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B668 Constitutional Law II

Description Conkle: This course will focus on the First Amendment. We will spend the first 75-80% of the semester examining freedom of speech, including issues that arise from attempts to prohibit or regulate incitement to violence, "fighting words," defamation, racist speech, obscenity, pornography, offensive expression, and commercial speech. We also will discuss special problems that are posed by prior restraints on expression, by the regulation of symbolic acts of communication (such as flag burning), and by limitations on the use of such public areas as parks and streets. The remainder of the course will focus on the religion clauses of the First Amendment. Among other cases, we will consider the Supreme Court's decisions concerning school prayer, the teaching of evolution, public sponsorship of Christmas nativity scenes and Ten Commandments displays, governmental funding programs that include private religious schools, and the application of drug laws to the sacramental use of peyote by Native Americans. We will be using Kathleen M. Sullivan and Noah Feldman, Constitutional Law, 18th Edition (Foundation Press, 2013), supplemented by the authors# supplement and/or a small packet of additional course materials. The course will include both lecture and discussion. Constitutional Law I (first-year Constitutional Law) is a prerequisite, although there is no direct connection between this course and any particular section of Constitutional Law I, and it does not matter who you had as your professor for that course. This course covers issues that are important for any lawyer. Indeed, the First Amendment is a required subject at many law schools. Williams: This course will focus on the First Amendment. We will spend the majority of the semester examining freedom of expression. We will begin with an overview of free speech theory and then turn to the issues that arise when government action interferes with various types of speech, including politically subversive speech, libel and defamation, pornography, hate speech, and commercial speech. We will also discuss the problems posed by regulation of symbolic acts of expression (like flag burning), limitations on the use of public areas such as parks and streets, and campaign finance reform. The remainder of the course will focus on the religion clauses of the First Amendment. We will examine cases concerning the meaning of religion and the protection afforded to religious practice, including the application of drug laws to the sacramental use of peyote by members of the Native American church. We will also explore the interpretation of the establishment clause, in cases involving school prayer and school vouchers, the teaching of evolution, and public sponsorship of Christmas displays. The course will include both lecture and discussion. There will be one final examination which will be a take-home exam.

Faculty D. Conkle, D. Johnsen, S. Williams

SemesterTitleFaculty
Fall 2015 - 2016Constitutional Law IIConkle
Fall 2015 - 2016Constitutional Law IIWilliams, S.
Fall 2014 - 2015Constitutional Law IIConkle
Fall 2014 - 2015Constitutional Law IIJohnsen, D.
Fall 2014 - 2015Constitutional Law IIWilliams, S.
Spring 2013 - 2014Constitutional Law IIWilliams, S.
Fall 2013 - 2014Constitutional Law IIConkle
Fall 2013 - 2014Constitutional Law IIJohnsen, D.
Fall 2012 - 2013Constitutional Law IIJohnsen, D.
Fall 2012 - 2013Constitutional Law IIWilliams, S.
Fall 2011 - 2012Constitutional Law IIConkle
Fall 2011 - 2012Constitutional Law IIJohnsen, D.
Fall 2011 - 2012Constitutional Law IIWilliams, S.
Fall 2010 - 2011Constitutional Law IIConkle
Fall 2010 - 2011Constitutional Law II (syllabus) (first day's assignment)Johnsen, D.
Fall 2010 - 2011Constitutional Law IIWilliams, S.
Fall 2009 - 2010Constitutional Law II (syllabus)Conkle