Communication 4930 (section 004)
History and Theory of Freedom of Expression
Spring 1997
Prof. Gil Rodman
Office Hours: Tu 3-4p, Th 2-3p, or by appointment
CIS 3040 // 974-3025 // grodman@cis01.cis.usf.edu
This is a course about the theory and practice of free speech as it has evolved in the West over the past 350 years or so. This is also a course that's more about questions than answers, more about wrestling with difficult issues than offering easy solutions. Barring a small miracle or three, we will not solve any of the social, cultural, and political problems that lie at the heart of this class. This course is not intended, however, to provide you with the "right" answers, as much as it is intended to make you think critically about the issues involved. Regardless of who you are or what you may believe at the start of the semester, this course will challenge (which is not necessarily to say "change") your current way of looking at democracy and free speech as they exist in the U.S. today.
Some of the general questions we'll examine this semester include:
- Is free speech a right or a privilege?
- Who is allowed to speak, and what are they allowed to say?
- Is freedom of expression a necessary feature of a democracy?
- What (if any) limits do we need to place on free speech?
- Does free speech necessarily carry with it certain responsibilities?
- What (if any) forms of expression don't merit constitutional protection?
- What types of restriction on expression count as censorship?
- Can we distinguish speech from action? Should we? And, if so, how?
- What (if any) are the drawbacks to unrestricted speech?
- And who is empowered to make these decisions anyway?
Required course materials:
- Books. Available at the University Book Store.
- John Milton, Areopagitica
- John Stuart Mill, On Liberty
- Siebert, Peterson, and Schramm, Four Theories of the Press
- Dave Marsh, 50 Ways to Fight Censorship
- Coursepack of photocopied articles. Available at Staples (ask for
the "Rodman" coursepack) and the reserve desk of the USF Library (under the title
"Coursepack").
- An e-mail account. Participation in the listserv (FREEDOM-L) that
has been set up for this course will require you to have (and use) an e-mail account. For
those of you who don't already have an e-mail account, information on how to sign up for
one is available on a separate handout.
Grading schedule:
Attendance 10%
Participation 20%
Listserv participation 10%
Thought paper 10%
Two (2) 3-4 page critical essays 20% (10% each)
Take-home final exam 30%
Attendance/participation/pop quizzes:
This course is heavily geared towards in-class participation. It will thus be more enjoyable for all of us (and you'll do better) if you (1) attend class regularly, (2) do the required reading and (3) be prepared to discuss what we've read. Consistently lackluster discussions will force me to take drastic measures (i.e., pop quizzes) to assure me that y'all are doing the required work. In the event quizzes become necessary, final grades will be calculated on a revised schedule:
Attendance 5%
Participation 15%
Listserv participation 10%
Thought paper 0%
Two (2) 3-4 page critical essays 20% (10% each)
Take-home final exam 30%
Pop quizzes 20%
In keeping with the University Policy on Religious Observances, students who anticipate being absent from class due to a major religious observance must provide notice to me in writing by 14 January concerning which class period(s) you expect to miss and why.
Listserv participation:
The primary purpose of the listserv is to provide an ongoing informal forum for discussion of the issues raised by the assigned readings and our class sessions. Prompts intended to spur on the dialogue will be posted on a semi-regular basis.
Because listservs tend to be freeform in nature, there is no neat and simple formula to use in assessing grades for this part of the course. The minimum contribution to receive a passing grade, however, will be five substantial (i.e., more than a paragraph long) posts addressing material from five different sections of the syllabus.
To join the list, send an e-mail message consisting of
subscribe FREEDOM-L your-firstname your-lastname
to LISTSERV@nosferatu.cas.usf.edu
To post to the list, send an e-mail message to FREEDOM-L@nosferatu.cas.usf.edu
Additional information about the list and how to use it will be sent to you when you subscribe.
Listserv tips
- If you're new to e-mail, get your account set up right away. This gives you plenty of
time to get used to using e-mail early on and still do well on this part of the course.
- Subscribe to the list. If you're not subscribed, you can't post. If you can't post,
you can't participate. If you can't participate, you've given up 10% of your final grade.
It's that simple.
- Post often. Five posts addressing questions from five different units are worth more
than five posts all on the same topic.
- Post in a timely fashion. While it is better to post late on a topic than not at all,
it's worth far more to post while an issue is still under active discussion.
Listserv tutorial
Besides the separate handout provided on using e-mail, the University offers several one-hour tutorials on a first-come first-served basis. These tutorials require you to have a UNIX account already. For further information (including dates and times for sessions), contact Academic Computing at 974-1792.
Writing assignments:
Your written work must be typed and double-spaced. The page lengths given are based on pica-sized type (10 characters per inch) and one inch margins, and should be seen as estimates of how much you'll need to write to complete the assignments well. I will not automatically penalize shorter papers, but it's highly unlikely that you will be able to do "A" work if your papers are shorter than 3 pages. Also note that fudging margins and font sizes to make your papers look longer will not help your grade -- so concentrate on writing good papers, not (what appear to be) long ones.
Thought paper:
This assignment (3-4 pages, due 16 January) will be ungraded. Assuming you turn the paper in, you should receive full credit (10% of your final grade) for doing so. I reserve the right, however, to give partial or even no credit to papers that fail to meet the assignment's requirements. Further details concerning this paper can be found on a separate handout.
Critical essays:
You will write two 3-4 page papers, each of which will be a critical response to the material covered in the relevant subsection of the course. Specific due dates are listed on the syllabus. Further details about this assignment will be made available on a separate handout.
Exam:
The take-home final (due 29 April) will consist entirely of long essay questions and will be based on the assigned readings as well as our in-class discussions. The final will be cumulative.
A word about conduct:
The subjects that we'll be discussing this semester are, virtually without exception, controversial ones. The readings reflect a diverse spectrum of strongly held opinions and viewpoints on these issues, and it's likely that your classmates will hold -- and express -- a similarly broad range of beliefs and values. As a result, our class sessions will often generate heated arguments, and it is likely that we will all walk away from one or more meetings angry, frustrated, and/or offended by what's been said. If this possibility makes you uncomfortable, then you should not take this course. I should emphasize, however, that while I expect our meetings to be confrontational, I also expect those confrontations to be respectful. Impassioned arguments and strongly expressed opinions are perfectly acceptable in this class; verbal bullying and personal attacks, on the other hand, will not be tolerated under any circumstances.
TEN TIPS ON HOW TO DO WELL IN THIS COURSE
- Read your syllabus and assignment handouts. Aside from telling you what to read and
when you need to do so, these documents contain the basic ground rules by which this
course works. And while, under exceptional circumstances (e.g., life and death
emergencies), I may be willing to bend some of these rules, ignorance of the rules on your
part isn't one of them.
- Read the required course materials as scheduled. This should be self-explanatory.
But to drive the point home: everything you'll do for a grade this semester depends on
your having thoughtfully consumed the assigned readings. If you blow these off, you will
have lots of trouble with our in-class discussions, the papers, the listserv, and the
exam.
- Think about what you read. None of the material for this course is intended to be
consumed passively. If you're only reading to absorb "facts" or to be entertained, you
will not do well. And while you're certainly allowed (and even encouraged) to learn new
facts and have fun, it's more crucial that you approach the assigned readings in a
critical and thoughtful fashion.
- Attend class . . . and show up on time. Not just because I'll take attendance, but
because our discussions will raise questions about the material at hand that won't always
be obvious to you from the readings alone. Our class periods will be spent discussing
(and often arguing about) the readings, not summarizing them. You can (and should) expect
issues raised in class to be on the exams. Also, be forewarned that I will treat
consistently late arrivals as if they were absences.
- Come to class prepared to discuss the readings. Think about what the readings are
trying to say and then share those thoughts with the class. Even if you don't understand
a given article, feel free to ask questions about it. Not all of these readings are easy:
if you're confused, it's likely other people are as well. The more people who participate
in our discussions, the more we'll all get out of them.
- Write clearly. This is not a remedial writing class, so you aren't guaranteed a good
grade on either your papers or your exams merely by constructing grammatical sentences
made up of properly spelled words. Nevertheless, if your grammar (or spelling or
punctuation) interferes with my ability to understand what you're trying to say, your
grade will be negatively affected.
- Argue your points. Do not merely assert them. For example, simply saying that you
think that pornography should be banned is far less convincing (and receives far less
credit) than explaining why you think that's the case. On a related note, avoid using
terms like "obviously," "clearly," and "of course." In most cases, if you have to say
something is "obvious," it isn't obvious at all.
- Argue your points well. Make sure the facts support your case. Avoid overly broad
generalizations. And, perhaps most importantly, anticipate potential counter-arguments or
alternate explanations to your position -- especially if your argument runs contrary to
ideas we've already covered in the course. You don't have to agree with any of the
authors we'll read, but if you take a contrary position to an argument made in the
assigned course material, you do have to explain why you're right and the reading in
question is wrong.
- See me as necessary. If you don't understand why you received a particular grade, or
the reading has you baffled, or you have any other questions about the course, feel free
to come talk to me during my office hours (or make an appointment to meet with me at some
other time).
- Think ahead. The chances of my accepting late work without penalizing you improve
dramatically with advance notice and a reasonable justification for the anticipated delay.
Similarly, do not wait until the night before the final is due to catch up on all the
reading. This is not a course where simple rote memorization of names and dates will earn
you an acceptable grade. Bear in mind that the semester will go by faster than you think
and plan accordingly.
0: Introduction and overview
Jan 7
no readings
Jan 9
Nat Hentoff, "Prologue"
Michael Tomasky, "Free for All"
1: Philosophical beginnings
Jan 14
Milton, Areopagitica
Jan 16
THOUGHT PAPER DUE
Stanley Fish, "There's No Such Thing As Free Speech and It's a Good Thing, Too"
Jan 21
Mill, On Liberty (chs. 1-2)
Jan 23
Mill, On Liberty (ch. 3)
Jan 28
Mill, On Liberty (chs. 4-5)
Jan 30
Marcuse, "Repressive Tolerance"
Feb 4
Siebert et al., Four Theories of the Press (Introduction, ch. 1)
Feb 6
Siebert et al., Four Theories of the Press (ch. 2)
Feb 11
Siebert et al., Four Theories of the Press (ch. 3)
Feb 13
Siebert et al., Four Theories of the Press (ch. 4)
"The Declaration of Independence"
2: Legal precedents
"Clear and present danger"
Feb 18
Schenck v. United States (1919)
Gitlow v. New York (1925)
Whitney v. California (1927)
Brandenburg v. Ohio (1969)
"Fighting words"
Feb 20
CRITICAL ESSAY #1a DUE
Chaplinsky v. New Hampshire (1942)
Terminiello v. Chicago (1949)
Cohen v. California (1971)
Obscenity
Feb 25
CRITICAL ESSAY #1b DUE
Jacobellis v. Ohio (1964)
Miller v. California (1973)
Other landmark cases
Feb 27
CRITICAL ESSAY #1c DUE
FCC v. Pacifica Foundation (1978)
Nat Hentoff, "How the FCC Saves You From Indecency"
Mar 4
CRITICAL ESSAY #1d DUE
United States v. Eichman (1990)
Carolyn Marvin, "Bad Attitudes, Unnatural Acts"
Mar 6
CRITICAL ESSAY #1e DUE
NO CLASS
Mar 11
SPRING BREAK -- NO CLASS
Mar 13
SPRING BREAK -- NO CLASS
3: Case studies
Hate speech
Mar 18
Nat Hentoff, "God, I Understand How They Feel, But When Will They Think?"
Nat Hentoff, assorted columns on hate speech laws
Richard Goldstein, "Hate Dares Speak Its Name"
Playboy, "Hate Speech"
Alan M. Dershowitz, "Justice"
Mar 20
Richard Goldstein, "Body English"
Richard Perry and Patricia Williams, "Freedom of Hate Speech"
Don Corrigan, "University Administrators' Dilemma: How to Control Hate Speech"
Jon Wiener, "Free Speech for Campus Bigots?"
Nat Hentoff, "'Speech Codes' and Free Speech"
Nat Hentoff, "A Duel Between Symbols of Hate"
Benno C. Schmidt, Jr., "Universities Must Defend Free Speech"
Pornography
Mar 25
CRITICAL ESSAY #2a DUE
Catherine A. MacKinnon, "Introduction" [to Feminism Unmodified]
Susan Griffin, Pornography and Silence [selections]
Mar 27
President's Commission on Obscenity and Pornography // Susan Brownmiller, "Should Pornography Be Protected as Free Speech?"
Frank Easterbrook // James C. Dobson, "Should Pornography Be Protected as Free Speech?"
Lisa Palac, "How Dirty Pictures Changed My Life"
Robert Scheer, "No G Strings Attached"
Movie ratings
Apr 1
CRITICAL ESSAY #2b DUE
Playboy, "Ratings and Reel Life"
Jack Valenti // Paul Schrader, "Does the Letter Still Rate?
Peter Travers, "An X by Any Other Name"
Benjamin Svetkey, "Why Movie Ratings Don't Work"
Trip Gabriel, "The Ratings Game at the Cineplex"
Village Voice, "The Killers"
Warning labels and popular music
Apr 3
CRITICAL ESSAY #2c DUE
Tipper Gore, Raising PG Kids in an X-Rated Society [selections]
Reebee Garofalo, "Setting the Record Straight"
Apr 8
Jim Knipfel, "A Plea for Violence and Death"
Robert Scheer, "Does Censorship Kill Brain Cells?"
Lisa Jones, "The Signifying Monkees"
William Raspberry, "Common Sense Should Win Over Rights When Rappers Spew Filth"
Michael Eric Dyson, "Gangsta Rap and American Culture"
Dave Marsh, "Perception: Protection. Reality: Censorship"
Jonathan Alter, "Let's Stop Crying Wolf on Censorship"
Policing cyberspace
Apr 10
CRITICAL ESSAY #2d DUE
Jonathan Wallace and Mark Mangan, "Memphis Rules"
Donna M. Riley, "Sex, Fear and Condescension on Campus"
Apr 15
Jonathan Wallace and Mark Mangan, "Bomb Speech"
Apr 17
ACLU v. Janet Reno (1996)
4: Wrapping things up(???)
Apr 22
CRITICAL ESSAY #2e DUE
Marsh, 50 Ways to Fight Censorship
Apr 29
TAKE-HOME FINAL DUE