MVV392K Introduction to Individual Rights in the United States

Faculty of Law
Spring 2024
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Jeffrey Schmitt (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
prof. JUDr. Ing. Michal Radvan, Ph.D. (seminar tutor)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV392K/01: Mon 25. 3. 18:00–19:40 041, Tue 26. 3. 16:00–17:40 041, 18:00–19:40 041, Wed 27. 3. 18:00–19:40 041, Thu 28. 3. 18:00–19:40 041
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 32/30, only registered: 5/30
fields of study / plans the course is directly associated with
there are 60 fields of study the course is directly associated with, display
Course objectives
This course will provide an overview of individual rights protections in the U.S. Constitution. We will begin with an introduction to U.S. constitutional history and theory as it pertains to individual rights. Subsequent class periods will examine the Supreme Court’s precedent on the Due Process Clause, the Equal Protection Clause, and the First Amendment. Throughout the course, we will discuss and evaluate the role of the Constitution and Supreme Court in American government.
Learning outcomes
At the end of the course, students should:
• understand the role of the U.S. Supreme Court in protecting individual rights;
• understand the core constitutional doctrines protecting individual rights in the U.S. Constitution;
• be able to analyze a hypothetical fact pattern to determine if individual rights have been violated under U.S. law; and
• be able to evaluate the American approach to protecting individual rights.
Syllabus
  • 1. Historical Background
  • Overview of the history of individual rights protections in the U.S. Special consideration will be given to the Founding and Reconstruction.
  • 2. Constitutional Theory
  • The justices of the Supreme Court often have very different interpretations of the Constitution’s protections for individual rights. This is often due, in part, to different theories of interpretation. Using the Second Amendment right to bear arms as an example, discussion will focus on originalism and its alternatives.
  • 3. Due Process
  • The Due Process Clause protects fundamental individual rights that are not specifically enumerated in the Constitution. Coverage includes the right to marriage, abortion, privacy in intimate activities, and the right to refuse medical treatment.
  • 4. Equal Protection
  • The Equal Protection Clause limits discrimination based on suspect classifications. Topics include racial discrimination, affirmative action, and gender discrimination.
  • 5. Freedom of Religion
  • The Constitution prohibits the establishment of a state religion and any law prohibiting the free exercise of religion. Topics include religious displays on government property, financial aid to religious schools, and exclusions of religious entities from government programs.
  • 6. Freedom of Speech
  • The Constitution prohibits any law abridging the freedom of speech, but this prohibition has never been absolute. Several categories of speech are not fully protected by the Constitution, including incitement, obscenity, fighting words, and commercial speech.
  • 7. Freedom of Speech
  • First Amendment rights also depend on the type of government regulation at issue. We will discuss content-based regulations, compelled speech, regulations of campaign finance, and speech restrictions in public schools.
  • 8. Freedom of Association, Freedom of Press, and State Action
  • Our final class will include brief coverage of the First Amendments protections for private associations and the press. We will conclude with a discussion of the state action doctrine, which dictates that the actions of private individuals and groups generally cannot violate the Constitution.
Literature
  • All reading material will be provided free of charge by Professor Schmitt. Readings will consist of excerpts from Supreme Court cases and scholarly articles.
Teaching methods
Lecture and discussion
Assessment methods
A written exam during the final session that will consist of multiple choice and short-answer questions.
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/spring2024/MVV392K