Legal Argumentation and Debate: First Amendment Issues in Context

Sylabus

In case distance learning is required by government, we will hold our lessons via Zoom.

Sean Davidson

Course Objectives: 1) to examine high court cases on the First Amendment and issues related to freedom of expression, freedom of religion, and freedom of the press; 2) to compare and assess the U.S. Supreme Court decisions to those of other courts, including the European Court of Human Rights; 3) to develop skills of reasoning and critical analysis, especially through arguing and deciding cases in moot court exercises.

Course Requirements: Obtain at least 55/100 assessment points (see below)

Final Marks:

(A-E, Erasmus) A: 91-100 B: 82-90 C: 73-81 D: 64-72 E: 55-63

(1-3, regular curriculum students) 1: 89-100 2: 75-88 3: 55-74

Final Mark Assessment:

Moot Court activity: 50% Final Exam: 50%

Course Program:

Week 1: Course introduction

· Interpreting the First Amendment

· Is religion special?

· Considering psychology studies

Week 2: Establishment clause - religious symbols in public places

· Lynch v. Donnelly (nativity scene)

· Allegheny v. ACLU (nativity scene)

· Analysing the endorsement test

Week 3: Religious symbols in public places (cont’d.)

· Van Orden v. Perry (ten commandments)

· Town of Greece v. Galloway (prayer at town meetings)

· Ceremonial deism

Week 4: ungraded moot court exercise

Week 5: Freedom to publish

· New York Times v. United States (Pentagon Papers)

· Nebraska Press v. Stuart (media coverage of trials)

Week 6: Right to be forgotten (right to erasure) – EU perspective

· German case concerning murderer’s right to be forgotten

· Dutch surgeon case

· Comparison to U.S. Supreme Court (Florida Star v. B.J.F.)

Week 7: Right to gather news

· Branzburg v. Hayes (anonymous sources)

· Comparison to ECtHR

Week 8: graded moot court activity

Week 9: Indecent expression

· FCC v. Pacifica Foundation (broadcasting vulgar speech)

· Erzoznik v. Jacksonville (publicly visible screen nudity)

Week 10: regulation of social media and related issues

Anotace

This course focuses on judicial decisions in various cases involving the First Amendment to the U.S. Constitution, which protects freedom of expression, freedom of the press, and freedom of religion. Students will be required to analyse U.S. Supreme Court decisions and form legal arguments in both class discussions and formal moot court debate exercises. This course concerns the following issues relating to the First Amendment: presence of religious symbols in public places; freedom of the press (including both news gathering and leaking); obscene and indecent expression; religious and political expression in the workplace. The objectives of this course are:

1) to deepen students’ understanding of U.S. interpretation of freedom of expression;

2) to provide students the context to compare and assess various approaches to such issues;

3) to provide the framework for students to determine the appropriate boundaries of individual freedoms; and

4) to aid students in acquiring and using sophisticated legal English vocabulary and grammar. This course is designed as a follow-up to the winter semester course titled "Legal Reasoning: First Amendment Case Law", yet naturally this course covers different topics and entirely new cases and principles that are not covered in the winter semester course. The instructor prepares the materials for the course from the selected bibliography below, along with other supplementary materials from the U.S. Supreme Court’s database. Irons, Peter (Editor,

1997). May it Please the Court: The First Amendment. The New Press. Stone, Geoffrey (et al.) (2008). The First Amendment. Aspen Publishers. Sullivan, Kathleen M. and Gunther, Gerald (2010). The First Amendment Law, 4th edition. Foundation Press.