Course Level

intermediate - advanced / 3rd - 4th year

Course Language

English

Course Classification

This is a Themis course. It is also open to non-Themis students.

Teaching Mode

face-to-face teaching on campus

Contact Hours

2 hours per week

ECTS-credits

5 (if course has been attended regularly and exam has been passed)

Frequency

This course will be taught at irregular intervals. It will be available in the winter term 2024/25.

Time Schedule and Course Venue

please see our electronic course catalogue

Course Content

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. 

Learning Objectives

Students will

• deepen their understanding of free speech traditions and philosophical foundations in different jurisdictions
• 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
• 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?

Restricted Enrollment

no (that means that everyone who signs up for this course on time can take part in this course)

Course Registration

via Campus Management

Please sign up for this course under the module "Study Program for Exchange Students - Module 3".

registration period: 1 October 2024, 9 a.m. -  1 November 2024, 12 a.m. (midnight)

De-Registration from this Course

via Campus Management

regular drop period: 1 October 2024, 9 a.m. -  1 November 2024, 12 a.m. (midnight)

After the regular drop period you can only drop this course with a valid cause until 14 days prior to the exam. Please contact the International Office at the Law Department if you have to use this option.

Type of Exam

one final exam

Exam Period

The exam is going to take place in the last class session. [to be confirmed]

Registration for the Exam

International exchange students will automatically be registered for the exam when they sign up for this course.

De-Registration from the Exam

Students who drop this course via Campus Management are automatically de-registered from the exam. Students who do not drop this course via Campus Management and do not take part any longer, are going to finish this course with a non-passing grade (0 points).

Grade Release

via Campus Management