Speech, Press, & the Constitution

3 units

Prerequisite: Constitutional Law. This three-unit course introduces students to the major theoretical and practical issues in the constitutional law of free expression. The course begins with a look at theoretical questions. Why does the First Amendment protect expressive freedom? How should we define the freedom of speech, and how should courts define the limits of the First Amendment's scope? How do different sorts of interactions between government actors and private speakers affect our understanding of the First Amendment's function? With these questions in mind, the course surveys significant problems in First Amendment doctrine. Beginning with the Supreme Court's foundational decisions on advocacy of unlawful action, this survey encompasses such issues as pornography, hate speech, censorship of student expression, campaign finance regulation, and speech on government property. The final portion of the course examines First Amendment rights that may be analytically distinct from the core freedom of speech, including the freedom of the press, freedom of expressive association, and freedom from compelled expression. Students' grades will depend primarily on an in-school examination. 3 units