MVV122K Freedom of Speech and New Technology

Faculty of Law
Spring 2013
Extent and Intensity
0/1. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Prof. Michael Paul Seng (seminar tutor), doc. JUDr. Jiří Valdhans, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Jiří Valdhans, Ph.D.
Department of International and European Law – Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Department of International and European Law – Faculty of Law
Timetable of Seminar Groups
MVV122K/01: Mon 11. 3. 16:40–18:10 025, Tue 12. 3. 16:40–18:10 133, 18:15–19:45 133, Wed 13. 3. 16:40–18:10 133, 18:15–19:45 133, Thu 14. 3. 8:00–9:30 133, M. Seng
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 35 student(s).
Current registration and enrolment status: enrolled: 0/35, only registered: 0/35
fields of study / plans the course is directly associated with
  • Law (programme PrF, M-PPV)
Course objectives
At the end of the course, students should:
Be familiar with the major cases decided by the United States courts involving how different technologies impact upon freedom of speech;
Understand how American courts interpret basic constitutional protections such as freedom of speech;
Be able to explain how constitutional law is developed by American courts;
Be able to compare American free speech jurisprudence with European and Czech jurisprudence;
Know how to read American case law and apply it in new contexts;
Have a better understanding how to research and interpret American law;
Feel more comfortable working with American law and the English language.
Syllabus
  • Class I
  • I. The Right of Access to the Press, Movies, the Airwaves, Cable Television and the Internet
  • A. Newspapers and Traditional Public Fora Miami Herald Publishing Company v. Tornillo, 418 U.S. 241 (1974) Lehman v. Shaker Heights, 418 U.S. 298 (1974) Pacific Gas & Electric Co. v. Public Utilities Commission, 475 U.S. 1 (1986)
  • B. Movies Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495 (1952)
  • Class II
  • C. The Airwaves – Radio and Television Red Lion Broadcasting v. FCC, 395 U.S. 367 (1969) CBS v. Democratic National Committee, 412 U.S. 94 (1973) Arkansas Educational Television v. Forbes, 523 U.S. 666 (1998)
  • D. Cable Television Turner Broadcasting v. FCC, 512 U.S. 622 (1994)
  • Class III
  • E. The Internet Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) Fair Housing Council v. roomates.com, LLC, 521 F.3d 1157 (9th Cir. 2008)
  • II. Regulating Content: National Security, Pornography, Indecent Speech, and Hate Speech
  • A. National Security Matters New York Times v. United States (The Pentagon Papers Case), 403 U.S. 713 (1971) Holder v. Humanitarian Law Project, 130 S.Ct. 2705 (2010)
  • Class IV
  • B. Pornography and Indecent Speech Miller v. California, 414 U.S. 881 (1973) FC C v. Pacifica Foundation, 438 U.S. 726 (1978) Sable Communications v. FCC, 492 U.S. 115 (1989) Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)
  • Class V 
  • Ashcroft v. American Civil Liberties Union, 535 U.S. 564 (2002) United States v. Thomas, 74 F.3d 701 (6th Cir. 1996) United States v. Stevens, 130 S.Ct. 1577 (2010) Brown v. Entertainment Merchants Ass’n, 74 F.3d 701 (6th Cir. 1996)
  • Class VI
  • C. Hate Speech R.A.V. v. City of St. Paul, 505 U.S. 377 (1992) Snyder v. Phelps, 131 S.Ct. 1207 (2011)
  • III. Copyright Law, Artistic Freedom, and Academic and Scientific Research Harper & Row, Publishers v. Nation Enterprises, 471 US 539 (1985) Eldred v. Ashcroft, 537 US 186 (2003) Golan v. Holder, 132 S.Ct. 873 (2012)
Literature
  • Study materials will be handed over to the students before and during the course
Teaching methods
lecture, discussion
Assessment methods
short essay
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
The course is also listed under the following terms Spring 2014, Spring 2015.
  • Enrolment Statistics (Spring 2013, recent)
  • Permalink: https://is.muni.cz/course/law/spring2013/MVV122K