Discussion
CHOOSE ONE, AND ONLY ONE, OF THE QUESTIONS BELOW, AND RESPOND WITH AN INTELLIGENTLY-CRAFTED ESSAY, BEING SURE TO INCLUDE PLENTY OF SPECIFICS TO SUPPORT YOUR ARGUMENT. ONE FULL PAGE IS THE BARE MINIMUM EXPECTATION — YOU REALLY OUGHT TO WRITE MORE THAN A SINGLE PAGE. AND REMEMBER, A COLLEGE-LEVEL SOCIAL SCIENCE ESSAY CONSISTS OF THREE PARTS: AN INTRODUCTION (ONE PARAGRAPH; A BODY (AT LEAST ONE PARAGRAPH, USUALLY MORE); AND A CONCLUSION (ONE PARAGRAPH). SO THIS MEANS THAT YOUR ESSAY MUST CONSIST OF NO FEWER THAN THREE PARAGRAPHS. WITH THIS IN MIND, TWO-PARAGRAPH ESSAYS WILL HAVE 10 POINTS DEDUCTED IMMEDIATELY, AND ONE-PARAGRAPH ESSAYS WILL RECEIVE A GRADE OF “ZERO.” LET’S DO THINGS THE RIGHT WAY! NOW, CHOOSE ONE OF THE FOLLOWING QUESTIONS:
1. Read in our textbook on pages 228-234 about the case of Texas v. Johnson. Write an essay in which you summarize the issues involved in the case, the arguments of both the plaintiff and the defendant, and the legal arguments and logic used by both the majority of the Supreme Court as well as the minority. What is your opinion? Which side made the more persuasive argument, and why? Finally, why did the congressional sponsors of the “Flag Protection Act of 1989” believe their new law would be upheld as constitutional, in contrast to the Texas state law concerning flag desecration? Were the two laws really so different? Be sure to explain fully.
-OR-
2. Read in our textbook on pages 248-253 about the case of Snyder v. Phelps. Write an essay in which you summarize the issues involved in the case, the arguments of both the plaintiff and the defendant, and the legal arguments and logic used by both the majority of the Supreme Court as well as the minority. What about the idea that it was Mr. Snyder’s First Amendment rights — in particular, his right free exercise of religion — that was really at the heart of the matter? Did the Supreme Court go too far in this case? Is the lone dissenter, Justice Alito, perhaps correct? What is your opinion? Is this hate speech that perhaps should not be protected? How do the actions of the Westboro congregation differ, if at all, from those of the KKK or other hate groups whose rights to protest have been protected?
-OR-
3. As discussed in the PowerPoint slide, you may want an opportunity to pine in on the whole Boy Scout issue covered on pages 286-291. There is a lot condensed into those legal arguments, and Box 5-7 on page 291 has the interesting follow-up to the whole controversy. Parse the arguments made by both sides. Why is this a First Amendment issue — how does this fall under the category of Free Association, and did the majority make sense to you in citing the earlier case of Roberts v. United States Jaycees — how was that situation similar and applicable to this one? How might it be different? In the 5-4 decision, you can also see a clear ideological division among the justices. In making their majority and dissenting opinions, were the justices making a fair and unbiased interpretation, or were their personal ideologies overcoming common constitutional sense? And what do you make of the follow-up covered in Box 5-7?
-OR-
4. The topic of this essay question is “Prior Restraint and the Press,” focusing on — but not necessarily limited to — the student press of public schools. Read in our textbook on pages 304-309 about the case of Hazelwood School District v. Kuhlmeier. Write an essay in which you address the question seen on page 304, which is repeated here: “What importance do the justices place on the fact that the newspaper was run by students? Does the case have any implications beyond the student press? Is the case an isolated exception, or does it significantly dilute the prior restraint doctrine that the justices have supported since the Near decision?” You are expected to consult other cases found in the chapter and make note of them in your essay, in order to support your argument.
