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

Legal Argumentation and Debate: First Amendment Issues in Context

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