Freedom of Expression
Fall, 2021
I. The Constitutional and Cultural
Framework
-The Search for Truth
-Theories of Freedom of Expression
-American Ideals and American Pragmatism
-The First Amendment
-The “Incorporation” of the First Amendment into the Fourteenth Amendment
II. The History of Freedom of Expression in the United States
-The Alien and Sedition Acts Experience of the Early Period
-Freedom of Expression and Its Limits
-How Congress and the Courts Have Expanded Freedom of Expression
-Freedom of Expression and Self-Government
III. Sedition-The “Clear and Present Danger” Test
-Schenck v. United States
(1919) - Introduction of
the "clear and
present danger" doctrine.
-Gitlow v.New York
(1925) - The First
Amendment held to apply to the states.
-Dennis v. United States
(1952) - Introduction of
the "grave and
probable danger" doctrine.
-Brandenburg v. Ohio (1969) -
Incitement to violence is protected unless it incites unlawful action
immediately.
-Texas v. Johnson
(1989) - The First Amendment protects symbolic
speech, including the desecration of the U. S. flag.
IV. Libel, Slander, and Fightig Words
-Near v. Minnesota (1931) - States may not
enjoin publication of newspaper which was known to publish "malicious,
scandalous, and defamatory material.
-New York Times v. Sullivan
(1964) - In a libel case
the defense must show "actual malice" and "reckless disregard" for truth.
-Chaplinsky v. New Hampshire (1942) - States may punish "fighting
words" provoking breaches of the peace.
V. Corporate Speech
-Are Corporations “Persons”?
-Citizens United v FEC
(2008) and Freedom of
Expression - Campaign funding is free speech.
-Big Tech and Freedom of Freedom of Expression
VI. Social
Media Issues
-Everyone Is a Publisher
-Freedom of Expression and Prudence
-The Problem With Social Media Platforms
-Envisioning the Future of Freedom of Expression
INTERNET
RESOURCES
Freedom of Expression - Search Results from Selected Websites
"Freedom of Expression"
-from the ACLU
"Freedom of Expression" - from the Duck-Duck-Go Search Engine
________________________________________________________________________
General Internet Resources
"Freedom of
Expression: A Fundamental Human Right Underpinning All Civil Liberties" -
from UNESCO
Freedom of Expression - Speech and Press - from Cornell Legal Information
Institute
"Shouting Fire in a Crowded Theater" -from wikipedia.com
Georgia Voting Law - 2021
The First
Amendment (Annotated) -from the Cornell Legal Information Institute
"Freedom of Expression - the Philosophical Basis" -from the Cornell Legal
Information Institute
Verification
Handbook -from datajournalism.com
All Sides -from
allsides.com
PEW Research
Center Media Studies
Laura Meckler,
"Civics
Education in National Debate Over Talking About Race in Education" -from
The Washington Post
May 16, 2021
"Freedom of Espression:
History" -from democracyweb.org
Thomas B. Edsall,
"How
the Storming of the Capital Became a 'Normal Tourist Visit'" -from
The New York Times,
May 19, 2021
Nicholas Kristol,
"Dealing With Our Segregated, Jim Crow Education System" -from
The New York Times, May
21, 2021
"Fake News, Disinformation and Media
Manipulation: How to Defend Against Them" -from Len Apcar, LSU Journalism
Professor
Mary Landry,
"The
Staggering Fraud of the Election is Covered by Democrats, Media" -from
The Advocate, May 31, 2021
Arelis Hernández and Griff Witte, "Texas Bill to Ban Teaching of Critical Race Theory" -from The Washington Post, June 2, 2021
Ishaan Tharoor, "The Pandemic Is Getting Worse, Even When It Seems to Be Getting Better" - from The Washington Post, June 1, 2021
Walter D. Butler, Aloha Sargent,
and Kelsey Smith,
"Information Disorder, Truth, and Trust" -from
introtocollegeresearch.pressbooks.com
Fareed Zakaria,
"The Decay of American Democracy is Real" -from The Washington Post,
June 17, 2021
"Limits on Freedom of Expression" -from the Library of Congress, June,
2019
The 1619 Project -from The New York Times, August, 2019
Ex-President Trump's Executive Order Establishing His 1776 Commission,
November 2, 2020
Ex-President Trump's 1776 Commission Report, 2021
William A. Galston,
"How Adherents See 'Critical Race Theory'" -from The Wall Street
Journal, July 13, 2021
"Article 10 - Freedom of Expression" -from the UK Equality and Human Rights
Commission
"Fostering First
Amendment Freedoms for All " - from the Freedom Forum Institute
"Freedom of
Expression" -from Freedom House
"Media
Freedom - A Downward Spiral"
"United Nations Human Rights System" -from Global Freedom of Expression,
Columbia University
"Wikipedia: Policies and Guidelines" -from Wikipedia
Sheera Frenkel,
"The
Most Influential Spreader of Coronavirus Misinformation Online" -from
The New York Times, July 24, 2021
Josh Funk,
"States Curtail Reporting Amid Surge" -from The Advocate, July 25,
2021
Ben Shapiro,
"Left Wants to Stifle Facebook, Free Speech" -from The Advocate,
July 25, 2021
Transcript of Hearing of Select Committee of the House of Representatives on the
Insurrection
of January 6, 2021 - Hearing of July 27, 2021 -from rev.com
Michael Barone, "Biden Administration Still Supressing Free Speech" -from The Advocate, July 28, 2021
George Will,
"Pursuing 'Equity' Over Equality Reveals the Nation's Moral Degeneration"
-from The Washington Post, July 30, 2021
"Tokyo 2020: Olympic Athletes
Targeted With False and Misleading Claim" -from the BBC, August 8, 2021
"Beware of False Knowledge; It is More Dangerous Than Ignorance" -from
George Bernard Shaw
Blake Patterson and Emily Woodruff,
"Top Official Heckled by Anti-Maskers, Anti-Vaxers As
Misinformation Spreads Amid COVID Surge," -from The Advocate,
August 17, 2021
"The Freedom of Information
Act" -from the U.S. Department of State
Toby Mendel,
Freedom of Information: A Comparative Legal Survey -UNESCO (2008)
Eugene Volkh,
"What Cheap Speech Has Done: (Greater) Equality and Its Discontents" -from
U.C. Davis Law Review (June, 2021)
"Trump
Sues Facebook, Twitter and Google, Claiming Censorship" -from reuters.com
(July 7, 2021)
"Is Europe Attacking Freedom of
Expression on the Internet" (Video) -from visualpolitik (September 21, 2021)
Robert Kagan,
"Our
Constitutional Crisis is Already Here" -from The Washington Post,
September 23, 2021
Michael Gerson,
"Future Political Violence Seems Inevitable. Meeting it With Violence
Won't Be an Answer" -from The Washington Post,
September 27, 2021
"Article 10: Freedom of Expression" -from the United Kingdom Equality and
Human Rights Commission, June, 2021
Freedom of Information Act -from Wikipedia
'The Real Lord of the Flies: What
Happened When Six Boys Were Shipwrecked for 15 Months" -from YouTube, May
13, 2020
"The Pandora Papers" -from The Washington Post, October 3, 2021
Donald
J. Trump, Speech on January 6, 2021 -from npr.org
"Deepfakes" -from 60 Minutes, October 9, 2021 (Video has ads in it.)
Terminiello v.
Chicago (1949) -from the Cornell Legal Information Institute
Joshua A. Geltzer and Neal K. Katyal, "The True Danger of the Trump Campaign's Defamation Lawsuits" -from The Atlantic, March 11, 2020
Nobel Peace Prize Laureates,
2021 -from the Nobel Foundation
Richard Hofstadter,
Anti-intellectualism in American Life - Alfred A. Knopf (1963)
David Brock,
"I
Was Wrong About Donald Trump," -from The New York Times, October
21, 2021
Robert Kagan, "Our Constitutional Crisis Is Here" -from The Washington Post, October 21, 2021