Free Speech on Campus

Professor Lee Epstein and Chancellor Andrew D. Martin
Political Science 334
Spring 2024

Outline and Readings

Part 1. Introduction to the Course

Part 2. Four Tools for Analyzing Free Expression Controversies
Important Note: Please complete the readings under this Part
before the first class.

Tool #1. Justifications for Free Expression
Click here for the readings (pdf)

•Discovering Truth (The “Marketplace of Ideas”)
•Facilitating Participation by Citizens in Political Decision Making
•Assuring Individual Self-Fulfillment/Autonomy
•Creating a More Adaptable and Stable Community (The “Safety-Valve”)
•Promoting Tolerance

Tool #2. Free Expression in the Supreme Court (Doctrine)
Click here for the readings (pdf)

•Overview of Free Expression Doctrine
•What is Speech?
•Is the Government Regulating Speech?
•Does the Speech Fall Into an Unprotected Category?
•Who is Speaking?
•Is the Regulation a Prior Restraint on Expression?
•Is the Regulation Vague or Overbroad?
•Is the Regulation Content-Neutral or Content-Based?
•Case Study: Hate Speech

Tool #3. Social Science Perspectives on Free Expression
Tool #4. Free Expression in the University
Click here for the readings (pdf). Also of interest may be WashU’s “Freedom of Expression” website, which houses policies, statements, and other other material related to free speech at the university.

•What People Say about Free Speech
•What People (and Judges) Don’t Say about Free Speech
•Brief History of Free Speech in Universities
•Major Statements Related to Free Speech

Part 3. Case Controversies
(You don’t need to click this link for the first class.)