October 16, 2018

POS 384 CIVIL LIBERTIES
In class today, Tuesday 10/16, we first did a practice test in preparation for Exam #1 next Tuesday (10/23). I also reminded the class of Assignment #1, due Thursday 10/25. We then went through U.S. v. O'Brien. We discussed this as an "as-applied" challenge, in contrast to a "facial" challenge. We looked at how the Court dealt with the question of whether this draft-card burning was "speech" at all, and then the flow chart of how the government could justify this restriction. We then followed the same footsteps in going through Texas v. Johnson. We got as far as the state's justification in terms of preventing a breach of the peace, both an actual fight and the likelihood of a fight. That's where we'll pick up on Thursday.
The assignment for Thursday 10/18 is to work on your Assignment #1, prepare for Exam #1, and review Texas v. Johnson. In addition, read in the text pp. 216-219 (Brandenburg) and pp. 242-247 (McCullen v. Coakley).


POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 10/16, I distributed two handouts, a practice test and the Maine statute regarding use of force in defense of premises. We did the practice test in preparation for Exam #1 next Tuesday (10/23). I also reminded the class of Assignment #1, due Thursday 10/25. We then went through the Maine statute, asking as we went along how Mr. Briney would fare under Maine's criminal statute. Finally we went back to Suggs v. Norris, getting up to the "facts" of the first issue, the public policy question.
The assignment for Thursday 10/18 is to review Suggs v. Norris and its case brief, study for the exam and work on the assignment.