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JOHN CABOT UNIVERSITY
COURSE CODE: "CMS/LAW 322"
COURSE NAME: "Free Speech in a Comparative Perspective"
SEMESTER & YEAR:
Summer Session II 2020
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SYLLABUS
INSTRUCTOR:
Pamela Harris
EMAIL: [email protected]
HOURS:
Remote Learning
TOTAL NO. OF CONTACT HOURS:
45
CREDITS:
3
PREREQUISITES:
Prerequisite: Junior or Senior Standing
OFFICE HOURS:
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COURSE DESCRIPTION:
An introduction to the major problems posed by the right to free speech: the origins and scope of this right, the problems in defining it, the values that it promotes as well as the values that it compromises. This course examines the political and cultural variables shaping the right to free speech by examining its role in many different jurisdictions. Focusing on concrete conflicts over political speech, freedom of religious conscience, hate speech, sexually-explicit speech, the protection of privacy, reputation and intellectual property, we look at constitutional case law and commentary in many different liberal democracies and the jurisprudence of the European Court of Human Rights. Through intense engagement with primary legal materials, class debate and a mock trial, this course will be especially useful for potential law students, journalists, philosophy and religious studies students, and anyone seeking a better understanding of his or her rights in a democratic society.
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SUMMARY OF COURSE CONTENT:
1. Philosophical Foundations of Freedom of Speech
2. The History of Free Speech in the United States
3. Fundamental Rights in a Comparative Perspective: Canada, Germany, UK, France, Italy
4. Free Speech and National Security: terrorism, state secrets and classified information
5. Hate Speech
6. Sexually-explicit Speech
7. Defamation/Privacy
8. Corporate Free Speech
9. Free speech as a Human Right
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LEARNING OUTCOMES:
1. Understanding of the basic political and philosophical issues arising from claim of free speech rights in multiple political and legal
cultures.
2. Understanding of constitutional context of freedom of speech in many different areas, and its influence on the exercise of free
speech.
3. Familiarity with the law framing the rights of outspoken citizens and journalists in many different jurisdictions.
4. Enriched understanding of current events.
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TEXTBOOK:
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REQUIRED RESERVED READING:
RECOMMENDED RESERVED READING:
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GRADING POLICY
-ASSESSMENT METHODS:
| Assignment | Guidelines | Weight |
| Participation | Come to class, be prepared, pay attention, listen to others and contribute. | 10% |
| Mock trial | Oral argument and written brief/decision | 30% |
| Final exam | | 30% |
| Research Paper | 8-10 page paper, on a topic to be agreed upon with the instructor. | 30% |
-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the issue and demonstrates a nuanced understanding of the strongest arguments on both sides, and a creative resolution
BThis is highly competent level of performance and directly addresses the question or problem raised. There is a demonstration of some ability to critically evaluate theory and concepts and relate them to practice. Work at this level demonstrates an ability to provide strong reasons for a certain position. Discussions reflect the student’s own critical assessment, going beyond the simple description of lecture and reference material.
CThis is an acceptable level of performance and provides answers that are clear but limited, describing the basic information offered in the lectures and reference readings, but not critically engaging with it.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material. Important information is omitted, irrelevant points included, or basic errors have been made.
FThis work fails to show any knowledge or understanding of the issues raised in the question, or is lacking in basis academic integrity.
-ATTENDANCE REQUIREMENTS:
Class Participation, for which attendance is fundamental, is 10% of your final grade. You get two "free" absences (no excuse necessary), after which they will start to pull down this part of your grade.
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ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic
dishonesty will receive a failing grade on the work in which the dishonesty occurred.
In addition, acts of academic dishonesty, irrespective of the weight of the assignment,
may result in the student receiving a failing grade in the course. Instances of
academic dishonesty will be reported to the Dean of Academic Affairs. A student
who is reported twice for academic dishonesty is subject to summary dismissal from
the University. In such a case, the Academic Council will then make a recommendation
to the President, who will make the final decision.
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STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap.
Students with approved accommodations must inform their professors at the beginning
of the term. Please see the website for the complete policy.
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SCHEDULE
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1
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Introduction
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Charlie Hebdo
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2
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Philosophical and Political Foundations of Free Speech
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J.S. Mill, On Liberty
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3
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History of Free Speech in the U.S.
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4
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Fundamental rights in a comparative perspective: Canada, Germany, UK, Italy
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5
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Political Speech
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Fake news in the marketplace of ideas
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6
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Mock Trial: preparation
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State Secrets and Freedom of the Press to expose illegal government activity: Pentagon Papers (Stone, pp. 501-519); Edward Snowdon; Citizenfour
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7
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Free Speech and Civility: Hate Speech
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Whitman, Enforcing Civility; Citron, Hate Crimes in Cyberspace
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8
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Sexually-explicit speech
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Katherine MacKinnon, Only Words, pp. 45-110.
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9
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Libel and Defamation
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Krotoszynski, pp. 104-118 (Germany); US: New York Times v. Sullivan; UK: Reynolds v. Times; Krotoszynski, “Defamation in the Digital Age”; Italy
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10
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Free Speech and Privacy
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Whitman, “Two Western Cultures of Privacy”; Morozov, The Net Delusion; ECJ, Google Spain v. AEPD
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11
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Corporate Free Speech
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Kerr, The Corporate Free-Speech Movement; Wu, “The Right to Evade Regulation”
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12
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Free Speech as a Human Right
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Krotoszyncki, ch. 7
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