ENGL 480/680
 
                                              STUDIES IN LITERATURE, HISTORY AND LAW


                                                                    WINTER 2004

Joan DelFattore                                                           Class hours:  MW 5-9                                         
062 Memorial Hall                                                       Office hours:  By appointment any day
831-2987 (office)                                                         E-mail:  jdel@udel.edu
737-7124 (home and fax)                                             Homepage:  www.english.udel.edu/jdel

                                                                 DESCRIPTION

     This course explores literature, lawsuits, and historical background dealing with three major themes:  challenges to  literary works for various age groups, freedom of speech, and racial equity.  Throughout the course, students will engage in online research and student-run discussions.  Attendance at all class meetings is mandatory.  Grading will be based on points given for four student-led discussions, three in-class essays, and a final paper.

                                                                       TEXTS

Those texts with a url are available online; each student should print his/her own.  The charge for printing, if any, will be much less than the cost of either a published anthology or a course booklet made up and sold through a bookstore or copyshop.

All students will read the following texts:
        Maya Angelou, I Know Why the Caged Bird Sings
Joan DelFattore, “Textbook Controversies Based on Content, Values, and
     Viewpoints,” http://www.english.udel.edu/jdel/textbooks/html
George Orwell, 1984

Each student will sign up to read one of the following texts:
                       Aldous Huxley, Brave New World
                       Anthony Burgess, A Clockwork Orange
                       Lois Lowry, The Giver

Each student will sign up to read one of the following Supreme Court decisions:
                       Hustler v. Falwell
                             http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/hustler.html
                       Texas v. Johnson
                              http://www.bc.edu/bc_org/avp/cas/comm/free_speech/texas.html
                        Hurley v. Irish-American Gay Group of Boston
                              http://www.mit.edu/afs/athena/course/17/17.245/www/Hurley.htm

Each student will sign up to read one of the following Supreme Court decisions:
                       Belton v. Gebhart (Delaware Court of Chancery):
                           http://www.english.udel.edu/jdel/beltonvgebhart.html
                      Gebhart v. Belton (Delaware Supreme Court):
                           http://www.english.udel.edu/jdel/gebhartvbelton.html
                      Brown v. Board (U.S. Supreme Court, May 17, 1954):   
                           http://www.nps.gov/brvb/pages/decision54.htm

Depending on the paper topic each student chooses, some students will read one of the following
texts:
                        Margaret Atwood, The Handmaid’s Tale
                        Linda Brent, Incidents in the Life of a Slave Girl
                        Frederick Douglass, Narrative of the Life of Frederick Douglass, An American
                            Slave
                        Jung Chang, Wild Swans:  Three Daughters of China

Students will also be required to access additional information online and print it out.  Students who do not have their own computers, printers, and Internet access are welcome to use any of the computing sites on campus.  If any student does not know how to do Internet research, please either see me or seek help from the staff at the computing centers.


                                                         ATTENDANCE POLICY

Short Version:  If I’m here, you’re here.  

Long Version:  The schedule for this class involves a tradeoff.  On the one hand, students receive
three credits for a class that meets only twice a week for five weeks.  On the other hand, each class meeting is four hours long, which means that missing even one of them is comparable to missing more than a week of classes in a regular semester.  Moreover, students who miss participation points for in-class work will not be permitted to make them up unless arrangements have been made in advance (see Grading, below).  Absences will be excused only in cases of serious illness or family emergencies.  Car trouble, arguments with significant others, hangovers, social events, ennui, the need to catch up on work or sleep, appearances on the Jerry Springer Show, or abduction by creatures from another planet are not justifications for excused absences.  (Students may argue that the last two are redundant.)  Moaning about the four-hour periods is optional but immature, since they are part of an arrangement whose benefits you are also enjoying.  Arriving late and leaving early are not options except under unusual circumstances.  

To avoid a lot of grief, please do not remain in this course if your work schedule, ride home, or social life will not allow you to meet these standards.  


                                                          GRADING

Written/Oral Presentations:  In five of the assignments for this course, everyone will not read the same thing; each student will sign up in advance for his/her particular assignment.  Students will then be responsible for sharing what they have learned with the rest of the class.  Since these assignments are meant to serve as the basis for in-class activities, papers handed in to the professor following an unexcused absence will be eligible for only two-thirds of the possible points.  Similarly, if a student is unprepared in class, or if the contribution is inadequate, points will be deducted.  The number of points given for each student-led activity appears in the description of that assignment on the Schedule, below.  Following the class discussion, the written work will be handed in for a grade.

Response Papers:  When everyone reads the same book or the same short pieces of literature, the class period will begin with an in-class response paper that will become the basis for starting the class discussion.  It will also reward students who do the reading and come to class prepared for that day’s work.

Final Papers:  A listing of the options and requirements for the final paper appears at the end of this syllabus.
    
Written/oral assignments (total):                                              40 points
Response papers (two papers @ 10 points each):                   20 points
Final paper:                                                                            40 points

Final Grades:  95-100 = A, 90-94 = A-, 87-89 = B+, 83-86 = B, 80-82 = B-, 77-79 = C+,
73-76 = C, 70-72 = C-, 67-69 = D+, 63-66 = D, 60-62 = D-, 0-59 = F

Graduate Credit:  Graduate students taking this course at the 600 level will meet with the instructor to formulate individualized plans for additional work to qualify for graduate credit.

 
                                                             SCHEDULE

Please bring the assigned readings to each class.

Mon., Jan. 5:   Introduction to the course
                       Discussion of issues involved in challenges to literature for adult readers,
                             teenagers, and children
                        Students sign up to do online research on Heather Has Two Mommies,
                             Daddy’s Roommate, or Nappy Hair
                    
                        Assignment for the next class:  
                             Read “Textbook Controversies Based on Content, Values,  and Viewpoints”
                                  http://www.english.udel.edu/jdel/textbooks.html
                            Go to www.amazon.com.  Type the title of your assigned book in the Search
                            box.  When the book comes up, click on “product details.”  Scroll down
                            the page to the editorial reviews (i.e., professional published reviews) and then to
                            customer reviews.  Print out any two of the editorial reviews and any six of the customer
                            reviews, and come to class prepared to discuss them.  Are the professional reviews you
                            selected generally positive or negative?  What are the two or three main reasons for either
                            praise or criticism?  What about the customer reviews – do most people whose comments
                            you read like the book or not?  What are the main reasons they give for either liking or disliking
                            the book?  If any of the reviews you read include really good quotes, please mark them so you can
                            share them with the class.  8 points  
                                                                    
Wed., Jan. 7:  Discussion of “Textbook Controversies”
                      Documentary videotape:  “Censorship in Our Schools”
                      In-class reading and discussion of Heather Has Two Mommies, Daddy’s
                          Roommate, and Nappy Hair
                      Presentation of the reviews from amazon.com
                      Discussion of the distinction between setting reasonable standards and censorship
                      Discussion of how that distinction works with respect to adults, adolescents, and
                           children.
                      Discussion of broader issues concerning intellectual freedom and freedom of
                           expression
                     Students sign up to read one of the following novels, all of which have intellectual
                           freedom as a dominant theme.  Reports on these books will be presented on
                           Jan. 21.  
                       Aldous Huxley, Brave New World
                       Anthony Burgess, A Clockwork Orange
                       Lois Lowry, The Giver
                       
                       Assignment for the next class:  Read George Orwell, 1984

Mon., Jan. 12: In-class response paper on 1984
                        Discussion of 1984
                        Discussion of where the line should be drawn between a totalitarian, mind-
                             controlling state and reasonable restrictions on the expression of controversial
                             opinions or the acquisition of knowledge considered dangerous
                        Mini-lecture on how to read a court decision, definition of common legal terms
                        Mini-lecture on how the Supreme Court works
                        Students sign up to read one of the following Supreme Court decisions:
                        Hustler v. Falwell (Jerry Falwell, founder of the Moral Majority, sued Hustler
                             magazine for publishing a comic parody of a liquor ad in which Falwell
                             ostensibly talks about the first time he had sex)
                             http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/hustler.html; these      
                             students should also read the introductory material at
                             http://www.hfac.uh.edu/comm/media_libel/cases-conflicts/print/hustler.html;
                             also click on “Jerry Falwell Talks About His First Time” for a view of the
                             parody that sparked the lawsuit
                         Texas v. Johnson (Gregory Johnson burned an American flag to protest the
                             renomination of Ronald Reagan for a second term as president.  The State of               
                            Texas sentenced him to a prison term for burning the flag, and the Supreme
                            Court was asked to decide whether flag-burning is protected free speech under
                             the First Amendment.)
                            http://www.bc.edu/bc_org/avp/cas/comm/free_speech/texas.html
                         Hurley v. Irish-American Gay Group of Boston (Irish homosexuals and bisexuals
                            wanted to march as a group in the St. Patrick’s Day parade, carrying a banner  
                            announcing their homosexual orientation.  The parade’s organizing committee
                            refused permission, and the Supreme Court was asked to decide whether that
                            refusal violated the gay group’s right to free expression.
                            http://www.mit.edu/afs/athena/course/17/17.245/www/Hurley.htm
                      
                         Assignment for the next class:
                         Read your assigned Supreme Court decision.
                         Be prepared to address the following questions:
                            What are the facts of the case?  That is, what happened that led to the
                                  lawsuit?  What were the main arguments on behalf of the plaintiffs?  On
                                  behalf of the defendants?
                             Who won?  What were the three most important reasons for the Court’s ruling?
                              How many Justices (if any) dissented?  What were the three most important
                                  reasons he/she/they gave for disagreeing with the majority?
                              Are you happy with the outcome of this case?  Why or why not?  8 points

Wed., Jan. 14:  Students meet in groups to discuss how to present the cases they read
                           Panel discussion of Hustler v. Falwell
                           Panel discussion of Texas v. Johnson
                           Panel discussion of Hurley v. Irish-American Gay Group
                           Tape(s) of Supreme Court oral arguments in one or more of these cases (class
                                vote)
    
                          Assignment for the next class:  
                           Finish reading the novel you signed up for.
                           Be prepared to address the following questions:
                                What is the story line?
                                What is the main point of the novel?  What is it about – not the plot, but the
                                    ideas?
                                 How does this novel compare and contrast with 1984 in respect to the
                                    treatment of intellectual freedom issues?  Which book did you prefer?  
                                    Why?
                                 How does this novel compare and contrast with the court decisions we’ve
                                      discussed with respect to the treatment of intellectual freedom issues?  
                                       Do you have any theories to explain the differences and similarities that
                                       exist between literary and legal approaches to these matters?   12 points

Mon., Jan. 19:  Martin Luther King Day

Wed., Jan. 21:  Students meet in groups to discuss how to present the novels they read.
                         Panel discussion of Brave New World
                         Panel discussion of A Clockwork Orange
                         Panel discussion of The Giver
                         Introduction to racial equity as a theme in literature, history, and law

                         Assignment for the next class:  Read I Know Why the Caged Bird Sings
                                                       
Mon., Jan. 26:  In-class response paper on I Know Why the Caged Bird Sings
                           Discussion of I Know Why the Caged Bird Sings
                           Mini-lecture/discussion on Jim Crow, “separate but equal,” the Civil Rights
                                movement, and desegregation
                           Tape of Supreme Court oral argument in Heart of Atlanta Motel v. U.S. (racial
                                desegregation of places of public accommodation), Palmer v. Thompson
                                (integration of public swimming pools), or Loving v. Virginia (challenge to a
                                law forbidding interracial marriages) – students vote on which to hear
                            Students sign up to read one of the three court decisions that made up
                                 Delaware’s part in the famous Brown v. Board school desegregation case:  
                            Belton v. Gebhart (Delaware Court of Chancery):
                            http://www.english.udel.edu/jdel/beltonvgebhart.html
                           Gebhart v. Belton (Delaware Supreme Court):
                           http://www.english.udel.edu/jdel/gebhartvbelton.html
                           Brown v. Board (U.S. Supreme Court; this decision also covers
                          desegregation cases from Kansas, South Carolina, and Virginia;
                          May 17, 1954): http://www.nps.gov/brvb/pages/decision54.htm

                             Assignment for the next class:
                             Read your assigned decision.  Be prepared to answer the following questions:
                                What were the facts of the case?  That is, what was going on in the school,
                                 and how did the case get to court?  Who sued, and why?  
                             What did the court say?  What were the three most important reasons for the
                                 ruling?  10 points

Wed., Jan. 28:  Students meet in groups to decide how to present the decision they read.
                         Presentation on Belton v. Gebhart
                         Presentation on Gebhart v. Belton
                         Presentation on Brown v. Board of Education
                         Tape of Supreme Court oral argument in Cooper v. Aaron
                         Documentary videotape:  “Ten Years After Brown”
                         Discussion of final papers

                        Assignment for next class:  
                        Continue working on the final paper

Mon., Feb. 2:  Reading day to work on the final papers (Please do not plan to be away at this
                        time because if a snow day causes the cancellation of any classes, this period will
                        be used to make up the missed class, and all students will be expected to be
                        available to attend)

Wed., Feb. 4: Presentation of final papers
                        Final papers handed in


                                          OPTIONS FOR FINAL PAPERS

    Since this course is entitled “Studies in Literature, History, and Law,” choices are offered in all three categories.

Literature

Option 1:  Go to http://www.ala.org/bbooks/top100bannedbooks.html, the American Library Association’s list of the most frequently challenged books.  Choose any book on this list that was not among the class readings.  Read the book, and then find out how and why it’s been challenged.  There are several ways to do this research, and you’re welcome to use any method that works for you.  Suggested approaches:  See if the author of the challenged book has a website; if so, it probably includes some information about challenges to the author’s works.  Be aware, of course, that this material will not be objective; it is likely to reflect the author’s side of the dispute.  You can also go to Google, Yahoo!, etc. and search under the title of the book.  Finally, you can go to the UD library homepage, click on Databases and then on Lexis/Nexis Academic.  Click on “News” and use keywords to find news articles dealing with challenges to the book you’ve chosen.  Don’t forget to adjust the date range, or Lexis/Nexis will search only the last six months.  If you learn from the news articles that a particular organization has been challenging that book, you could also check that group’s website.   If you prefer to do library research rather than online research, a good place to start would be the American Library Association’s Newsletter on Intellectual Freedom.  Go to the periodicals room of Morris Library, read the last few issues of that newsletter, and find out where the book in which you’re interested has been challenged.  Then follow up with newspapers from that location (the newsletter will provide the dates you need) and other materials.  You need at least five sources for the paper – print, online, or a combination thereof.

    Before making a definite decision about which book to select, it might save time in the long run to do a quick scan of possible sources of information to be sure that you’re going to be able to find the material you need.   It would be very frustrating to put in the time to read a particular book and then discover that you can find little if anything on why it’s been challenged.

    Write a short summary of the book (two to three pages), followed by two to three pages explaining specifically why it’s been challenged.  Provide as much detail as you can about who has challenged it, where the challenges have occurred, and so forth.  Finally, write two to three pages explaining how the material you found fits in with other things we read in the course.

Option 2:  Read either Margaret Atwood’s The Handmaid’s Tale or Jung Chang’s Wild Swans:  Three Daughters of China.  Write two to three pages summarizing the book, and two to three pages explaining how it deals with issues of intellectual freedom.  Then write two to three pages explaining how it fits in with the relevant material we read in the course.

Option 3:  Read either Narrative of the Life of Frederick Douglass, An American Slave, by Frederick Douglass; or Incidents in the Life of a Slave Girl, by Linda Brent (Harriet Brent Jacobs).  Write two to three pages summarizing the book, followed by two to three pages explaining how the author treated the theme of racial equity.  Then write two to three pages explaining how the author’s quest for basic human rights fits in with the work we’ve done on the post-World War II Civil Rights movement.

History

Option 4:  Using at least five sources (print, online, or a combination thereof), write five to seven pages describing one of the following events and two to three pages demonstrating how it fits in with the relevant material we read in this course:

            The Spanish Inquisition
            Senator Joseph R. McCarthy’s hunt for communists in the state department, film
                industry, universities, and/or military (if you prefer, you can focus on any one of those
                “worlds”)
            The massacre at Beijing’s Tianemen Square
            The events leading up to the racial integration of the U.S. armed services under President
                 Harry S Truman
            The fight over the racial integration of either Little Rock High School or the University
                 of Alabama           
            The origin and history of the Ku Klux Klan.

Law

Option 5:  Choose one of the Supreme Court cases listed below.  Read the decision, and find at least five background sources providing additional information about it.  Among other approaches, you could try typing the name of the case in the Search box in Google,  Yahoo!, etc. to see if any background material turns up.  You could also go to the UD library homepage and click on Databases, then on Lexis/Nexis Academic.  Click on “News” and use keywords to find news articles dealing with the court case you’ve chosen.  Do not use the name of the case as a keyword because news articles rarely identify cases by name.  Instead, use the kinds of words that a reporter is likely to include in a news article:  the names of key people in the lawsuit, the name of the place where the dispute arose, etc.  Don’t forget to adjust the date range, or Lexis/Nexis will search only the last six months.  To find print sources, you could go to the UD library website and search both Delcat and the relevant periodicals.  

Write three to four pages summarizing the background material you found.  Then write three to four pages answering the following questions based on the information provided in the decision:  Who sued whom, and why?  When the case reached the Supreme Court, who won?  By how many votes?  What were the most important reasons that caused the majority of the Court to vote as it did?  If there was a dissent, what were the most important reasons for it?  How did the background material you read influence your understanding of the Supreme Court’s decision?  Finally, write two to three pages explaining how this decision fits in with the relevant material we read in this course.




Supreme Court Cases:

Hazelwood v. Kuhlmeier (1988).  Over the objections of student editors,
a high school principal deleted two stories from the school newspaper:
one on teen pregnancy and the other on the effects of divorce on teenagers
in the family.  Students on the newspaper staff sued the school, claiming that
their rights to free speech and freedom of the press had been violated. http://www.bc.edu/bc_org/avp/cas/comm/free_speech/hazelwood.html

Board of Education v. Pico (1982).  A school board summarily removed books from the school
library on the grounds that the books were “anti-American, anti-Christian, anti-Semitic, and just
plain filthy."  Students asked the courts to restore the books and to vindicate the students’ right
to receive information. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=457&invol=853

Dred Scott v. Sanford (1856):  In this infamous pre-Civil War case, the Supreme Court ruled that people of African descent whose ancestors were enslaved are not citizens and do not automatically acquire a right to freedom when they go from a state that permits slavery to a state that forbids it.  Note:  the beginning of this decision is confusing, but persevere – it’ll make more sense as it goes along.
http://www.tourolaw.edu/patch/Scott/  

Plessy v. Ferguson (1892):  This is the decision establishing the “separate but equal” doctrine that was later overturned in Brown v. Board and other civil rights cases.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=163&invol=537


General Specifications:

    1.  The paper must be typed, double-spaced, in 12-point font.  It should be approximately 7-10 pages in length.  

2.  There should be no footnotes; just indicate in the text where you found the information you are summarizing.  As an example, you might say, “According to [source], the first meeting of the Ku Klux Klan was in . . . .“  If you use direct quotes, cite the reference in parentheses following the quote.  It does not matter what style sheet you use as long as you are consistent throughout the paper.  When citing online sources, give the url.  Options 2 and 3 do not require sources other than the novel or autobiography  you selected, so students who choose those topics will probably not have any citations.  If you quote from the book itself, just give the page number.

3.  Attach a Works Cited page listing all the sources you used for the paper (does not apply to Options 2 and 3).



Paper Grading:

1.    The paper must address one of the options listed here unless you had advance approval to write about something else.

2.    The paper must include all the elements listed in the topic.  As an example, all the topics require you to explain how the new material you learned about while writing the paper fits in with the material we read for class.  Make sure that your paper does this.

3.    All factual statements must be accurate.

4.    All assertions, arguments, and interpretations must be clearly based on the court decisions, law review articles, and news stories you read for this paper.  Be sure to include examples, quotations, and other references to the source material.  Do not use the overall topic of the decision as a springboard for a lengthy statement of personal views that are only tangentially or generically related to the material you are supposed to be analyzing.

5.    It does not matter whether your viewpoints coincide with mine.  I have given As to papers with which I disagreed and Ds to papers with which I agreed; the relevant question is how well the paper meets the standards listed here.

6.    The paper should be written in correct English – spelling, punctuation, subject/verb agreement, etc.  If this has been a problem for you in the past, I strongly recommend setting up an appointment to have someone in the Writing Center review your final draft.  

       7.  I hope this won’t happen, but by way of fair warning -- if you plagiarize all or part of the
paper from either online or print sources, it’s possible that I’ll recognize it (or suspect it and go looking) because I’m fairly familiar with this material.  If that happens, the grade for the paper will be 0, which will result in an F for the course.

    
 
RESPONSE PAPER:  1984

    When Winston is confronted by his greatest fear – great big hairy juicy rats – he cries out, “Do it to Julia!”  Why is that such a major turning point in his life and in the novel?  Why does what he says matter so much?

 
RESPONSE PAPER:  I KNOW WHY THE CAGED BIRD SINGS

Identify and briefly explain three episodes that would have had a particularly negative effect on Marguerite’s self-esteem.  To what extent do you think those episodes damaged her?  Explain your answer.


RESPONSE PAPER:  LETTER FROM BIRMINGHAM JAIL

    To whom was this letter addressed, and what was its main purpose?  Identify and briefly explain three specific arguments King used to support the point he was making.