Freedom of Speech

Fall Semester, 2000
 
 
 

INSTRUCTOR: Norma Cox Cook, T-101 McClung Tower, 974-7067

OFFICE HOURS: 1:00-2:00 MWF and by appointment (You are welcome without appointments at all other times that I am in my office.)
 

TEXT: Tedford, Thomas L. Freedom of Speech in the United States. 3rd ed. 1997.
 
 
 

This course is designed to provide historical, legal, and philosophical perspectives on freedom of expression in the United States. Particular emphasis is given to gaining an understanding of, and engaging in critical thinking about, issues focusing on speech content, situational factors, and communication media.
 

1. Readings from the text and its web Update at http://www.bc.edu/free_speech/; viewing of one video in the Audiovisual Department of Hodges Library
 

2. Class attendance and participation in class discussions: Specific topics are listed on the schedule of classes.
 

3. Current controversies: Students are to collect information about freedom of speech controversies that occur during the current term. On designated days, each student is to submit a bibliography of sources of the information found for the time period covered and also to contribute to class discussion of the issues raised. Grading scale: total of 34-28 with entries for each time period A, 27-21 B, 20-14 C, 13-7 D, 6-0 F
 

4. A research paper on any aspect of freedom of speech in the United States; 7 to 9 pages of typed or computer-printed text plus a Works Cited section
 

5. Three in-class examinations and one take-home examination in the form of a written analysis of a hypothetical case related to the unit on the public forum
 

Final Grade

20% - Class participation; Current controversies (10% each)

60% - Four examinations (15% each)

20% - Research paper
 

Research Papers

Topics should be selected by mid-term. Research should include some primary materials (such as texts of court decisions rather than excerpts from secondary sources). The paper should be logically and clearly organized with an introduction, body, and conclusion. Sources should be properly documented with parenthetical documentation within the text of the paper and a Works Cited at the end according to the style of the MLA Handbook for Writers of Research Papers, 5th edition. The paper should be typed or printed on a computer. Careful attention should be given to language usage and to writing mechanics, and papers should be proofread carefully in order to avoid misspellings and inaccuracies due to typing errors. Writing errors will result in a lower grade.
 

Penalties

1. All assignments must be completed to receive a passing grade in the course. Students who miss either examination #1 or #2 due to illness or unavoidable emergencies that make it impossible to attend must take a comprehensive examination for the final which will be counted twice in averaging the course grade. One letter grade will be deducted if the research paper is submitted after the deadline, and late papers must be submitted no later than 5:30 p.m. on Wednesday, December 6.

2. More than three class absences will lower the class participation grade as follows: 4-B, 5-C, 6- D, 7-F. If you miss the roll call, it is your responsibility to have your attendance recorded at the end of that class period. In case of inclement weather, the University policy as stated on page 12 of the Timetable will be followed There will be no attendance penalty if absences are due to weather conditions. One class absence may be removed by attending a related program outside class as announced during the term.

3. Plagiarism will result in failure in the course. Plagiarism is defined in the MLA Handbook for Writers of Research Papers, 5th ed., as follows: "To use another person's ideas or expressions in your writing without acknowledging the source is to plagiarize" (30).
 

Course conduct will be governed by the University's Honor Statement: "An essential feature of The University of Tennessee, Knoxville is a commitment to maintaining an atmosphere of intellectual integrity and academic honesty. As a student of the University, I pledge that I will neither knowingly give nor receive any inappropriate assistance in academic work, thus affirming my own personal commitment to honor and integrity."
 
 
 

W 8/23 Introduction to the course

F 8/25 Historical Development: The English Heritage (ch. 1)

FOR CLASS DISCUSSION: Exercise A 1, p. 15
 

M 8/28 Historical Development: America to World War I (ch. 2) 

FOR CLASS DISCUSSION: Exercises A 2 & 6, p. 41
 

W 8/30 Law Library Orientation, Professor Steven Thorpe

MEET IN THE LAW LIBRARY. ROOM TO BE ANNOUNCED.

(Reminder: No food or drinks) (Appendix I & III)
 

[R 8/31 Reserved group viewing time for the video assignment for the next class meeting--12:45-1:45 Room 253 Hodges Library]
 

F 9/1 Judicial Approaches to Decisions in Free Speech Cases (Appendix II)

(Video Assignment: This Honorable Court--Part 2, Inside the Supreme Court KF8742.T47 pt. 2)

FOR CLASS DISCUSSION: Inside the Supreme Court
 

[M 9/4 LABOR DAY HOLIDAY]
 

W 9/6 Political Heresy, 1917-1940 (ch. 3, part I, pp. 48-60)

FOR CLASS DISCUSSION: Exercise A 4, pp. 74-75

F 9/8 Political Heresy, Since 1940 (ch. 3, part II, pp. 60-70) 

FOR CLASS DEBATE--Resolved: That the U.S. should adopt a policy of absolute freedom for political speech.
 

M 9/11 Political Heresy, Related Topics (ch. 3, part III, pp. 70-74; Update for ch.3)

FOR CLASS DISCUSSION: Smith v. University of Tennessee, 300 F.Supp. 777 (1969)

W 9/13EXAMINATION #1: ch. 1-3 and lecture (essay)

F 9/15 Defamation Law: 1964-1974 (ch. 4, pp. 80-96)

FOR CLASS DISCUSSION: Exercise A 1 a, p. 112
 

M 9/18 Defamation Law: 1974 to Date (ch. 4, pp. 96-103)

FOR CLASS DISCUSSION: Exercise A 6, p. 112
 

W 9/20 Speech Invading Privacy; Emotional Distress (ch. 4, pp. 103-11; Update for ch. 4)

FOR CLASS DISCUSSION: Exercise A 9, p. 112
 

F 9/22 Religio-Moral Heresy: Blasphemy, Darwinism, and Immoral Ideas (ch. 5, parts I, II, III, pp. 116-28)
 

M 9/25 Religio-Moral Heresy: Obscenity--From Rosen to Miller (ch. 5, pp. 128-38)
 

W 9/27 Religio-Moral Heresy: Obscenity--Miller and Progeny (ch. 5, pp. 138-46)

F 9/29 Religio-Moral Heresy: Special Issues (ch. 5, pp. 146-57; Update for ch. 5)

FOR CLASS DISCUSSION: Exercise A 1 b, p. 157
 

M 10/2Current Controversies
 

W 10/4 Provocation to Anger (ch. 6, pp. 162-68)

FOR CLASS DISCUSSION: Exercise A 1 a, p. 180
 

F 10/6 Provocation to Anger; Abusive and Threatening Language (ch. 6, pp. 169-80)

FOR CLASS DISCUSSION: Exercise A 1 b, p. 180 
 

M 10/9 Commercial Speech (ch. 7, pp. 186-198)

FOR CLASS DISCUSSION: Exercise A 9, p. 207
 

W 10/11 Commercial Speech (ch. 7, pp. 199-206)

FOR CLASS DISCUSSION: Exercises A l c, p. 206
 

[F 10/13 FALL BREAK]
 

M 10/16 Commercial Speech: Recent Cases (Update for ch. 7)
 

W 10/18EXAMINATION #2: ch. 4-7 and related readings and lecture (objective and short-answer questions)
 

F 10/20 Prior Restraint: Basic Issues; Films (ch. 8, parts I & II, pp. 212-22)

FOR CLASS DISCUSSION: Exercise A 5, p. 230
 

M 10/23 Prior Restraint: National Security; Duty to Obey (ch. 8, parts III & IV, pp. 222-30)

FOR CLASS DISCUSSION: Exercise A 1 a, p. 230
 

W 10/25 Free Press v. Fair Trial (ch. 9, part I, pp. 234-41)

FOR CLASS DISCUSSION: Exercise A 1 b, p. 250
 

F 10/27 Reporter's Privilege; Access to Government Information and Meetings (ch. 9, parts II & III, pp. 241-50)
 

M 10/30 The Public Forum: Public Property--To 1978 (ch. 10, pp. 254-63)
 

W 11/1 The Public Forum: Public Property--Since 1983 (ch. 10, pp. 263-72; Update for ch. 10) 

FOR CLASS DISCUSSION: Exercise A 1 b, p. 290
 

F 11/3 The Public Forum: Private Property (ch. 10, pp. 272-77)

FOR CLASS DEBATE-Resolved: That privately owned shopping malls should be required to provide access for First Amendment activities.
 

M 11/6 The Public Forum: Special Issues (ch. 10, pp. 277-81)
 

W 11/8 The Public Forum: Special Issues (ch. 10, pp. 281-89)

FOR CLASS DEBATE--Resolved: That the U.S. should adopt a constitutional amendment to override the Supreme Court's flag burning decision.
 

F 11/10Current Controversies
 

M 11/13 Freedom of Speech in the Schools, the Military, and Prisons (ch. 11; Update for ch.11)

FOR CLASS DISCUSSION: Exercise A 6, p. 322
 

W 11/15 First Amendment and Copyright (ch. 12; Update for ch. 12)

TAKE-HOME EXAMINATION (CASE ANALYSIS) DUE (public forum)
 

F 11/17 Broadcasting and the First Amendment (ch. 13, pp. 348-62; Arkansas Educational Television Commission v. Forbes in the Update for ch. 13)

FOR CLASS DISCUSSION: Exercise A 1 a, p. 377
 

M 11/20 Cable and the Internet and the First Amendment (ch. 13, pp. 362-71; Update for ch. 13)
 

W 11/22 Video: Free Speech for Sale. MEET IN ROOM 253 HODGES LIBRARY

(ch. 13, part II, pp. 371-77)
 

[F 11/24 THANKSGIVING HOLIDAY]

M 11/27 A Marketplace of Ideas: Conversations about Research Papers

RESEARCH PAPERS DUE
 

W 11/29 Theories of Freedom of Expression (ch. 14, pp. 384-91)

FOR CLASS DISCUSSION: Exercises A 3 & 4, p. 404

Course evaluation
 

F 12/1 Theories of Freedom of Expression (ch. 14, pp. 391-401)

FOR CLASS DISCUSSION: Exercise A 2, p. 404 
 

M 12/4 Responsible Exercise of Freedom of Speech (ch. 14, pp. 401-04; NCA Credo for Ethical Communication athttp://www.natcom.org/conferences/ethicsconfcredo99.htm)
 

W 12/6Current Controversies

Saturday, Dec. 9, 8:00-10:00 a.m.FINAL EXAMINATION: ch. 8, 9, 11, 13 and related readings and lecture; one take-home question on ch. 14 (essay) (The University requires that examinations be given according to its established schedule. You must take this examination at the time listed unless it is the third written exam which you have scheduled on that day. Students who qualify for this exception are required to complete arrangements for rescheduling no later than two weeks before classes end.)