DSPO 27A45 - The Marketplace of Ideas: The US Supreme Court and Freedom of Expression

Can Communists urge their fellow Americans to oppose an ongoing war? Can children be compelled to salute the American flag in school? Do campaign finance contribution regulations limit free speech? Can the New York Times publish a “top secret” government report? And what types of speech can be banned on social media? The US Supreme Court has answered all of these questions (and many more), playing a pivotal role in shaping the terms of debate and setting legal standards delimiting the scope of state power to regulate speech, the press, and religion. Rather than taking a strictly legalistic perspective, this course will situate the Court in its role as a political institution and actor. Students will be asked to critically assess the Court's First Amendment jurisprudence, to consider its relationship to social, economic, and political developments, and, in doing so, to examine the function of law and the judiciary in the liberal order.

Albert CASTLE

Séminaire

English

Autumn 2022-2023

Participation: 10% Reading Quizzes: 20% Case Presentation: 30% Final Exam: 40%