (1/2 of
the final grade)
2. In weeks without assigned papers, 3-4
questions on the reading should be emailed to me by noon on Monday - S/U
(failure to submit or unsatisfactory submissions will be factored into the
class participation grade)
3. A final exam ‑
(1/2 of the final grade)
4. Class participation (including 1-2
class presentations on the reading assignments) - up to +/- one letter grade
level
READINGS:
selected Supreme Court cases [these are
available on the Marqcat website: click on AJournal
Articles, Databases, and Other E-Resources@, then (in the
alphabetical list of disciplines) Law, then Lexis-Nexis Academic Universe, then
Legal Research, then Get a Case--typing in the name of the parties to the
case.]
[Note: All of
the following are on electronic library reserve, except for the two Clor books, copies of which are on library reserve]
Sir William
Blackstone, on Liberty of the Press
Harry Clor (1), Obscenity and Public Morality
Harry Clor (2), Public Morality and Liberal Society
Harry Clor (3), AHow Much Legal Regulation of Obscenity: A
Reply to David Lowenthal@
Robert George, Making
Men Moral, chapter 7
Leonard Levy,
Preface to Emergence of a Free Press
David Lowenthal
(1), Present Dangers, chap. 2 AInterpreting the First Amendment@
(pp. 8-28)
David Lowenthal (2), AObscenity and the Law@
(excerpt reviewing Clor)
James Madison, The Virginia Resolutions of 1798
John Marshall,
excerpt from address responding to the Virginia Resolutions of 1798
John Stuart Mill, On Liberty,
chaps. 1-2 [online at Bartleby.com, through the Marqcat
menu: Under AJohn Stuart Mill@
entry #77 On Liberty]
Frederick Schauer Free Speech: A
Philosophical Enquiry - chapters 4-5
two more articles (tba)
(TENTATIVE) ASSIGNMENTS: Note that the following is approximate,
and may be changed as the semester progresses
Aug. 30 Introduction
Sept. 1 The Framers on Free Speech: Blackstone,
Madison, Marshall, Levy, Lowenthal (1)
6 NO CLASS
8 Free Speech cases: Schenck
v. U.S., Abrams v.U.S., Gitlow
v. N.Y.
13
Free Speech
cases: Whitney v. Calif., Masses v. Patten [244 Fed. 535 (1917)]
15
Free speech
cases: Dennis v. U.S., Brandenburg v.
Ohio
20
Free speech cases: New York Times v. Sullivan
22
John Stuart
Mill, On Liberty, chap. 2
27
Mill, chap. 2
29
Mill, chap. 2
Oct.
4 Mill,
chap. 2
6 Schauer Free
Speech
11
Schauer Free Speech
13 (catch-up/or tba)
18
(catch-up/or tba)
20
Clor, Obscenity and Public Morality, chap. 1
25
Obscenity cases: Roth v. U.S.‑Alberts v.
Calif., Memoirs v. Mass
27
Clor, OPM, chap. 2
Nov. 1 Obscenity cases: Ginzberg
v. U.S., Ginsberg v. N.Y., Stanley v. Ga.
3 Obscenity cases: Miller v. Calif., Paris
Adult v. Slaton
8 Amer. Booksellers v. Hudnut,
ACLU v. Reno
April 10
Clor, OPM, chap. 3
15
Clor, OPM, chap. 3
17
Clor, OPM, chap. 4
22
Clor, OPM, chap. 5
29
Clor, OPM, chap. 6
Dec. 1 Lowenthal
(2)-Clor (3) exchange
6 George, Making Men Moral
8 Conclusion
[Note:
chapters in Clor Obscenity and Public Morality
may be replaced or supplemented by chapters from Public Morality and Liberal
Society.]