Speech, Press & the Constitution

3 units

This course is intended to provide an overview of the law of the free speech and press clauses of the First Amendment to the U.S. Constitution. The focus will be (1) on the development of First Amendment law over time from its origins through to modern issues of free speech in cyberspace, as well as (2) on the philosophical and normative justifications for both the general principle of freedom of expression and recognized or proposed exceptions to that principle. In examining these issues, we will cover (among other topics): incitement to criminal action, hate speech and fighting words, sexually explicit expression, commercial speech, defamation, and content-neutral regulations of speech. Attendance and participation are essential. Please note that laptop computers are not permitted in class. There will be a timed modified open-book final exam. 3 units.