S. Political Theory and the 1st Amendment

The seminar will be conducted on the assumption that students bring to it from their previous course on the First Amendment a basic familiarity with the most prominent doctrines and theories regarding the freedom of speech.

We will proceed in two stages.

First, we will critically examine the theories developed by the most important free speech thinkers throughout Anglo-American history: Socrates, John Milton, James Madison, John Stuart Mill, Judge Learned Hand, Justice Oliver Wendell Holmes, and Justice Louis Brandeis.

Second, we will devote seven weeks of the seminar to a close study of fourteen First Amendment opinions of the Roberts Court. We will read very lightly-edited versions of the opinions along with transcripts of the oral arguments in the cases under discussion. For each case discussion, one student will be assigned to defend every paragraph of the majority opinion against all criticisms advanced in the dissents or which the rest of us in the seminar can formulate. We will explore not only how persuasive are the Justices opinions but also what challenges were faced by the advocates in the cases and how well they met those challenges. (Note: two of the cases were argued by Professor Verrilli in his role as Solicitor General of the United States during the Obama Administration.)

In addition to the assignment of defending a Supreme Court opinion orally, each student will be required to write a short "mapping" paper (no more than 2500 words) outlining and evaluating in detail the arguments within the Court in one of the cases we will discuss, and a second paper (also no more than 2500 word) critiquing an article by a leading scholar that is focused on a single Roberts Court First Amendment case from a list of such articles which we will provide.

Enrollment is limited to 14 students. 10 students will be registered through the lottery from students who have taken a previous course wholly devoted to the First Amendment or who will be taking such a course in the same semester as they are enrolled in our course. 4 additional students will be selected from the waitlist by virtue of instructor permission from students who satisfy the prerequisite courses or who have had other experience that has given them a strong understanding of free speech doctrine and theory. Students wishing to request permission to take the course should email Professor Blasi at [email protected].