April 17, 2013

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 4/17, I distributed one handout, the Maine statutes dealing with same-sex and other adoptions and new birth certificates. I went over a Maine conflict of law rule case, Collins v. Trius. We then talked about the concepts of Full Faith and Credit, and went over the Finstuen case as well as the Maine statutes. I will begin on Friday with the 5th Circuit case of Adar v. Smith, with a different view of Full Faith and Credit and same-sex adoptions. The assignment for Friday 4/19 (although I failed to say it in class) is to read through p. 128 of the text (Cheap Escape).

POS 384 CIVIL LIBERTIES
In class today, Wednesday 4/17, I distributed one handout, Assignment #2 which is reproduced below. That assignment is due Friday 4/26. We talked about the question of content-neutrality and how it relates to the near-universal desire to exclude the Westboro Baptist Church from memorial observances. We talked about the relation between matters of public concern and the requirement of content-neutrality. We finished our general discussion of the expansion of First Amendment protection from public officials, to public figures, to matters of public concern. We also discussed the case of Hustler v. Falwell regarding the intersection of Intentional Infliction of Emotional Distress and Free Speech, and how the flow chart from that case was not followed in Snyder v. Phelps. We will pick up on Friday with a discussion of targeting,both in terms of the WBC demonstration, and the internet "Epic", and then move on to Alito's dissent. The assignment for Friday 4/19 is to read through p. 267 of the text.

Assignment #2

One of the things that’s been crucial in the Court’s treatment of Free Speech issues has been a determination of whether the government’s restriction on speech has been found to be “content-neutral” or not.

The Court has sometimes been split, though, in deciding and articulating exactly what it means by this concept of content-neutrality, as well as when that concept is to be applied.

For this assignment, I’m asking you to write a series of numbered paragraphs, (following the numbering below) which address the Court’s approach to content-neutrality.

1) Start with Texas v. Johnson (p. 234). Brennan says that the Texas statute is not content-neutral. In what sense does he find it not to be neutral? Is it simply because the statute covers a particular subject (flags)? Or is it because the statute prohibits a certain viewpoint to the flag (anti-flag)? What would a content-neutral statute look like to Brennan in this context? Then describe Rehnquist’s dissent. Does he think that the statute is content-neutral? How does he reach his conclusion?

2) Next go to Hill v. Colorado (p. 247). Stevens characterized the Colorado statute as content-neutral. What questions does he ask in order to reach this conclusion? Then describe what process Scalia uses in reaching the opposite conclusion. What would a content-neutral statute look like to Scalia in this context?

3) Third is R.A.V. v. St. Paul (p. 255). Scalia describes that ordinance as not content-neutral. Again, what questions does he ask in order to reach this conclusion? What would a content-neutral statute look like to Scalia in this context? Then describe White’s dissent. Does he think that the statute is content-neutral? How does he reach his conclusion?

4) Fourth is Snyder v. Phelps (p. 258). How does Roberts analyze this case in terms of content-neutrality? What would a content-neutral tort look like to Roberts in this context? How does Alito then analyze this case in terms of content-neutrality?

5) Fifth is Tinker v. Des Moines (p. 264). How does Fortas analyze this case in terms of content-neutrality? What would a content-neutral tort look like to Fortas in this context? How does Black then analyze this case in terms of content-neutrality?

6) Finally, there’s Morse v. Frederick (p. 267). Does Roberts analyze this case in terms of content-neutrality? What questions does he ask in order to decide that the school can suspend Frederick? Then discuss Stevens’ dissent. How does Stevens analyze this case in terms of content-neutrality?

Here’s a (fictitious) example of the format I’m looking for:
Roberts decides that this statute is not content-neutral. He asks whether the statute could be enforced without reference to the content of the signs. “If the signs said ‘I love babies’ as oppose to ‘I hate baby-killers’, there would have been no violation”. (Cohen, right-hand column, p. 242). The “intimidation” that the statute forbids, says Roberts, only exists in the context of the message itself. You can’t decide if the sign-holder intended to intimidate unless you look at the content of the sign, and that’s what makes the law content-based. Alito, on the other hand, believes that the statute is content neutral. He asks whether “intimidation” itself is a category that is based on content. He answers that intimidation is “proscribed as a result of any communication” (Cohen, left-hand column, p. 242), and so the statute on its face, and in its enforcement, is content neutral.

You are encouraged to use snippets of quotations from the opinions to illustrate your points. When you quote, you should just cite to the text page number (as above), and to the left or right column. Your paper should be 2-3 pages long.


Your papers will be graded on how well you complete the assignment and support your position. The paper will also be graded on how well you write English, and how clearly you organize your thoughts. I like short clear sentences better than long complicated ones. I like correct grammar.

The paper should be a minimum of 2 pages long, and no more than 3 pages (double spaced). Brevity should be seen as an asset, not a liability. It will be due at the beginning of the class on Friday, April 26th. If you are unable to attend class on that date, you should e-mail the paper to me by the beginning of class. I will acknowledge receipt of any e-mailed papers--if you don’t get an acknowledgment, that means that I didn’t get the paper. If you do not have the paper done on time, be in touch with me right away.


The work should be entirely your own, with no collaboration or plagiarism. See the syllabus regarding plagiarism and collaboration.