Request: Barest Bones list of Recommended 1st
Am.CasestouseforFlyby 1st Am. section in Intro con
law2Individual Rights Course
7barksda at jmls.edu
Wed Mar 29 19:53:22 PST 2006
Many thanks all for the suggestions for my First Amendment cases - This
has been very helpful, and much fun.
One point re Doug's comment below - I make no pretense of teaching the
First Amendment in my brief sprint. (although usually I have four days,
not three - and in all honesty, freedom of religion and freedom of
association usually get one day out of the four.). I bill this only as
an introduction to First Amendment issues, so that people at least
understand the general issues and themes. I like using cases, rather
than a treatise chapter, so that students have some context in which the
issues arise. But I agree, I am not teaching the "First Amendment" - I
am teaching "first amendment issues and themes."
As to leaving the topic out entirely, can't do - it is part of the
course description. My problem is - by the time I cover Equal
protection, and substantive due process - our semester is almost over.
( I still don't understand how people teach all of Con law structure
and rights in 4 hours.)
One point re Sullivan - One reason I have not used it is that our
students do Sullivan in their 1L Torts classes - so since my list was
so limited I didn't want to repeat. Otherwise, Sullivan clearly would
have been on my list at the beginning. I will reconsider though in
light of strong arguments in support of it.
Ciao, and again thanks for the suggestions - on and off list
Professor Yvette M. Barksdale
The John Marshall Law School
315 S. Plymouth Ct.
Chicago, IL 60604
(312) 427-2737 (phone)
(312) 427-9974 (fax)
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Wednesday, March 29, 2006 1:46 PM
To: Jonathan Entin; Malla Pollack; Volokh, Eugene;
CONLAWPROF at lists.ucla.edu
Subject: RE: Request: Barest Bones list of Recommended 1st
Am.CasestouseforFlyby 1st Am. section in Intro con law2Individual Rights
The problem some of us are having is not that Sullivan isn't profundly
important both conceptually and historically, and not that the facts
aren't gripping. It is that the same can be said about many other
cases. Yvette's question, and the task she has set herself, are
impossible. You can't teach free speech out of one case, or religion
either, or even association.
If it were me, I wouldn't try. I would devote the whole three days to
just one of these, and I would try to condense something else and get
six days instead of three. Or I would abandon the First Amendment
entirely and teach something else in the course a little more
Or if I were really obliged to teach free speech in one day, or freedom
of religion in one day, I would not assign a case at all. I would
assign a survey article or a treatise chapter, and I would give them a
lecture that outlines the core principles in an hour.
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX 78705
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Jonathan Entin
Sent: Wednesday, March 29, 2006 12:48 PM
To: 'Malla Pollack'; 'Volokh, Eugene'; CONLAWPROF at lists.ucla.edu
Subject: RE: Request: Barest Bones list of Recommended 1st Am.
CasestouseforFlyby 1st Am. section in Intro con law 2Individual Rights
As the person who suggested New York Times v. Sullivan, could I bring us
back to Yvette Barksdale's initial inquiry? Yvette asked for a short
list of First Amendment cases to use in an introductory survey course on
Constitutional Law. There are all sorts of complexities to many cases,
including Sullivan. I can't imagine getting into all of them in a brief
survey course. That's why we have advanced courses. I continue to
believe that Sullivan gets to the heart of First Amendment theory in a
historically gripping factual context but respect the views of others
who might regard this case as more problematic pedagogically than I do.
Jonathan L. Entin
Professor of Law and Political Science
Case Western Reserve University
jle at case.edu <mailto:jle at case.edu> (e-mail)
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