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Constitutional Law: Free Speech

Past Offerings

Constitutional Law: Free Speech (7012): This course will introduce students to the doctrine and theory of the constitutional law of freedom of speech, as well as some of the basic principles that govern the enforcement of freedom of the press and freedom of association. Topics explored in the course will include: advocacy of unlawful conduct, defamation, commercial speech, offensive speech, incidental regulations of speech, protest in public places, campaign finance and government subsidies of speech. Readings will be provided digitally, no casebook required. Grading will be based on class participation and a final exam.

Sections

Constitutional Law: Free Speech | LAW 7012 Section 01 Class #1075

  • 4 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2023-2024 Winter
    Schedule No Longer Available
  • Exam:
    • One-Day Take-Home Exam
  • Exam:
      • Details to come
  • Learning Outcomes Addressed:
    • LO1 - Substantive and Procedural Law
    • LO2 - Legal Analysis and Reasoning
  • Course Category:
    • Public Law

  • 2023-2024 Winter
    Schedule No Longer Available

Constitutional Law: Speech and Religion (7012): This is a course about the freedoms of speech, press, religion, association, and assembly under the First Amendment. Two- thirds of the course will be about freedoms of speech, press, and assembly. We will examine historical context, doctrinal development, and current caselaw. We will ask why government regulates speech (to prevent harms? to protect sensibilities? to redistribute power? to advance the interests and ideas of the politically powerful?), how government regulates speech (by aiming at messages? by aiming at markets? by aiming at when and where speech takes place? by conditioning subsidies?), and what justifications are ever sufficient for limiting speech. We will include consideration of the institutional press and new technologies including the Internet, as well as the rights of private organizations to determine their membership and organization. About a third of the course will be about religion. We will ask how the twin constraints of the Free Exercise and Establishment Clauses relate, looking especially at notions of neutrality, voluntarism, separation, and accommodation. Readings will be provided digitally, no casebook required. Elements used in grading: Class participation, Exam.

Sections

Constitutional Law: Speech and Religion | LAW 7012 Section 01 Class #1084

  • 4 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2022-2023 Winter
    Schedule No Longer Available
    • 1L: Winter Elective (Open to First-Year JD Students)
  • Exam:
    • One-Day Take-Home Exam
  • Exam:
      • Remote: Details to come
  • Course Category:
    • Public Law

  • 2022-2023 Winter
    Schedule No Longer Available

Constitutional Law: Speech and Religion (7012): This is a course about the freedoms of speech, press, religion, association, and assembly under the First Amendment. Two- thirds of the course will be about freedoms of speech, press, and assembly. We will examine historical context, doctrinal development, and current caselaw. We will ask why government regulates speech (to prevent harms? to protect sensibilities? to redistribute power? to advance the interests and ideas of the politically powerful?), how government regulates speech (by aiming at messages? by aiming at markets? by aiming at when and where speech takes place? by conditioning subsidies?), and what justifications are ever sufficient for limiting speech. We will include consideration of the institutional press and new technologies including the Internet, as well as the rights of private organizations to determine their membership and organization. About a third of the course will be about religion. We will ask how the twin constraints of the Free Exercise and Establishment Clauses relate, looking especially at notions of neutrality, voluntarism, separation, and accommodation. Readings will be provided digitally, no casebook required. Elements used in grading: Class participation, Exam.

Sections

Constitutional Law: Speech and Religion | LAW 7012 Section 01 Class #1051

  • 4 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2021-2022 Winter
    Schedule No Longer Available
    • 1L: Winter Elective (Open to First-Year JD Students)
  • Exam:
    • One-Day Take-Home Exam
  • Exam:
      • Remote: Details to come
  • Course Category:
    • Public Law

  • 2021-2022 Winter
    Schedule No Longer Available
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