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JOHN CABOT UNIVERSITY

COURSE CODE: "LAW/CMS 322"
COURSE NAME: "Free Speech in a Comparative Perspective"
SEMESTER & YEAR: Fall 2024
SYLLABUS

INSTRUCTOR: Pamela Harris
EMAIL: [email protected]
 HOURS: TTH 4:30 PM 5:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: Prerequisite: Junior or Senior Standing
OFFICE HOURS:
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.
SUMMARY OF COURSE CONTENT:

1.   Philosophical Foundations of Freedom of Speech and their contemporary relevance 

2.   Free speech as a human right

3.   Political Speech in the United States

4.   Free Speech and False Speech

5.   Hate Speech

6.   Free Speech on College Campuses

7.    Defamation/Privacy

8.   Free Speech and Intellectual Property

9.   Corporate Free Speech

10. The Privatization of Free Speech

11.  Free speech as a Human Right
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 and the political force of free speech arguments.

5.   Skills in legal research, reasoning, writing and advocacy.
TEXTBOOK:
NONE
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
ParticipationCome to class, be prepared, pay attention, listen to others and contribute.10%
Mock trial Oral argument and written brief/decision20%
Final exam 20%
Research Paper8-10 page paper, on a topic to be agreed upon with the instructor.30%
2 jurisdictional reports, on hate speech and defamation law 20% (10% each)

-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. When taking one of these free absences, you may attend class remotely. 
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.
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.
SCHEDULE

1.     Contemporary conflicts over free speech in democratic societies: disinformation in the private public sphere. Free speech jurisdictions.

2.     Philosophical foundations of free speech: Mill

3.     Philosophical foundations of free speech: Mill, Meiklejohn

4.     Free speech as a human right.

5.     Political speech in the U.S. I

6.     Watch Citizenfour

7.     Political speech in the U.S. II

8.     Free Speech and False Speech

9.     Free Speech and False Speech

10.  Hate speech

11.   Hate speech.

12.  Hate speech around the world: jurisdictional report #1 due

13.  Mock trial prep

14.   Mock trial oral argument

15.   Mock trial oral argument

16.   Defamation: U.S.

17.   Comparative defamation law. Jurisdictional report #2 due

18.   Privacy and reputation on the internet

19.   Right to be forgotten in Europe and the U.S.

20.   Free speech and Intellectual Property

21.   Free speech and Intellectual Property

22.   Corporate free speech

23.   The privatization of free speech

24.   The privatization of free speech