First Amendment: Free Speech, Hate Speech, Threats
A 3-page, typed paper corresponding to the issues identified below is required each week throughout the semester. Papers must be typed (size 12 font) and double spaced with top, bottom, and side margins of at least one inch, and they must not exceed three pages. Papers are due at the beginning of the class period for which they have been assigned. Late papers and electronic submissions will not be accepted. Papers should be based exclusively on the assigned readings and your analysis of the corresponding issues; no additional research is expected. A fourth, blank page must be stapled to the 3-page paper. Approximately 10 minutes will be left at the end of each class period during which you will be asked to write on the blank page whether the thoughts expressed in your 3-page paper have been altered in any way as a result of the class discussion and explain why or why not that is the case. The 3-page papers will be graded based on: (1) how well they integrate relevant readings; (2) the substantive analysis provided, including use of relevant principles and facts; and (3) writing style. The thoughts expressed following class discussion on the attached blank page also will be considered in the assigned grade. Papers will be evaluated on a 10-point scale: 10-9=A; 8.5-8=B; 7.5-7=C; 6.5-6=D; 5.5 or below =F. The grade received on the weekly papers will represent 75% of the course grade.
Feb. 10 The First Amendment: The Freedom of Speech, Hate Speech, True Threats
Assume that just before Thanksgiving 2019, a snowfall blanketed the University of Olympus campus. Amanda Evans, an undergraduate student at the University, wrote Fuck Illegal lmmigrants in the snow on the podium in the center of campus by tracing 3-foot high letters with her hands. Numerous students saw the message before one person obliterated it by walking over it. Surveillance cameras had recorded Amanda as she created the message. The Universitys Community Rights and Responsibilities includes a Code of Conduct which all students are expected to obey; violations can result in a variety of sanctions including suspension or expulsion from the University. Among behavior prohibited by the Community Rights and Responsibilities is Disruptive Conduct, which is defined as:
Impairing, interfering with or obstructing the orderly conduct, processes and functions of the University or the community where the conduct occurs. This behavior includes, but is not limited to, excessive noise, abusive or obscene language in a public place, littering, obstructing vehicular or pedestrian traffic, and boisterous, indecent or threatening conduct which is unreasonable in the area, time or manner in which it occurs.
Following a hearing, Amanda was determined to have engaged in Disruptive Conduct and she was suspended from the University for one semester. She has appealed, arguing that the suspension violated her First Amendment rights. How should her appeal be decided, and why?
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