U.S. Free Speech Law

2 Credit Hours

This course will study the constitutional protection of free expression by the First Amendment of the U.S. Constitution. The questions to be examined will include: (1) Why do we choose to provide special protection to free expression? (2) How do we distinguish, on both intellectual and practical levels, between protected expression and unprotected conduct? and (3) When, if ever should government be deemed to have power to regulate activity appropriately characterized as expression? Specific doctrinal issues to be considered include advocacy of unlawful conduct, false statements of fact, obscenity, offensive speech, threats, speech owned by others, commercial advertising, regulation of campaign finance, the rights of association and non-association, and government acting in special capacities such as landlord or subsidizer.