Winter Quarter 2003

[The materials for the seminar are: (1) Ellen Schrecker, “Many Are the Crimes: McCarthyism in America” (Princeton University Press; 1998); (2) John Earl Haynes & Harvey Klehr, “Venona: Decoding Soviet Espionage in America” (Yale University Press; 1999); (3) John Garvey & Frederick Schauer, “The First Amendment: A Reader” (2d ed.; West Publishing Co.; 1996); (4) Excerpts from Martin H. Redish, “The Logic of Persecution: Free Expression and the McCarthy Era” (in progress; to be published by Stanford University Press); and (5) excerpted Supreme Court decisions and excerpted articles from law journals and the popular press.]

WEEK 1: Background: The Venona Documents and the History Wars

Schrecker, pp. xi-xx; 3-34; Haynes & Klehr, pp. 1-22; Weisberg New York Times Magazine (11/99); Radosh & Tanenhaus reviews of Schrecker’s book.

WEEK 2: The Foundations of Free Expression and the Theory of Repressive Pathology

Garvey & Schauer, excerpts from works by free speech scholars; Abrams and Gitlow Supreme Court decisions.

WEEK 3: The Nature of American Communist Activity

Schrecker, pp. 42-61; 64-85; 131-182; Haynes & Klehr, pp. 57-89; 116-150.

WEEK 4: Unlawful Advocacy and Free Speech Theory: The Lessons of the Cold War

Schrecker, 190-200; Dennis, Yates, and Brandenburg Supreme Court decisions; Rice v. Palladin (U.S. Court of Appeals for the Fourth Circuit) (“hit man” manual decision); excerpts from Kohr article in San Diego Law Review; excerpts from Redish, chapter on unlawful advocacy; Garvey & Schauer, excerpts from scholarly articles on unlawful advocacy.

WEEK 5: Blacklists, the House Un-American Activities Committee, and the First Amendment Right of Non-Association

Schrecker, chapter 9; Redish, chapter on Hollywood Ten and blacklists; Barrenblat, Watkins, and Dale Supreme Court decisions; movie: “Guilty By Suspicicion.”

WEEK 6: McCarthy, McCarthyism, and the First Amendment Right to Lie

Video: “Point of Order”; Schrecker, chapter 7; New York Times v. Sullivan Supreme Court decision; McIntyre Supreme Court decision.

WEEK 7: McCarthyism, Public Education, and the First Amendment Problem of Value Inculcation

Keyishian Supreme Court decision; excerpts from Redish chapter on McCarthyism and public education.

WEEK 8: The First Amendment and Loyalty-Security Programs

Schrecker, chapter 8; Bailey v. Richardson (D.C. Circuit); Cole Supreme Court decision.

WEEK 9: Presentation of Student Papers.

WEEK 10: Presentation of Student Papers.