Freedom of Expression®

HON 251 -- Fall 2008

MW 3:30-4:45 p.m. | Laughlin 102 (and other places)

Professor: Dr. Brian Carroll
Office:
LAU 100
Office phone:
706.368.6944
Office hours:
MWF 9-12, F 2-3 pm
email: bc at berry.edu
(not bdcarroll@berry)
Web:
www.cubanxgiants.com
bc's blog: Wandering Rocks

Lose your syllabus? Download another one, no extra charge

Case abstract example | BerryLaw blog | U.S. Supreme Court blog

>>Course <<
(it's tentative, so go with the flow)

Class session
Topics & Software
Texts, Readings, Resources
Week 1: 8/25-8/27
Introduction to the course | Syllabus | meeting places | Introduction to the Constitution, the Bill of Rights and the First Amendment | Diagnostic Quiz

Read: Lewis: Introduction (due Wed.)

Familiarize yourself with the prof's law blog

Week 2: 9/1 - 9/3

Historical origins of the First Amendment | Seditious libel | evolution of USSC awareness, support of the First

No class Monday: Labor Day
Meet Wednesday in the Valhalla atrium behind the Bean(e)ry.

Read: Lewis: Chapters 1-3 (due Wed.)

Due Tuesday night (Sept. 2):
Blog comment

Cases:
Barron v. Baltimore | Schenck v. U.S. | Abrams v. U.S.

Week 3: 9/8-9/10

Monday: Tutorial leader and special guest, Dr. Michael Papazian. Topic: The nature of law? What is law? Philosophies of law -- Meet in Ford living room

Wednesday: USSC video | wrap up nature of law Discuss FIP project & ideas-- Meet in LAU 102 (classroom)

Lunch with the professor: Tuesday & Thursday

Read: The Nature of Law (for our time with Dr. Papazian Monday) and Areopagitica by John Milton (for Wednesday, .pdf download)

Need FIP ideas? Download the Media Reform Action Guide; Visit BerryLaw blog; Visit Opposing Views

FIP instructions (Word .doc download)

Week 4: 9/15-9/17

Monday: Defining Freedom (ch. 4) -- Meet in Honors Suite in the basement of Memorial Library

Wednesday: Finish emergence of First, end of seditious libel (ch. 4) -- Meet in LAU 102

Public Lecture No. 1: Kembrew McLeod
"To Quote or Not to Quote: Resistance and Repression in the Age of Intellectual Property"
Thursday, Sept. 18, 7 p.m., Science Auditorium

U.S. Constitution Day Panel & Discussion
Wednesday, Sept. 17, 6 p.m., Evans Auditorium
Organized by the Government Department

SEE:Thushy's IMPACT link to resources for student activism
NEW: Westlaw dbase; good stuff under "LEGAL" tab
ENTER: Democracy Video Challenge from the US State Dept.

Read: Lewis: Chapter 4
View: the actionable Times ad
; Privacy (Powerpoint pres.); Kembrew's short documentary on copyright

Due Wednesday, Sept. 17: FIP proposals. Typed up, printed out and turned in (no email).

Cases for the week:
Stromberg v. California
Whitney v. California
Gilbert v. Minnesota
Gitlow v. New York
Near v. Minnesota
New York Times v. Sullivan

Week 5: 9/22-9/24

Privacy| Freedom of the Press | Censorship -- Meet in Krannert's faculty lounge conference room

Break down Kembrew's talk on IP

Read: Lewis, chapter 5

Due Wednesday, Sept. 24: FIP proposal re-submits. Typed up, printed out and turned in (no email).

Week 6: 9/29

Shield law and freedom of the press -- Meet in Krannert's faculty lounge conference room

No class Wednesday: BC in Seattle

Read: Lewis, chapter 6; CQ on federal shield law (pps. 1-15); New Yorker (Toobin)
Surf:
Legal Guide for Bloggers

Read: Three Principles of Academic Honesty (Word .doc)
View: Plagiarism tutorial

Week 7: 10/6-10/8

Finishing Lewis: Thoughts we hate & balancing interests -- Meet in Krannert's faculty lounge conference room

Expression on the college campus: A mock trial! -- Meet in LAU 102 (for our trial)

Just for funsies

Read: Lewis, chapters 9-12

  • Due Sunday, Oct. 5: Response or comment to WanderingRocks post on "the Constitution we deserve"
  • Due Monday, Oct. 6: First case abstract. No outside sources allowed; no Googling. Typed up, printed out and turned in (no email).
Week 8: 10/15

No Class Monday: Fall Break

Wednesday: Online database research tutorial with special guest Xiaojing Zu | Intellectual property, art & culture -- Meet in the library foyer/entranceway

Surf: Lexis Nexis Legal & Westlaw Campus using your research/FIP topics

Due Wednesday, Oct. 15: First case abstract. No outside sources allowed; no Googling. Typed up, printed out and turned in, with honor pledge (no email).

Week 9: 10/20-10/22

Monday: Establishment Clause | Separation of Church & State -- Meet in Krannert's faculty lounge conference room

Wednesday: Tutorial leader & special guest: Dr. David McKenzie, pastor, gentleman, scholar and teacher -- Meet in Krannert's faculty lounge conference room

Public Lecture No. 2: John Witte, Jr.
"Separation of Church & State in American History and Today: Facts, Fictions & Future Challenges"
Thursday, Oct. 23, 4 p.m., Ford Living Room

Read for Monday: Introduction to Establishment Clause (and six subsidiary topics pages linked near the bottom, left side)

Read for Wednesday (for quiz): 1. Madison's "Memorial and Remonstrance Against Religious Assessments"; 2. Jefferson's Virginia Bill for Religious Freedom in Virginia; 3. John F. Kennedy's Address to Greater Houston Ministerial Association

Week 10: 10/27-10/31

Monday: Discuss Witte; freedom of religion issues and tensions -- Meet in LAU 102

Wednesday: Finish Establishment Clause | Free Exercise Clause | Separation of Church & State | Litigate Pleasant Grove City v. Summum -- Meet in LAU 102

Due Wednesday, Oct. 29: Completed FIP projects, including report & artifacts (double-spaced, 12-pt type, no email)

Read for Wednesday: Pleasant Grove City v. Summum background

Week 11: 11/3-11/5

Monday: Freedom of Information Act, Gathering Information, Sunshine and Access -- Meet in seminar room, second floor, Memorial Library

Wednesday FOIA Sunshine and Access -- Meet in seminar room, second floor, Memorial Library

Sample paper topic submission (1) (Word .doc)
Sample paper topic submission (2) (Word .doc)

Read: Georgia Sunshine Laws; Freedom of Information Act | How to File a FOIA Request | How to use FOIA (.pdf download) | Study on FOIA exemptions (.pdf download)

Surf: Searching public records

Due Monday, Nov. 3: Wandering Rocks blog post AND second case abstract. No outside sources allowed; no Googling. Typed up, printed out and turned in (no email).

Due Wednesday, Nov. 5: Research paper proposals. Typed up, printed out and turned in (no email).

Week 12: 11/10-11/12 Resistance & Represssion in the Age of Intellectual Property -- Monday meet in LAU 102

Preparing for Chief Justice Fletcher

Public Lecture No. 3: Norman Fletcher
"The First Under Fire: Contemporary Challenges to the First Amendment"
>>Thursday, Nov. 13, 7 p.m., Science Auditorium

Sample law paper bibliography (need at least 5 peer-reviewed or refereed law review/journal articles)

Read for Monday: McCleod, Foreward, Introduction, Chapter 1

Read for Wednesday: McCleod, Chapters 2, 3; BC's column on "orphan" works

To help you: Tips for "A" research papers (.doc download)

Due Wednesday, Nov. 12: Research paper bibliographies. Typed up, printed out and turned in (no email). >>NOW OPTIONAL!

Week 13: 11/17-11/19

IP & the law break down Fletcher -- Meet in seminar room, second floor, Memorial Library both Monday and Wednesday

Cake!

Culture, Inc.

Sample rough paper outline 1 (Word .doc)
Sample rough paper outline 2 (Word .doc)

Tips for better papers (Word .doc)

Read: McCleod, Chapter 2-4

Due Wednesday, Nov. 19: Research paper outlines (rough). Typed up, printed out and turned in (no email). >>NOW OPTIONAL!

Week 14: 11/24-11/26

Finish McLeod, IP and freedom of expression

No class Wednesday: Thanksgiving

Read: McCleod, Chapter 5, 6, afterward
Week 15: 12/1-12/3

Brief project/paper/issue presentations


Sample paper 1 (Word .doc)
Sample paper 2 (Word .doc)
Paper checklist (Word .doc)

Wrapping up

Due Wednesday, Dec. 1: Research papers. 10 pages; Times New Roman 12-point; double-spaced. Printed out and turned in (no email).

pepp patty

keep your eyes on the prize!


Course Description: Freedom of Expression® (HON 251) examines the origins and uniqueness historically of the First Amendment, the evolution in interpretations of its freedoms over time, and the contemporary challenges to one of the United States’ most basic laws. These challenges include technological change, a seemingly endless war, religious influence in the political sphere, and, as Neil Postman persuasively argued, the ignorance that results from a society’s members “amusing ourselves to death.”

Course Purpose & Objectives: By the end of this course, my goal is for students to demonstrate an understanding and appreciation of the:

  • First Amendment and its role in society
  • legal and philosophical principles underlying the freedom of expression
  • scope and applicability of the First Amendment "free speech" clause, including freedom of expression on the Internet
  • lawful limits on freedom of expression
  • tensions in society, law and policy that challenge the First Amendment’s vitality
  • importance of research for adding new knowledge, and an ability to employ a variety of research techniques for analysis and interpretation

What you will need (required):

  • Kembrew McLeod, Freedom of Expression®: Overzealous Copyright Bozos and Other Enemies of Creativity (Doubleday, 2005)
  • Anthony Lewis, Freedom for the Thought We Hate: A Biography of the First Amendment (Basic Books, 2007)
  • What you may want (recommended but not required):

  • Black’s Law Dictionary
  • Christianity and American Democracy, Hugh Heclo
  • Freedom of Speech in the United States, Thomas L. Tedford & Dale A. Herbeck
  • Free Speech on Trial: Communication Perspectives on Landmark Supreme Court Decisions, Richard A. Parker (ed.)
  • Religious Freedom and the Constitution, Christopher Eisgruber & Lawrence G. Sager
  • Restoring Free Speech and Liberty on Campus, Donald Alexander Brown
  • Taking on the Pledge of Allegiance, Ronald Bishop

      Stuff you need to know:

      Professor: Dr. Brian Carroll
      Office: Laughlin Hall 100
      Office phone: 368.6944 (anytime)
      E-mail: bc@berry.edu (not bcarroll or bdcarroll)
      Home page: www.cubanxgiants.com
      Blog: Wandering Rocks

      Policies

      • Attendance: Attendance is a part of your grade. Be here every day on time, just as you would for a job, surgery or even a haircut. Everyone gets one unexcused absence >> no questions asked. Stuff happens. After that, unexcused absences will result in deductions from the "professionalism and participation" portion of your grade -- one point for each unexcused absence and/or lateness to class. What is excused is at the instructor's discretion, so you are best served by discussing situations and extraordinary circumstances prior to class whenever possible.

      • Distractions: This instructor is easily distracted. Ringing cell phones, therefore, will be lobbed out of the classroom window or run over with a car. Chatter during lecture will result in "professionalism and participation" point deductions, as will Facebooking, texting or any other Internet use during lecture or topic presentations, particularly after warnings have been issued. Do homework for other classes somewhere else. If you have to arrive late or leave early, clear it with the instructor beforehand whenever possible. Basic civility is what is expected. If you are at all unclear as to what “basic civility” implies, the professor would be more than happy to elaborate.

      • Preparation: Complete the assignments and be ready to tackle the activities of the day. Be ready to discuss and debate ideas, approaches and opinions.

      • Deadlines: When an in-class/in-lab assignment is due, it is due. This reflects the reality of many mass communication professions and work environments. Late in-class assignments will not be accepted unless permission for extension had been granted prior to deadline. Turn in whatever has been done by deadline. If we have out-of-class assignments, they will be accepted for up to one week after deadline, but late assignments will be penalized. Remember, penalized work is not necessarily the same as 0 (zero) points. Complete out-of-class assignments and learn from them, even if they are turned in late. After an assignment is more than a week late, however, that work is not eligible for points. Please note: If a student misses a class when an assignment is due and that student has a legitimate excuse, the professor will accept the late assignment without penalty at his discretion. The professor defines what constitutes a legitimate excuse and reserves the right not to grant full credit for assignments turned in under these circumstances.

      Academic integrity: Because academic integrity is the foundation of college life at Berry, academic dishonesty will result in automatic failure on the assignment in question. Academic dishonesty includes, but is not limited to, the following: cheating, unauthorized collaboration, plagiarism, fabrication, submitting the same work in multiple courses, and aiding and abetting. For definitions of these terms, please consult the instructor. Additionally, violators will be reported in writing to the Provost. Students who are sanctioned for violating the academic integrity policy forfeit the right to withdraw from the class with a grade of “W.”

      How you will be graded:

      Blog posts & reading quizzes 25%
      Abstracts 10%
      Professionalism, participation, attendance 10%
      First Amendment in Practice 25%
      Capstone research project 30%
      Total   
      100%

      To compute your final grade, add up your point totals, apply the appropriate percentages, then refer to the grading system summarized here:

      A
      93-100
      A-
      90-92
      B+
      88-89
      B
      83-87
      B-
      80-82
      C+
      78-79
      C
      73-77
      C-
      70-72
      D+
      68-69
      D
      60-67
      F
      59 and below

      Definitions of the grades can be found in the Berry College Bulletin. “A” students will demonstrate an outstanding mastery of course material and will perform far above that required for credit in the course and far above that usually seen in the course. The “A” grade should be awarded sparingly and should identify student performance that is relatively unusual in the course.

      Berry Viking code
      Academic dishonesty in any form is unacceptable because any breach in academic integrity, however small, strikes destructively at the college’s life and work. The code is not just policy, it is foundational to the academic environment we enjoy and in which scholarship thrives. It is in force in this classroom.

      For the complete Viking Code, please consult the student handbook. In short, each student is “expected to recognize constituted authority, to abide by the ordinary rules of good conduct, to be truthful, to respect the rights of others.” The College’s mission, in part, commits to a community of integrity and justice. During an era when ethics are sometimes suspect, there seems no higher goal toward which students ought to strive than that of personal honor.

      Students with special needs
      If you have special needs of any kind, including learning disabilities, please let me know. Come discuss it with me. I want to make sure on the front end that we prevent any problems associated with the course. Martha Van Cise, director of the Academic Support Center, suggests: “Students with disabilities who believe that they may need accommodation in this course are encouraged to contact the Academic Support Center in Krannert Room 301 as soon as possible to ensure that such accommodations are implemented in a timely fashion.”

      Finally, I believe we are here for a good time, not a long time, so let’s have some fun!

  • bc home | berry home | email the prof
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