Sylabus
Week 1: intro to the First Amendment · principles of freedom of speech/expression · what constitutes speech/expression Week 2: hate speech /extremist expression under the First Amendment · incitement principle: Brandenburg v. Ohio (speech of KKK) · The Skokie controversy Week 3: ECtHR case analysis · Norwood v. United Kingdom (hostility toward a religious group) · Perincek v. Switzerland (Armenian genocide denial) · Waldron’s “dignity” argument Week 4: threatening speech · true threats principle: Planned Parenthood v. ACLA (controversial anti-abortion website) Week 5: personally offensive speech · Hustler v. Falwell (satire involving public figures) · Snyder v. Phelps (funeral protest) Week 6: symbolic speech · U.S. v. O’Brien (burning of the draft card) · Texas v. Johnson (flag burning) Week 7: student speech rights in public schools · Tinker v. Des Moines (armband political protest) · Bethel v. Fraser (lewd and indecent speech) · Morse v. Frederick (drug reference) Week 8: First Assessment – Moot Court · [two teams of 3 lawyers – all other students are judges] Week 9: prohibition of establishment of religion · approaches to secularism · secularism in schools: Wallace v. Jaffree, Lee v. Weisman Week 10: free exercise of religion · Employment Division v. Smith (drug use in religious ritual) · Lukumi Babalu Aye v. Hialeah (animal sacrifice) Masterpiece Cakeshop v. Colorado (cake for same-sex wedding refusal) Course Goals / Learning Outcomes: The objectives of this course include the following:
1) to deepen students’ understanding of U.S. interpretation of freedom of expression and religion;
2) to provide context for students to compare and assess various approaches to such issues;
3) to provide a framework for students to evaluate the applicability and merits of First Amendment legal arguments in potential future cases;
4) to aid students in acquiring and using sophisticated legal English vocabulary and grammar.