MVV321K Freedom of Speech and Democratic Values

Faculty of Law
Spring 2023
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Prof. Michael Paul Seng (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV321K/01: Mon 20. 3. 18:00–19:40 041, Tue 21. 3. 16:00–17:40 041, 18:00–19:40 041, Wed 22. 3. 16:00–17:40 041, 18:00–19:40 041, Thu 23. 3. 18:00–19:40 041, 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 30 student(s).
Current registration and enrolment status: enrolled: 27/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 94 fields of study the course is directly associated with, display
Course objectives
Freedom of Speech and Democratic Values explores how the United States Supreme Court has interpreted freedom of speech to promote democratic values. Students will read Supreme Court cases interpreting freedom of speech questions under the First Amendment to the United States Constitution. The course will focus on recent problems involving the right to truthful information from private citizens and the government. The students should come out of the course with a better understanding of the role of free speech in a democratic society.
Learning outcomes
At the end of the course, students will know:
The role of freedom of speech in a democracy;
The theory behind the protections in the First Amendment;
How the United States Supreme Court protects freedom of speech, press, and assembly under the First and Fourteenth Amendments to the United States Constitution;
What types of speech are outside the protection of the First Amendment in the United States;
How to identify a prior restraint and how the United States Supreme Court reviews prior restraints;
What it means that the government cannot regulate speech based on its content;
The right to information under United States law.
Syllabus
  • Session I (Mon. 18:00 – 19:40):
  • Incitement to Unlawful Action
  • - Seng, Criminal Prosecution of the Press for Publishing Subversive
  • - Material under the Law of the United States
  • -- Abrams v. United States (Dissenting Opinion of Holmes)
  • -- Whitney v. California (Concurring Opinion of Brandeis)
  • -- Brandenburg v. Ohio
  • Prior Restraints on Speech
  • -- Near v. Minnesota
  • -- New York Times v. US (The Pentagon Papers Case)
  • Session II (Tues. 16:00 – 17:40):
  • Defamation
  • -- New York Times v. Sullivan
  • -- Right to Reply
  • -- Miami Herald v. Tornillo
  • Session III (Tues. 18:00 – 19:40):
  • Fighting Words
  • -- Cohen v. California
  • Hate Speech
  • -- Snyder v. Phelps
  • -- Virginia v. Black
  • Session IV (Wed. 16:00 – 17:40):
  • Commercial Speech
  • -- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council
  • False Speech
  • -- United States v. Alvarez
  • Session V (Wed. 18:00 – 19:40):
  • Speech of Government Employees
  • -- Garcetti v. Ceballos
  • -- Snepp v. United States
  • Session VI (Thurs. 18 – 19:40):
  • Freedom of Information
  • -- Americans for Prosperity v. Bonta
  • - Seng, Freedom of information, Government Secrets and the Challenge of New Technology
  • Summation
  • - Seng, Truth, Untruth, and Freedom of Speech—The Path to Restorative Justice
Literature
  • See Teacher's Information for full details.
Teaching methods
lectures and discussions
Assessment methods
Attendance will be taken at all classes. Students are expected to be present for all classes. They are to come to class prepared to evaluate the cases and participate in the discussion. Constitutional concepts are not always easy to grasp and the standard advice in all law school courses is that a student should spend at least three hours of preparation a week for each hour spent in class.

Students will be evaluated on their ability to analyze an American constitutional issue or judicial opinion. Each student will prepare a three-page paper analyzing one of the assigned cases or issues that the student chooses or another topic chosen by the student that is approved by the instructor. Papers will be written in English and will be due three weeks after the conclusion of the class.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Text: Edited copies of the cases are found in Cases and Materials in Freedom of Speech and Democratic Value, which has been prepared by Professor Seng for this course and is available online. Students may wish to consult other helpful books and commentaries that explore first Amendment Freedoms in the United States, but this is not required.

Contact Information: Students may contact Professor Seng by email at: mseng@uic.edu.
The course is also listed under the following terms Spring 2021, Spring 2024.
  • Enrolment Statistics (Spring 2023, recent)
  • Permalink: https://is.muni.cz/course/law/spring2023/MVV321K