University of Miami School of Law CourseLink Course Description - Online System
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Spring 2021

Course Description
This is an advanced seminar on selected topics in free speech jurisprudence. Topics may include hate speech, pornography, social media use of public employees, religious speech in schools, and the free speech claims of wedding vendors who do not want to serve same-sex couples.

Short Course Attendance Policy Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.

Course Schedule
Offering Dates: 01-25-2021 - 01-31-2021  

Dates Day Time Room
01-25-2021 - 01-28-2021   MTWR  12:10 PM-1:40 PM DL
01-29-2021 - 01-29-2021   F  2:00 PM-5:00 PM DL
01-31-2021 - 01-31-2021   U  10:00 AM-1:00 PM DL

Course Frequency
Occasional course offering

Course Information

Credits: 1
Pass/Fail Option: No
Prerequisite: First Amendment or U.S. Constitutional Law II
Grading: Graded
Method of Evaluation: Daily essays
Graduation Requirements Fulfilled By Course:
Special Attributes:
Short Course
Course Delivery:
Online (all synchronous)
Special Restrictions:
Law Track(s): None
Bar Subject(s): None
Concentration(s): None
Course Book(s):
Textbook Required:
First Class Assignment(s):
  • Assignment: (MONDAY) UNPROTECTED CATEGORIES OF SPEECH: HATE SPEECH • Article Excepts: o Mari J. Matsuda, Public Response to Racist Speech: Considering the Victim’s Story, 87 Mich. L. Rev. 2320 (1989) o James Allen, Book Review of The Harm of Hate Speech by Jeremy Waldron, 29 Const. Comment. 59 (2013) o Richard Delgado & Jean Stefancic, Hate Speech in Cyberspace, 49 Wake Forest L. Rev. 319 (2014) • Misc o Op-Ed: Howard M. Wasserman, University of Oklahoma Expels the First Amendment, Jurist, March 14, 2015 o ACLU, Hate Speech o Katharine Gelber & Luke McNamara, The Effects of Civil Hate Speech Laws: Lessons from Australia, 49 Law & Soc’y Rev. 631 (2015) o Elahe Izadi, The incidents that led to the University of Missouri president’s resignation, The Washington Post, Nov. 9, 2015. o Greta Anderson, When Free Speech & Racist Speech Collide (2020) • Questions: o How should hate speech be defined? Is any definition impossibly vague? o Should hate speech be an unprotected category of speech? o What are the benefits of banning hate speech? Is there evidence? o What are the risks of banning hate speech? Is there evidence? o Does the rise of the Internet change the analysis?

    Additional Information:
    Welcome to the Free Speech Clause short course! This course provides an in-depth examination of selected topics on the Free Speech Clause. It is presumed that you are familiar with basic free speech doctrine. In other words, if you do not know what an unprotected category of speech is, haven’t encountered the idea of expressive conduct, or do not understand why content-neutral time, place, and manner regulations differ from a content-based regulations, take First Amendment or U.S. Constitutional Law II and I will see you next year! Warning: The workload for the course is fairly heavy. You will be required to read approximately 40-50 pages for each class, and for write a paper of 600 words for each time we meet, including our first class on Monday. You will also be expected to participate in each class. All the reading for Class one in on Blackboard, within the Class One folder. It must be done before class. You are also to write a short essay in response to the reading. The essays should run around 600 words. They should directly engage with that night’s assigned reading. They are meant to be your response and/or critique of what you have read. I have suggested questions to answer on the syllabus (excerpted below), though feel free to address something different. However, whatever you write should reflect the reading in some way. Your grade will mostly be based on these writing assignments. They should be submitted on Blackboard.

    syllabus Free Speech Short 2020 Final .docx



Contact Information:
Phone: (305)284-5443
Office: G373