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WiSe 22/23: Freedom of Expression: Comparative Perspectives

Amy Lai

Information for students

In dieser Lehrveranstaltung besteht Teilnahmepflicht. Weitere Hinweise lesen Sie bitte hier

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Course Description

This course will explore freedom of expression as a fundamental right in democracies. It will first introduce different philosophical foundations of free speech, before comparing the American free speech tradition with other Western traditions, including Germany and the United Kingdom. It will also examine the legal limits of free speech and other less direct forms of speech restriction and look at the regulations of free speech in work settings and universities. The course will draw extensively upon Anglo-American scholarship and utilize legal texts and examples from various Western countries.

Student Learning Objectives and Outcomes

Students with deepen their understanding of free speech traditions and philosophical foundations in different jurisdictions.
Students will appreciate the importance of freedom of expression and its limits and learn the importance of defending other people’s right to express opinions different from their own.
Students will be able to articulate perspectives and arguments on complex free-speech related problems.

Reading Materials

Part I: Law journal articles for philosophical foundations of free speech; Part II and III: Constitutions, statutes, and judicial decisions; Part IV & V: legal texts, book chapters, law journal articles, and media materials; Part VI: newspaper and media materials.

Course Structure

(each section will span approximately 2 weeks of teaching)

I. Intro & Philosophical Foundation of Free Speech

Natural Law
Law and Economics, Utilitarianism…
Question: Which is the most persuasive?

II. The American Tradition

Why is the “First Amendment” the “First Amendment”?
Development of Free Speech doctrine e.g. the Civil Rights Movement … etc.
Question: How does the U.S. tradition differ from your understanding of free speech?

III. Traditions in Other Western Nations

European Union Law
U.K., Germany … etc.
Question: Which tradition do you prefer?

IV. Legal Limits & Indirect Speech Regulations

Laws on defamation, hate speech, and harassment
Indirect: how speech laws intersect with laws on privacy, copyright, and possibly others
Compelled speech: e.g. food labels
Question: How should hate speech be defined? When is compelled speech unjustifiable? Can compelled speech ever be justified?

V. Speech Regulations

Work settings - should an employer be able to fire you for what you say, even outside of work and on social media platforms?
University campuses - why is free speech important in universities?
Question: Should universities be “safe spaces”?

VI. Revision and Last Question: Is Free Speech Enough?

E.g. within the limits of the law, are there limits on what we should say? In universities and society, does the pursuit of truth trump everything?

Grading Policy

One final exam close

16 Class schedule

Regular appointments

Mon, 14:00 - 16:00 16 Class schedule

Mon, 2022-10-17 14:00 - 16:00

Lecturers:
Dr. Tak Yee Amy Lai