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JOHN CABOT UNIVERSITY
COURSE CODE: "CMS/PL 322"
COURSE NAME: "Free Speech in a Comparative Perspective"
SEMESTER & YEAR:
Spring 2017
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SYLLABUS
INSTRUCTOR:
Pamela Harris
EMAIL: [email protected]
HOURS:
TTH 11:30AM 12:45PM
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:
| Book Title | Author | Publisher | ISBN number | Library Call Number | Comments | Format | Local Bookstore | Online Purchase |
| Perilous Times | Geoffrey Stone | Norton | 9780393058802 | JC591 .S76 | | | | |
| The First Amendment in cross-cultural perspective : a comparative legal analysis of the freedom of speech | Ronald J Krotoszynski | NYU Press | 9780814747872 | K3254 .K76 | | | | |
| Hate Crimes in Cyberspace | Danielle Citron | Harvard | 9780674368293 | ebook | | | | |
| Extreme Speech and Democracy | Ivan Hare, James Weinstein | Oxford | 9780191563485 | ebook | | | | |
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REQUIRED RESERVED READING:
| Book Title | Author | Publisher | ISBN number | Library Call Number | Comments |
| The Corporate Free-Speech Movement: Cognitive Feudalism and the Endangered Marketplace of Ideas | Robert Kerr | Law and Society | 9781593322939 | ebook | |
RECOMMENDED RESERVED READING:
| Book Title | Author | Publisher | ISBN number | Library Call Number | Comments |
| Only Words | Katherine MacKinnon | Harvard | 9780674639348 | KF4772 .M33 | |
| The Net Delusion: the dark side of internet freedom | Evgeny Morozov | Public Affairs | 9781586488758 | ebook | |
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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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Week I
Jan 17, 19
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Introduction
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Charlie Hebdo
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Week II
Jan 24, 26
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Philosophical and Political Foundations of Free Speech
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J.S. Mill, On Liberty
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Week III
Jan 31, Feb 2
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History of Free Speech in the U.S.
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Stone, Perilous Times, Ch. 3: pp. 136-139, 151-187, 192-211, 230-233 Ch. 5: pp. 312-314, 323-341, 395-423 Ch. 6: pp. 471-482, 500-525 Conclusion: 528-558
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Week IV
Feb 7, 9
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Fundamental rights in a comparative perspective: Canada, Germany, UK, Italy
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Krotoszynski, pp. 1-28, 93-98, 183-189
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Week V
Feb 14, 16
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Political Speech
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USSC, Holder v. Humanitarian Law Institute; Hare & Weinstein, chapters 22-23.
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Week VI
Feb 21, 23
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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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Week VII
Feb 28, Mar 2, 3
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Mock Trial: debate
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Written argument due
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Weeks VIII&IX
Mar 7, 9, 14, 16
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Free Speech and Civility: Hate Speech
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Whitman, Enforcing Civility; Michel Rosenfeld, Hate Speech in Constitutional Jurisprudence: A Comparative Analysis; Citron, Hate Crimes in Cyberspace
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Week X
Mar 21, 23
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Sexually-explicit speech
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Krotoszynski, ch. 3, pp. 69-82 (Canada); Katherine MacKinnon, Only Words, pp. 45-110.
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Week XI
Mar 28, 30
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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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Week XII
Apr 11, 13
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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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Week XIII
April 18, 20
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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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Week XIV
April 27
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Free Speech as a Human Right
Review Session
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Krotoszyncki, ch. 7
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Apr 29 – May 5
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Final exam period
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