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POLSC432: Civil Liberties and Civil Rights

Unit 3: Civil Liberties: Freedom of Expression   Freedom of speech, of the press, of association, and of assembly and petition are liberties protected by the First Amendment.  Together, these make up what we refer to as freedom of expression.  According to the Supreme Court, these liberties are indispensable to the functioning of democracy.  The material in the following unit will cover the history of these liberties both in the context of the framing of the Constitution and in their development in the courts across time.

Unit 3 Time Advisory
This unit will take you approximately 14.5 hours to complete.
☐    Subunit 3.1: 5 hours

☐    Subunit 3.1.1: 0.5 hours

☐    Subunit 3.1.2: 0.5 hours

☐    Subunit 3.1.3: 4 hours

☐    Subunit 3.2: 4 hours

☐    Subunit 3.3: 5.5 hours

☐    Subunit 3.3.1: 0.5 hours

☐    Subunit 3.3.2: 2 hours

☐    Subunit 3.3.3: 3 hours

Unit3 Learning Outcomes
Upon successful completion of this unit, the student will be able to:
- Discuss the historical context of free speech, a free press, freedom of association, and freedom of assembly. - Explain the constitutional framework and philosophy of the first amendment. - Analyze the landmark court cases that deal with free speech, a free press, freedom of association, and freedom of assembly.

3.1 Freedom of Speech   3.1.1 Historical Context   - Reading: America.gov: Melvin Urofsky’s “Freedom of Speech” Link: America.gov: Melvin Urofsky’s “Freedom of Speech” (HTML)
 
Instructions: Please read the webpage linked above in its entirety.  This reading provides background on the history of the freedom of speech in the United States.  This discussion includes many quotes from Supreme Court justices and political leaders.  This reading should take approximately 30 minutes to complete. 
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.1.2 The Bill of Rights and Speech   - Reading: ThisNation.com: Jonathan Mott’s “First Amendment: Speech” Link: ThisNation.com: Jonathan Mott’s “First Amendment: Speech” (HTML)
 
Instructions: Please read the webpage linked above in its entirety.  This reading provides important foundational information necessary to understand how the first amendment protects the freedom of speech.  This reading should take approximately 30 minutes to complete. 
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.1.3 Landmark Court Cases   3.1.3.1 Schenck v. United States   - Reading: PBS: Alex McBride’s “Schenck v. U.S. (1919)” Link: PBS: Alex McBride’s “Schenck v. U.S. (1919)” (HTML)
 
Instructions: Please read the text linked above in its entirety. Also read the links within the text. This reading provides a basic description of the case that lead to the famous “clear and present danger test” in free speech. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

  • Reading: Findlaw: The U.S. Supreme Court’s “Schenck v. United States Opinion” Link: Findlaw: The U.S. Supreme Court’s “Schenck v. United States Opinion” (HTML)
     
    Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
     
    Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.1.3.2 Gitlow v. New York   - Reading: Findlaw: The U.S. Supreme Court’s “Gitlow v. People of State of New York Opinion” Link: Findlaw: The U.S. Supreme Court’s “Gitlow v. People of State of New York Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.1.3.3 Texas v. Johnson   - Reading: Findlaw: The U.S. Supreme Court’s “Texas v. Johnson Opinion” Link: Findlaw: The U.S. Supreme Court’s “Texas v. Johnson Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.2 Freedom of the Press   3.2.1 Historical Context   - Reading: America.gov: Melvin Urofsky’s “Freedom of the Press” Link: America.gov: Melvin Urofsky’s “Freedom of the Press” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides background on the history of the freedom of the press in the United States. This discussion includes many quotes from Supreme Court justices and political leaders. This reading should take approximately 30 minutes to complete. 
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.2.2 The Bill of Rights and the Press   - Reading: TheFreeDictionary.com’s “Freedom of the Press” Link: TheFreeDictionary.com’s “Freedom of the Press” (HTML)
 
Instructions: Please read the webpage linked above in its entirety. This reading provides important foundational information necessary to understand how the first amendment protects the freedom of the press. This reading should take approximately 30 minutes to complete. 
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.2.3 Landmark Court Cases   3.2.3.1 Near v. State of Minnesota Ex Rel. Olson   - Reading: Findlaw: The U.S. Supreme Court’s “Near v. State of Minnesota Ex Rel. Olson Opinion” Link: Findlaw: The U.S. Supreme Court’s “Near v. State of Minnesota Ex Rel. Olson Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.2.3.2 New York Times v. United States   - Reading: Findlaw: The U.S. Supreme Court’s “New York Times v. United States Opinion” Link: Findlaw: The U.S. Supreme Court’s “New York Times v. United States Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.2.3.3 Hustler Magazine v. Falwell   - Reading: Findlaw: The U.S. Supreme Court’s “Hustler Magazine v. Falwell Opinion” Link: Findlaw: The U.S. Supreme Court’s “Hustler Magazine v. Falwell Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.3 Freedom of Assembly   3.3.1 Historical Context   - Reading: New World Encyclopedia’s “Freedom of Assembly” Link: New World Encyclopedia’s “Freedom of Assembly” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides background on the history of the freedom of assembly in the United States. This reading should take approximately 30 minutes to complete. 
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.3.2 The Bill of Rights and Assembly   - Reading: UCLA Law Review: Tabatha Abu El-Haj”s “The Neglected Right of Assembly” Link: UCLA Law Review: Tabatha Abu El-Haj”s “The Neglected Right of Assembly” (HTML)
 
Instructions: Click on the link above then click the “Download Article” link to download the PDF. Please read the article linked above in its entirety. This reading provides details on the constitutional foundations of the freedom of assembly in the United States. This reading should take approximately 2 hours to complete. 
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.3.3 Landmark Court Cases   3.3.3.1 Edwards v. South Carolina   - Reading: Findlaw: The U.S. Supreme Court’s “Edwards v. South Carolina Opinion” Link: Findlaw: The U.S. Supreme Court’s “Edwards v. South Carolina Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.3.3.2 Hudgens v. National Labor Relations Board   - Reading: Findlaw: The U.S. Supreme Court’s “Hudgens v. National Labor Relations Board Opinion” Link: Findlaw: The U.S. Supreme Court’s “Hudgens v. National Labor Relations Board Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.

3.3.3.3 Boos v. Barry   - Reading: Findlaw: The U.S. Supreme Court’s “Boos v. Barry Opinion” Link: Findlaw: The U.S. Supreme Court’s “Boos v. Barry Opinion” (HTML)
 
Instructions: Please read the text linked above in its entirety. This reading provides the official opinion of the court. This reading should take approximately 1 hour to complete.
 
Terms of Use: Please respect the copyright and terms of use displayed on the webpage above.