In this seminar we will examine the evolution of the theory of press freedom in the United States, as embodied in the First Amendment to the Constitution:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
REQUIRED READING
The following texts are required, and discussion of them will consume the greatest portion of class time:
Friendly, Fred W. Minnesota Rag: The Dramatic Story of the Landmark Supreme Court Case That Gave New Meaning to Freedom of the Press (New York, 1981).
Levy, Leonard. Emergence of a Free Press (New York, 1985).
Lewis, Anthony. Make No Law: The Sullivan Case and the First Amendment (New York, 1991).
Powe, Lucas A., Jr. The Fourth Estate and the Constitution: Freedom of the Press in America (Berkeley, 1991).
Smith, Jeffery A. War and Press Freedom: The Problem of Prerogative Power (New York, 1999).
SUPPLEMENTARY TEXTS
Four supplementary texts are on two-hour reserve in the library. They will allow you to take a more detailed view of the decisions in the various cases that we will study and the ideas of two justices whose views have helped to shape contemporary views of press freedom.
Clark, Hunter R. Justice Brennan: The Great Conciliator (Seacaucus, NJ, 1995).
Dennis, Everette, Donald M. Gillmor and David C. Grey (eds.). Justice Hugo Black and the First Amendment (Ames, 1978).
Pohlman, H. L. Justice Oliver Wendell Holmes: Free Speech and the Living Constitution (New York, 1991).
Yarbrough, Tinsley E. Mr. Justice Black and His Critics (Durham, 1988).
PAPER
Throughout the course we will study the historical development concept of press freedom. In your research paper, you are to examine the status of freedom of the press in the United States at this moment, the beginning of the 21st century. The paper should run 3,500 - 5,000 words. It will be due at the beginning of class on April 21.
A part of each class period will be given over to discussion of your progress, ideas you might like to test on other members of the class, questions you might have, or any other matters related to the paper. You will discussion your conclusions at the final class of the semester and, if need be, during the period set aside for the final exam.
Make one copy for each member of the class and for the instructor. Students should read each of the papers critically before the presentation and be prepared to take part in the discussion of them.
An abstract of the paper should be included just ahead of the first page of the manuscript.
Your paper must be typed, double-space, in 12 point Times or Times Roman. Number every page but the first in the upper right hand corner. Use end notes and a bibliography prepared in accord with the University of Chicago style for the humanities. Use Kate L. Turabian in A Manual for Writers of Term Papers, Theses and Dissertations, or use abbreviated versions of Chicago style at University of Wisconsin-Madison Writing Center or the Ohio State University Library.
The quality of the writing will be considered in the evaluation of each paper, as will spelling, grammar and neatness. Be sure to proofread you paper and correct any spelling or typing errors; your word processing program's spelling and grammar checker will not catch all problems.
GRADES
Your grade will be based on your participation in class and the quality of your paper.
