POS 359--The Current Supreme Court Term
In class today, Thursday 1/29, I distributed one handout, selected portions of the U.S. Constitution. I went over a brief version of the strange history of the due process clause of the 14th Amendment. We started talking about a case that will (probably) be the subject of the first paper, Pleasant Grove v. Summum. I went over two 2005 Ten Commandment cases, Van Orden and McCreary. We also traced some of the theories of the Summum case to the legal theories litigated by Jay Sekulow (and discussed by Toobin). The reading assignment for Tuesday 2/3 is to finish reading the Toobin book.
CMJ 375--Mass Media Law
In class today, Thursday 1/29, I distributed one handout, selected portions of the Smith Act, and we discussed its provisions that apply to journalists. I went over law and order and national security interests in conflict with the First Amendment. We started talking about personal injury cases. The reading assignment for Tuesday 2/3 is to read and prepare to discuss pp. 109-122 of the text.
Thursday, January 29, 2009
Tuesday, January 27, 2009
January 27, 2009
POS 359--The Current Supreme Court Term
In class today, Tuesday 1/27, I discussed yesterday's 5 Supreme Court decisions. I emphasized two cases, Arizona v. Johnson, (a 4th Amendment case regarding the right of police to frisk passengers in a car even if police did not have reasonable suspicion in the first place that criminal activity was afoot) and Crawford v. Nashville (a Title VII retaliatory firing case in which the Court had to decide what it meant to "oppose" the sexual harassment of the supervisor). The assignment for Thursday 1/29 is to read in Toobin Chapters 20, 21, and 22 ("I know her heart").
CMJ 375--Mass Media Law
In class today, Tuesday 1/27, we finished discussing Chapter 2 of the text, but did not get to Chapter 3 yet. On Thursday 1/29, we will begin with the national security concepts of Chapter 3 and the already-assigned Pentagon Papers case. The additional assignment for Thursday 1/29 is to read the remainder of Chapter 3 of the text, and to read in the casebook the Olivia (p. 53) Winters (p. 55) and Kendrick (p. 58)cases.
In class today, Tuesday 1/27, I discussed yesterday's 5 Supreme Court decisions. I emphasized two cases, Arizona v. Johnson, (a 4th Amendment case regarding the right of police to frisk passengers in a car even if police did not have reasonable suspicion in the first place that criminal activity was afoot) and Crawford v. Nashville (a Title VII retaliatory firing case in which the Court had to decide what it meant to "oppose" the sexual harassment of the supervisor). The assignment for Thursday 1/29 is to read in Toobin Chapters 20, 21, and 22 ("I know her heart").
CMJ 375--Mass Media Law
In class today, Tuesday 1/27, we finished discussing Chapter 2 of the text, but did not get to Chapter 3 yet. On Thursday 1/29, we will begin with the national security concepts of Chapter 3 and the already-assigned Pentagon Papers case. The additional assignment for Thursday 1/29 is to read the remainder of Chapter 3 of the text, and to read in the casebook the Olivia (p. 53) Winters (p. 55) and Kendrick (p. 58)cases.
Thursday, January 22, 2009
January 22, 2009
POS 359--The Current Supreme Court Term
In class today, Thursday 1/22, we first discussed some ways in which we see Toobin's description of the judicial tendencies of the Justices being played out in other cases. I then briefly talked about four of the five cases decided by the Court yesterday, and talked in more detail about the fifth case, Pearson v. Callahan, which dealt with the flow chart for determining whether police are entitled to qualified immunity when they are sued for their (mis)deeds. The assignment for Tuesday, 1/27 is to read Part III of the Toobin book.
CMJ 375--Mass Media Law
In class today, Thursday 1/22, we went over more of Chapter 2 of the text, including detailed discussions of the three casebook cases assigned, Simon & Schuster, Tornillo, and McIntyre. I also discussed one U.S. Supreme Court case decided yesterday, Locke v. Karass, which discussed compelled speech under the First Amendment in the context of union activities. On Tuesday 1/27, we will finish our discussion of Chapter 2 of the text, and move on to Chapter 3. The assignment for Tuesday 1/27 is to read and prepare to discuss pp. 81-93 of the textbook, and the case of N.Y. Times v. U.S. starting on p. 40 of the casebook.
In class today, Thursday 1/22, we first discussed some ways in which we see Toobin's description of the judicial tendencies of the Justices being played out in other cases. I then briefly talked about four of the five cases decided by the Court yesterday, and talked in more detail about the fifth case, Pearson v. Callahan, which dealt with the flow chart for determining whether police are entitled to qualified immunity when they are sued for their (mis)deeds. The assignment for Tuesday, 1/27 is to read Part III of the Toobin book.
CMJ 375--Mass Media Law
In class today, Thursday 1/22, we went over more of Chapter 2 of the text, including detailed discussions of the three casebook cases assigned, Simon & Schuster, Tornillo, and McIntyre. I also discussed one U.S. Supreme Court case decided yesterday, Locke v. Karass, which discussed compelled speech under the First Amendment in the context of union activities. On Tuesday 1/27, we will finish our discussion of Chapter 2 of the text, and move on to Chapter 3. The assignment for Tuesday 1/27 is to read and prepare to discuss pp. 81-93 of the textbook, and the case of N.Y. Times v. U.S. starting on p. 40 of the casebook.
Tuesday, January 20, 2009
January 20, 2009
POS 359--The Current Supreme Court Term
In class today, Tuesday 1/20, we went over two cases that preceded the Herring case, Leon and Evans. We then finished going over the Herring decision. We discussed two variables of judicial decision-making (in addition to liberal and conservative): bright-line rules v. case by case adjudication, and adherence to precedence v. going with what you think is right. The assignment for Thursday 1/22 is to read Part II of the Toobin book (chapters 11-13).
CMJ 375--Mass Media Law
In class today, Tuesday 1/20, we went over the beginning of Chapter 2 of the text, talking about the importance of the First Amendment, different concepts of speech around the world, and then the concept of Prior Restraint. I discussed one non-text case involving the scope the First Amendment, Hein v. Freedom From Religion Foundation, regarding the reach of the First Amendment to the executive branch of the federal government. We began, but did not finish, our discussion of the Simon and Schuster case on p. 17 of the casebook. On Thursday, 1/22, we will finish our discussion of that case, and also discuss the previously assigned Tornillo case. The assignment for Thursday 1/22 is to read and prepare to discuss the rest of Chapter 2 of the text, and to read the McIntyre case on p. 27 of the casebook.
In class today, Tuesday 1/20, we went over two cases that preceded the Herring case, Leon and Evans. We then finished going over the Herring decision. We discussed two variables of judicial decision-making (in addition to liberal and conservative): bright-line rules v. case by case adjudication, and adherence to precedence v. going with what you think is right. The assignment for Thursday 1/22 is to read Part II of the Toobin book (chapters 11-13).
CMJ 375--Mass Media Law
In class today, Tuesday 1/20, we went over the beginning of Chapter 2 of the text, talking about the importance of the First Amendment, different concepts of speech around the world, and then the concept of Prior Restraint. I discussed one non-text case involving the scope the First Amendment, Hein v. Freedom From Religion Foundation, regarding the reach of the First Amendment to the executive branch of the federal government. We began, but did not finish, our discussion of the Simon and Schuster case on p. 17 of the casebook. On Thursday, 1/22, we will finish our discussion of that case, and also discuss the previously assigned Tornillo case. The assignment for Thursday 1/22 is to read and prepare to discuss the rest of Chapter 2 of the text, and to read the McIntyre case on p. 27 of the casebook.
Thursday, January 15, 2009
January 15, 2009
POS 359--The Current Supreme Court Term
In class today, Thursday 1/15, we went over two Supreme Court decisions from yesterday. Oregon v. Ice dealt with the 6th Amendment power of judges, (as opposed to juries), to decide facts relating to the imposition of consecutive, rather than concurrent, sentences of imprisonment. We also started to go over yesterday's case of Herring v. U.S., dealing with the suppression of evidence under an unconstitutional (4th amendment) search and seizure. We will finish that discussion of Herring next Tuesday. The assignment for Tuesday 1/20 is to read in Toobin through the end of Part One (Chapter 10).
CMJ 375--Mass Media Law
In class today, Thursday 1/15, we went over some of the concepts of Chapter 1 of the text. In particular, we discussed citation format (and the information that can be gleaned from citations), the Maine court system, and Federal court jurisdiction. As an illustration of the interrelationship between federal and state courts, and federal and state law, I went over the defamation case of Levinsky's v. Wal-Mart from the United States Court of Appeals for the 1st Circuit. The assignment for Tuesday 1/20 is to read and prepare to discuss in the text pages 33-57, and to read in the casebook the Tornillo case on page 13 and the Simon and Shuster case on p. 17.
In class today, Thursday 1/15, we went over two Supreme Court decisions from yesterday. Oregon v. Ice dealt with the 6th Amendment power of judges, (as opposed to juries), to decide facts relating to the imposition of consecutive, rather than concurrent, sentences of imprisonment. We also started to go over yesterday's case of Herring v. U.S., dealing with the suppression of evidence under an unconstitutional (4th amendment) search and seizure. We will finish that discussion of Herring next Tuesday. The assignment for Tuesday 1/20 is to read in Toobin through the end of Part One (Chapter 10).
CMJ 375--Mass Media Law
In class today, Thursday 1/15, we went over some of the concepts of Chapter 1 of the text. In particular, we discussed citation format (and the information that can be gleaned from citations), the Maine court system, and Federal court jurisdiction. As an illustration of the interrelationship between federal and state courts, and federal and state law, I went over the defamation case of Levinsky's v. Wal-Mart from the United States Court of Appeals for the 1st Circuit. The assignment for Tuesday 1/20 is to read and prepare to discuss in the text pages 33-57, and to read in the casebook the Tornillo case on page 13 and the Simon and Shuster case on p. 17.
Tuesday, January 13, 2009
January 13, 2009
POS 359--The Current Supreme Court Term
In class today, Tuesday 1/13, I distributed two handouts: the syllabus,and a handout listing the nine Supreme Court Justices and also some useful Supreme Court websites. We went over some examples of federal and state law, and discussed the concepts of either following or distinguishing precedent. I briefly reviewed the three oral arguments that the Court heard on Monday 1/12. The assignment for Thursday 1/15 is to read through page 56 of The Nine by Toobin.
CMJ 375--Mass Media Law
In class today, Tuesday 1/13, I distributed one handout, the syllabus. We went over some examples of federal and state law, and discussed the concepts of either following or distinguishing precedent. I reviewed four recent issues in the news that raised federal and state mass media law issues The assignment for Thursday 1/15 is to read Chapter One of the text.
In class today, Tuesday 1/13, I distributed two handouts: the syllabus,and a handout listing the nine Supreme Court Justices and also some useful Supreme Court websites. We went over some examples of federal and state law, and discussed the concepts of either following or distinguishing precedent. I briefly reviewed the three oral arguments that the Court heard on Monday 1/12. The assignment for Thursday 1/15 is to read through page 56 of The Nine by Toobin.
CMJ 375--Mass Media Law
In class today, Tuesday 1/13, I distributed one handout, the syllabus. We went over some examples of federal and state law, and discussed the concepts of either following or distinguishing precedent. I reviewed four recent issues in the news that raised federal and state mass media law issues The assignment for Thursday 1/15 is to read Chapter One of the text.
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