7365. Speech, Society, and the First Amendment

This course will discuss the theory and doctrine of the First Amendment protections for freedom of expression. Topics and questions discussed will include: What are the historical roots of the First Amendment? What individual and societal values does the First Amendment serve? Is the right to speech absolute? Is it appropriate for courts to classify some speech as “high value” (e.g., political speech) and other speech as “low value” (e.g., commercial speech, hate speech, pornography)? How do courts balance expressive liberty with competing concerns like equality, order, and state neutrality? To what extent is First Amendment jurisprudence shaped by power and politics, and how does it resist broader ideological, institutional, and economic forces?