Free Speech Law

This course examines the history, theory, and jurisprudence of the First Amendment’s Free Speech Clause. It focuses on the coverage of the First Amendment and how courts protect core interests in free expression. Special attention is given to rhetorical methods of judicial interpretation with primary concentrations being on self-expression, public discourse, and the quest for truth. The course uses that framework to parse free speech jurisprudence in prominent areas that include incitement, obscenity, true threats, fighting words, overbreadth, under-inclusiveness, commercial speech, campaign finance reform, parody, government-compelled speech, professional speech, public protests, flag burning, internet expression, and similar topics. The course teaches students to identify, understand, and extrapolate black letter law, analytical reasoning, historical rhetoric, normative values, democratic principles, and other formulative values that inform Supreme Court doctrines.