601:639. FREEDOM OF EXPRESSION: COMPARATIVE PERSPECTIVES (2) WI
Prerequisite: Constitutional Law (601:506).
This course and Freedom of Expression in the 21st-Century (601:602) are mutually exclusive.
This course will cover the basic theories and structure of First Amendment free speech jurisprudence. It will examine how First Amendment law has evolved over the past century to address such issues as incitement, national security, hate speech, campaign speech, the role of the press, defamation, privacy, compelled speech, commercial speech, intellectual property, and government speech. The course will focus on the ways in which American free speech law balances freedom of expression with other values such as equality, dignity, security, consumer protection, and privacy. It will then (in approximately the last quarter of the course) turn to select case studies of how other national (Canada and UK) and super-national (EU) regimes strike very different balances. The course may feature participation where appropriate by a practicing lawyer on select issues.