Stephen Smith
430 Kimpel
Libertas@uark.edu
COMMUNICATION 4393
FREEDOM OF SPEECH
SCOPE OF THE COURSE. This
is a course for students interested in the history, philosophy, theory, legal
rights, and ethical responsibilities regarding freedom of expression. The
primary focus of the readings, lectures, and class discussions will be upon
freedom of thought, conscience, and opinion and the individual's right to
receive information and express ideas (or, conversely, avoid exposure to
communication and refrain from compelled expression) protected by the First
Amendment's guarantees of freedom of speech, press, religion, petition, and
assembly.
Students
completing the course with satisfactory performance should gain: (1) an
understanding of the historical antecedents of freedom of expression as it has
developed in Western culture since circa 800 B. C. E.; (2) an appreciation of
various philosophical perspectives underlying communication rights; (3)
knowledge of the constitutional foundations, statutory provisions, and court
decisions regarding and affecting freedom of expression; (4) a concern for the
ethical considerations facing the communicator; and (5) exposure to the
parameters of future issues presented by changing communication technology.
REQUIRED
OFFICE HOURS. My
office is in 704 Kimpel Hall. I will be available for
student conferences regarding this class by appointment, before or after class
on Tuesday and 5-6 on Wednesday. These are easy to schedule in advance by e-mail.
You are encouraged to make appointments to discuss this course and your
research interests in freedom of speech. I can be reached most easily by e-mail
(Libertas@uark.edu).
EVALUATION OF
PERFORMANCE. Students are expected to read all assigned
materials; attend all scheduled classes; make informed contributions to the
class discussion; demonstrate knowledge and understanding of the important
events, cases, and principles related to freedom of expression; and conduct
original research on a significant First Amendment issue. All students will be
responsible for the information in the required text and the materials covered
in lectures. Grades will be assigned on the basis of three examinations (100
points) and a final paper (50 points).
The
lecture/discussion design of this course places a premium on informed and
robust participation which assumes that you have read the assigned materials
and have given some thought to the implications of the principles. I have
fairly well developed views on all of the issues to be raised in this course,
but those opinions may not always be obvious. You are expected to be interested
enough in the subject to develop your own views and intellectually capable
enough to defend those views with cogent arguments solidly based in philosophy
and law. This is a class that requires significant reading and mature thinking.
Generally, I am more impressed by students who take intellectual risks than by
those who think there is only one answer or that they have it.
The
research paper topics will be assigned, but the approach may be historical,
theoretical, philosophical, legal, or empirical; however, you will find it
helpful to discuss the methodology and approach in advance. The papers should
pose important research questions, present original research, offer
communication implications argued from solid data, be 2500-4000 words in length
(10-16 double-spaced pages of text), and be written according to the stylistic
and documentation standards of either the Chicago Manual of Style or A
Uniform System of Citation (Harvard Blue Book). For graduate students, the
paper should be 5,000-6,000 words. Further suggestions for organizing your
argument can be found in Eugene Volokh's excellent
essay, "Writing
a Student Article," and you might
find it helpful to examine articles in Free
Speech Yearbook, available in Mullins Library. This paper is due on the
date of the final examination.
The
general policy for this course is that no late work will be accepted, that
make-up examinations will not be given, and that grades of incomplete will not
be assigned. Any exceptions to this policy must be made by written petition and
approved by the instructor before the due date, and any work so accepted will
be assessed a grade penalty. All students should be familiar with the
provisions of and expect to comply with the College and University statements
on academic honesty. The provisions of these policies are hereby incorporated
as if fully set forth herein and will be rigorously enforced in this class.
For
some unknown reason, I am required to have a stated weather policy in addition
to the general University Policy: In case of really bad weather that might
subject you to physical injury or property damage, do not be foolish enough to
attempt to come to class. Exams will be rescheduled if the University is closed
or the bus system is on "snow route."
SCHEDULE OF TOPICS AND
Week
One Course overview; contemporary
perspectives; how to study free speech issues. (15)
Week Two Ancient antecedents:
Week
Three Colonial antecedents and the
Constitution. The Bill of Rights; the Sedition Act of 1798. (2)
Week Four Free Speech in 19th and Early 20th Century
Quiz One
Week Five Political Heresy (3)
Week Six Defamation and Privacy (4)
Term Paper Bibliography Due
Week Seven Religious and Moral Heresy (5)
Week Eight Provocation to Anger (6)
Week Nine Quiz Two; Commercial Speech (7)
Week Ten Prior Restraint (8)
First Draft of Paper Due
Week Eleven Free Press/Fair Trial (9)
Week Twelve Time, Place, and Manner Constraints
(10)
Week Thirteen Institutional Constraints (11)
Week Fourteen Technology and Free Speech (12-14)
Week Fifteen Presentation of Research Papers and Reflections
on Your Theories of Freedom of Expression
Quiz Three
Final Exam
Period Final Paper Due