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William Douglas
- Idea 1 (pg. 199): "The association of people is not mentioned
in the Constitution nor the Bill of Rights. The right to educate a
child in a school of the parents choice- whether public, private,
or patriarchal- is also not mentioned. Nor is the right to study
any particular subject or foreign language. Yet the first
amendment has been construed to include certain of those
rights."
- Idea 2 (pg. 199): " The right of freedom of speech and press
includes not only the right to utter or print, but the right to
distribute, the right to receive and the right to read, and
freedom of inquiry, freedom of thought, and freedom to teach-
indeed the freedom of the entire university community. Without
those peripheral rights, the specific rights would be less
secure."
- Idea 3 (pg. 200): "In Schware vs. Board of Bar examiners, 353
US 232, we held it not permissible to bar a lawyer from practice
because he had once been a member of the communist party."
- Idea 4 (pg. 200): "The right of association, like the right of
belief is more than the ability to attend a meeting, it includes
the right to express ones attitudes or philosophies in a group or
by affiliation with it or by other lawful means."
-Idea 5 (pg. 201): "Would we allow the police to search the
sacred precincts of marital bedrooms for the telltale signs of the
use of contraceptives?"
Hugo Black
- Idea 1 (pg. 202): "Strongly as I desire to protect all first
amendment freedoms, I am unable to stretch the amendment as
to offer protection to the conduct of these defendants in
violating Connecticut law."
- Idea 2 (pg. 203): "Privacy is a broad, abstract, and ambiguous
concept"
- Idea 3 (pg. 203): "I am nevertheless compelled to admit that
government has a right to invade it (privacy) unless prohibited
by some specific constitutional provision."
- Idea 4 (pg. 204): " If these formulas based on "natural justice"
or other which mean the same thing are to prevail, they require
judges to determine what is or is not constitutional based on the
basis of their own appraisal of what laws are unwise or
unnecessary."
- Idea 5 (pg. 205): "The adoption of such a loose, flexible,
uncontrolled standard for holding laws unconstitutional, if it is
ever achieved, will amount to a great unconstitutional shift of
power to the courts which i believe and am constrained to say
will e bad for the courts, and worse for the country."
The argument presented by William Douglas suggests that
the Bill of Rights does not necessarily guarantee privacy but
does protect individuals from scrutiny resulting from a lack of
privacy. The case of Schware vs. Board of Bar examiners
provides an example of how a lawyer who had been a member
of the communist party is not protected from the potential
widespread knowledge of their affiliation with the party, but it
does protect them from discrimination in finding employment.
The same should be true of married couples who have faced
legal trouble for not adhering to archaic laws such as a ban on
contraceptives. Laws should reflect cultural values, which may
suggest some increased level of flexibility from county to
county. William Douglas more broadly may be suggesting a
more bottom up process to navigating and altering what is
considered constitutional. Some scholars would find Douglas'
appeal to emotion and ethics (pathos and logos) to be a weak
point in his argument. However, appealing strictly to logic
suggests that humans are only rational beings void of
meaningful feelings and values.
DF #1: “Does the Bill of Rights to the US Constitution
Guarantee a Right to Privacy?”
Contrasting Views Ideas Lists: There are four pairs of articles
that you must read during the quarter for this exercise. As you
read the work of each author, please identify the five (5) most
important ideas that each person makes in their respective
piece. Yes, you get to choose them. Post your list in the proper
discussion forum. Also, please make sure that you take the
authors’ words verbatim – don’t interpret or paraphrase
anything here. Every item needs a page number.
Last Name of Author A Last Name of Author B
-Idea 1 (p. __) -Idea 1 (p. __)
-Idea 2 (p. __) -Idea 2 (p. __)
-Idea 3 (p. __) -Idea 3 (p. __)
-Idea 4 (p. __) -Idea 4 (p. __)
-Idea 5 (p. __) -Idea 5 (p. __)
*Please note that if you do not post by the stated due date and
time, then the most you can earn is half credit: 5/10 points.
Contrasting Views Compelling Position Paragraphs: After you
have read the pairs of articles and made your lists of ideas,
please write a detailed paragraph that explains which position
(i.e. which author) you find more convincing and why. You
must make reference to two (2) separate points that author
makes in his or her piece. Note: Do not make any references to
the other author here. These paragraphs should be seven to ten
plus (7-10+) sentences long and must include parenthetical
citations (p. __) for all brief quotes (yes, brief – I don’t want to
see any long quotes here; paraphrase as much as possible) and
any major ideas that are not yours.
Post Rubric
+0-4 points for explaining the author’s first
argument/piece of evidence
+0-4 points for explaining the author’s second
argument/piece of evidence
+0-2 points for organization, clarity, and grammar
*Please note that if you don’t post by the specified due date and
time, then the most you can earn is half credit: 5/10 points.
Lastly, you are never graded on your opinions, rather how
thoroughly you articulate ideas in the excerpts.
Contrasting Views Position Responses: Read over what your
classmate’s posted and reply to two (2) people of your choice
(yes, this includes me if/when I ask a question). It’s okay if
you end up replying to the same person twice. What you write
should reference specific details in your peer’s work and offer a
meaningful point that draws on the content from the article(s).
Ask questions. Your posts should advance the conversation, not
rehash your original paragraph. In short, “Great post, Tim! I
totally agree with everything you said,” is NEVER acceptable.
Your retort should be at least four to five plus (4-5+) sentences
long.

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William Douglas- Idea 1 (pg. 199) The association of people .docx

  • 1. William Douglas - Idea 1 (pg. 199): "The association of people is not mentioned in the Constitution nor the Bill of Rights. The right to educate a child in a school of the parents choice- whether public, private, or patriarchal- is also not mentioned. Nor is the right to study any particular subject or foreign language. Yet the first amendment has been construed to include certain of those rights." - Idea 2 (pg. 199): " The right of freedom of speech and press includes not only the right to utter or print, but the right to distribute, the right to receive and the right to read, and freedom of inquiry, freedom of thought, and freedom to teach- indeed the freedom of the entire university community. Without those peripheral rights, the specific rights would be less secure." - Idea 3 (pg. 200): "In Schware vs. Board of Bar examiners, 353 US 232, we held it not permissible to bar a lawyer from practice because he had once been a member of the communist party." - Idea 4 (pg. 200): "The right of association, like the right of belief is more than the ability to attend a meeting, it includes the right to express ones attitudes or philosophies in a group or by affiliation with it or by other lawful means." -Idea 5 (pg. 201): "Would we allow the police to search the sacred precincts of marital bedrooms for the telltale signs of the use of contraceptives?" Hugo Black - Idea 1 (pg. 202): "Strongly as I desire to protect all first
  • 2. amendment freedoms, I am unable to stretch the amendment as to offer protection to the conduct of these defendants in violating Connecticut law." - Idea 2 (pg. 203): "Privacy is a broad, abstract, and ambiguous concept" - Idea 3 (pg. 203): "I am nevertheless compelled to admit that government has a right to invade it (privacy) unless prohibited by some specific constitutional provision." - Idea 4 (pg. 204): " If these formulas based on "natural justice" or other which mean the same thing are to prevail, they require judges to determine what is or is not constitutional based on the basis of their own appraisal of what laws are unwise or unnecessary." - Idea 5 (pg. 205): "The adoption of such a loose, flexible, uncontrolled standard for holding laws unconstitutional, if it is ever achieved, will amount to a great unconstitutional shift of power to the courts which i believe and am constrained to say will e bad for the courts, and worse for the country." The argument presented by William Douglas suggests that the Bill of Rights does not necessarily guarantee privacy but does protect individuals from scrutiny resulting from a lack of privacy. The case of Schware vs. Board of Bar examiners provides an example of how a lawyer who had been a member of the communist party is not protected from the potential widespread knowledge of their affiliation with the party, but it does protect them from discrimination in finding employment. The same should be true of married couples who have faced legal trouble for not adhering to archaic laws such as a ban on contraceptives. Laws should reflect cultural values, which may suggest some increased level of flexibility from county to
  • 3. county. William Douglas more broadly may be suggesting a more bottom up process to navigating and altering what is considered constitutional. Some scholars would find Douglas' appeal to emotion and ethics (pathos and logos) to be a weak point in his argument. However, appealing strictly to logic suggests that humans are only rational beings void of meaningful feelings and values. DF #1: “Does the Bill of Rights to the US Constitution Guarantee a Right to Privacy?” Contrasting Views Ideas Lists: There are four pairs of articles that you must read during the quarter for this exercise. As you read the work of each author, please identify the five (5) most important ideas that each person makes in their respective piece. Yes, you get to choose them. Post your list in the proper discussion forum. Also, please make sure that you take the authors’ words verbatim – don’t interpret or paraphrase anything here. Every item needs a page number. Last Name of Author A Last Name of Author B -Idea 1 (p. __) -Idea 1 (p. __) -Idea 2 (p. __) -Idea 2 (p. __) -Idea 3 (p. __) -Idea 3 (p. __) -Idea 4 (p. __) -Idea 4 (p. __) -Idea 5 (p. __) -Idea 5 (p. __) *Please note that if you do not post by the stated due date and time, then the most you can earn is half credit: 5/10 points. Contrasting Views Compelling Position Paragraphs: After you have read the pairs of articles and made your lists of ideas, please write a detailed paragraph that explains which position (i.e. which author) you find more convincing and why. You must make reference to two (2) separate points that author makes in his or her piece. Note: Do not make any references to the other author here. These paragraphs should be seven to ten plus (7-10+) sentences long and must include parenthetical citations (p. __) for all brief quotes (yes, brief – I don’t want to
  • 4. see any long quotes here; paraphrase as much as possible) and any major ideas that are not yours. Post Rubric +0-4 points for explaining the author’s first argument/piece of evidence +0-4 points for explaining the author’s second argument/piece of evidence +0-2 points for organization, clarity, and grammar *Please note that if you don’t post by the specified due date and time, then the most you can earn is half credit: 5/10 points. Lastly, you are never graded on your opinions, rather how thoroughly you articulate ideas in the excerpts. Contrasting Views Position Responses: Read over what your classmate’s posted and reply to two (2) people of your choice (yes, this includes me if/when I ask a question). It’s okay if you end up replying to the same person twice. What you write should reference specific details in your peer’s work and offer a meaningful point that draws on the content from the article(s). Ask questions. Your posts should advance the conversation, not rehash your original paragraph. In short, “Great post, Tim! I totally agree with everything you said,” is NEVER acceptable. Your retort should be at least four to five plus (4-5+) sentences long.