COMM 5320/6320
FREEDOM OF EXPRESSION
Fall 2018, T/Th, 10:45-12:05, LNCO 2750
Dr. David J. Vergobbi
LNCO 2866, 801-581-3294
Use the Umail address. Do NOT use Canvas to contact me.
Office Hours: Monday 4:10-5:00; Tuesday 12:30-1:30; or by appointment
READINGS: No textbook. We will use a plethora of on-line readings via our Canvas site. Do not automatically print out all the readings listed under COMM 5320. We will be selective of the posted readings. Please follow the syllabus. I’ll alert you to change. And note that I’m an historian, so concentrate on an article’s content, perspective and purpose, not its date.
COURSE OBJECTIVE: The First Amendment to the United States Constitution established a central component of American democracy—the freedom of speech and of the press. Which means, what? Debate began far prior to the amendment and continues today. This class engages that debate.
We’ll explore the philosophical and legal bases of free speech—some say free “expression” and what is that distinction—what it means to/in our society, our democracy, and our daily lives. By semester’s end, you’ll have a greater understanding and appreciation of free speech in an open society and, perhaps, a greater capability to enact yourself and accept from others what some call the fundamental right of our social contract.
Our goal is to inculcate an understanding of, and involvement in, the democratic process and its utter reliance on the First Amendment expressive freedoms of religion, speech, press, assembly and petition.
ACCOMMODATIONS POLICY: I make no content accommodations for this class.
ORGANIZATION: See the following schedule. This reading intensive and discussion-based course pivots upon critical and analytical thinking. By exchanging reasoned/ supported argument and opinion, by questioning those statements and beliefs, and by entertaining the positions of fellow participants, we shall learn from each other via our discussion. I therefore expect each class member to have read all the designated readings and to have prepared answers on all assignments, for preparation and participation are essential to the class discussion format.
To stimulate discussion and assure participation, I call upon students regularly and at random to describe and interpret assigned material. This class, however, is an open discussion, which means I expect you to initiate the debate. And, because discussion sometimes becomes heated, I expect proper respect for each other at all times.
Class sessions will generally include a mix of lecture, in-class problems, and discussion. Again, this is a reading-intensive class, in which we’ll engage and apply the material during class sessions. The course takes a commitment to make it work and for you to excel.
COMM 5320 – FREEDOM OF EXPRESSION – VERGOBBI – FALL 2018
ATTENDANCEand TARDINESS:If you cannot attend every session well prepared, drop the class. As per university standards, I expect regular attendance at all class meetings. By registering for this class you have thus contracted to be here, and I expect you to accept and fulfill that responsibility. If you’re not in class, you can’t participate, and participation is a major grade factor. I will take roll.
To demonstrate how serious I view attendance and how important I believe in-class learning is—and to motivate you—attendance is equivalent to essays, questions, discussion leading, free speech events, and participation. You earn these points: six points for each class attended. However, miss five classes (2.5 weeks) and you fail the course. Make no mistake. I’m not rewarding seat time. I respect students who take seriously their responsibility, so I reward the intellectual engagement necessary to complete this course.
I do not tolerate tardiness. Late arrivals are disruptive and, simply, impolite. I arrive at class ten minutes early to take roll. I will begin class precisely at 10:45. Be present by then to make the roll and earn your points.
Documented death, family tragedy, and medical conditions can excuse an absence. Do not talk to me about employment. If you registered for the class, I assume you have made arrangements to be here, and I expect you to be present.
University Attendance Policy (Student Handbook, U of U Home Page):
“The University expects regular attendance at all class meetings. You are not
automatically dropped from your classes if you do not attend. You must
officially drop your classes by the published deadline to avoid a “W” on your
record.
“You are responsible for satisfying the entire range of academic objectives,
requirements and prerequisites as defined by the instructor. If you miss the first 2
class meetings, or if you have not taken the appropriate requisites, you may be
required to withdraw from the course.
“If you are absent from class to participate in officially sanctioned University
activities (e.g. band, debate, student government, intercollegiate athletics),
religious obligations, or with instructor’s approval, you will be permitted to make
up both assignments and examinations.”
Vergobbi’s Attendance Statement:
CONTACT ME IMMEDIATELY if you “participate in officially sanctioned
University activities.” You have the responsibility to inform me of your status
and provide the proper documentation to “be permitted to make up both
assignments and examinations.” This permission does not operate after-the-fact.
Talk to me now. This concerns any other anticipated and legitimate absences.
YES, I’m a hardcase concerning attendance—for your benefit. Attendance is vital to understand the material. But get here and, believe it or not, we’ll have an enjoyable time in this class. For, you see, I’m a delightful hardcase.
COMM 5320 – FREEDOM OF EXPRESSION – VERGOBBI – FALL 2018
CLASS PARTICIPATION: I expect you to come to class prepared. When evaluating your in-class participation, I’ll consider such factors as physical presence, evident knowledge of and preparation for the material being discussed, willingness and eagerness to participate, willingness to allow others to participate, quality of contributions (e.g., insight versus summary, irrelevant sarcasm versus constructive critical sarcasm), general promptness and respect for one another. “Participation” involves class discussion, small group problems, and various assignments and activities. REMEMBER: Participation starts with paying attention. Fight your electronic urges. I ensure everyone can participate.
Yes, this is a subjective category. But after fifteen weeks together, I understand each of your personalities and assess accordingly. What I look for is EFFORT. Regardless of your personality, I can see whether or not you are making an effort to prepare for class and to engage in the class. Talk with me at any time during the semester if you are concerned with your participation.
ADA STATEMENT: As per the Americans with Disabilities Act, t The University of Utah seeks to provide equal access to its programs, services, and activities for people with disabilities. If you need accommodation in this class, reasonable prior notice must be given to the Center for Disability Services, 162 Olpin Union Bldg, 801-581-5020 (V/TDD), CDS will work with you and the instructor to make arrangements for accommodations. All written information in this course can be made available in an alternative format with prior notification to the CDS.
GRADUATE STUDENTS: Along with fulfilling most of the standard requirements, you must meet higher-level requirements, most notably leading one class discussion and a 25-page research paper. I’ll discuss requirements with you individually.
COURSE REQUIREMENTS:
- Attendance and participation.
- Complete and prepare daily readings.
- Three discussion points/questions [two positives/one negative criticism]from EACH assigned reading/class session. Two copies. Students will give Vergobbi one hard copy at the start of each class. EACH point/question must be typed and you must state the concept and page you are addressing in the reading. Each P/Q is worth three (3) points, for a total of nine (9) points possible per reading. These points add up quickly. Do not shirk them. We will use these Q/DPs for class discussion and application during certain sessions. My primary point of this assignment is to ensure that you are prepared and have in some way reviewed the necessary reading material for each session. See the formatting page below.
- In teams of three or four, students will absorb an assigned reading and lead a class session applying its concepts. I’ll discuss the parameters in class.
- Student teams will also design, plan, and enact a free speech event in the community. I’ll discuss the parameters in class.
- Students will complete three four-page argumentative essays that will test their knowledge and understanding of the freedom of expression and how the discipline relates, applies to, and helps resolve legal and ethical dilemmas faced by individuals and the mass media. These are in lieu of in-class exams. I’ll discuss expectations and criteria for a successful essay in class.
COMM 5320 – FREEDOM OF EXPRESSION – VERGOBBI – FALL 2018
A NOTE ON ASSIGNMENTS: I will fully explain your assignments in class with handouts, Canvas files, and discussion.
GRADING: Attendance……………………………………….…….145 pts.
Participation……………………………………….…..145 pts.
Questions (3 pts. each)...………………………………145 pts.
Team Discussion Group-leaders………………………145 pts.
Team Free Speech Event………………………………145 pts.
Three Essays (145 pts. each).…………………………..435 pts.
TOTAL 1160 PTS.
Other random opportunities for extra points will appear throughout the semester during class sessions, including on-time points. Be present, be prepared, and you’ll reward yourself.
I calculate final course grades by a curve based upon the highest student score.
I do not record scores on Canvas. BUT ask me how you are doing at any time. I’m always happy to visit with you. Contact me.
NOTE: Academic honesty, including plagiarism or cheating, results in an automatic zero for any class. But, you know this.
ADA STATEMENT: The University of Utah seeks to provide equal access to its programs, services, and activities for people with disabilities. If you need such accommodation in this class, please provide reasonable prior notice to the Center for Disability Services, 162 Olpin Union Building, 801-581-5020 (V/TDD),
FURTHER INFORMATION:
Academic Integrity:
Attendance: (See Section O)
Withdrawals:
Semester calendar:
University Accommodations: (See Section Q)
Grading, Registration, and Incompletes:
TWO STRATEGIES FOR SUCCESS:
Your best strategy is to have your readings and Questions/Discussion Points prepared for each day’s discussion. Keep up and you’ll do fine.
Another best strategy is the key to all my classes: Unsupported Claims Crumble—U.C.C. As Roman philosopher Epicurus put it, “Upon all occasions: It does not follow that the thing is, because I think it is,” it must be shown, it must be supported with evidence. This applies to both oral and written arguments.
COMM 5320 SCHEDULE VERGOBBI FALL 2018
Schedule is fluid and discussion-driven. Classes operate on assigned readings. Some later readings might change. Prepare readings, questions & self, and you’ll do well.
WEEK ONE:
Aug. 21, Orientation and Acquaintance. READ story on last page of syllabus.
Aug. 22, Lecture: Conceptualizing the Freedom of Expression
WEEK TWO:
Aug. 28, Lecture: Legal grounding and parameters of free expression
Aug. 30, Lecture continued/discussion.
WEEK THREE:
Sept. 4, READING: J.B. Bury, A History of Freedom of Thought Chp. I:
“Freedom of Thought and the Forces Against It”
Student teams assigned.
Sept. 6, READING: Baruch Spinoza, Theological-Political Treatise, Chp. 20,
“It is shown in a free commonwealth every man may think as he
pleases/say what he thinks”
WEEK FOUR:
Sept.11, READINGS: Voltaire, “Liberty of Opinion” and “Liberty of the Press”
from The Philosophical DictionaryAND Montesquieu, “Of Thoughts,”
“Of Indiscreet Speeches,” and “Of Writings” from Spirit of the Laws
ESSAY ONE DISTRIBUTED. Due Sept. 20.
Sept.13, TEAM ONE READING: Cato, Letter No. 15, “Of Freedom of Speech”
WEEK FIVE:
Sept. 18, TEAM TWO READING: Tunis Wortman, Treatise Concerning
Political Enquiry and the Liberty of the Press, Chps. VIII, IX, X.
Sept. 20, ESSAY ONE DUE, discussed and applied.
Also, Team Free Speech Event assignment defined, with group discussion.
Teams must conclude their speech event by the end of Week Twelve.
WEEK SIX:
Sept. 25, TEAM THREE READING: John Stuart Mill, On Liberty, Chp. 2, “On
the Liberty of Thought and Discussion.”
[Be clear on Mill’s argument versus his explaining opponent arguments.]
Sept. 27, TEAM FOUR READING: David Rabban, “1st Am….Forgotten Years.”
WEEK SEVEN:
Oct. 2, READING: “20th Century Cases” pdf. An extra points day. Be here.
Oct. 5, No class. Academic conference.
FALL BREAK: October 6-14
COMM 5320 SCHEDULE VERGOBBI FALL 2018
WEEK EIGHT:
Oct. 16, READING: “Theories of Free Speech”
Oct. 18, READING: Thomas Emerson, “Toward a General Theory of the 1st Am”
WEEK NINE: [ALERT: Team Free Speech Events MUST be concluded by Week 12.]
Oct. 23, TEAM FIVE READINGS: David Vergobbi, “News Media & American
Democracy [excerpt]” and “The Enemy of the People” [pdf columns TBA].
ESSAY TWO DISTRIBUTED. Due Nov. 6.
Oct. 25, READINGS: Michael Kang, “The Campaign Finance Debate after
Citizens United”; Citizens United v. F.E.C. pdf.; Lee Davidson, “Big Bucks in Utah Politics”; Cheryl Nunn, “Utah Dark Money Campaigns.”
WEEK TEN:
Oct. 30, Film/discussion: “Frontline: Big Sky, Big Money”
Nov. 1, Frontline film/discussion concluded
WEEK ELEVEN:
Nov. 6, ESSAY TWO DUE, discussed and applied.
Nov. 8, TEAM SIX READING: Robert Picard, “Freedom of the Press in the 21st
Century…The Future of the Political Economy of Press Freedom.”
WEEK TWELVE: [Team Free Speech Events MUST be concluded by week’s end.]
Nov. 13,READING: David Vergobbi, “Texas v. Johnson”; Orrin Hatch column
Nov. 15, (continued): Vergobbi, “Texas v. Johnson”: Hatch column
WEEK THIRTEEN:
Nov. 20, TEAM SEVEN READING: Joshua Azriel, “The Internet and Hate
Speech: An Examination of the Nuremburg Files Case.”
ESSAY THREE DISTRIBUTED. Due Dec. 6.
Nov. 22, No class. Give thanks in many ways.
WEEK FOURTEEN:
Nov. 27, READING: Megan McArdle, “12 Rules for Free Speech.”
IN CLASS: Thomas Jefferson Center for 1st Am. Muzzle Awards.
Nov. 29, Student Choice Muzzle Awards.
WEEK FIFTEEN:
Dec. 4, READING:Cass Sunstein, “The Future of Free Speech.”
Fully consider Sunstein’s speculations: WE are the future of which he
wrote. Use your Q/DPs to assess where he’s accurate or inaccurate.
Dec. 6, ESSAY THREE & TEAM REPORTS DUE. Events discussed.
COMM 5320 – RE: QUESTIONS/DISCUSSION POINTS
Here is an organizational format to use when writing the three Questions/Discussion Points for our class readings. I ask you to use this format because it will help focus your thoughts, ensure you include all needed elements, and streamline my review.
Stoic ethics philosopher Epictetus reminds us that, “Most people only know how to respond to an idea by pouncing on its shortfalls rather than identifying its potential merits.” Not in this class. We’ll emphasize merits and analyze shortfalls.
So, for each class session readings, you MUST produce two (2) Q/DPs addressing positive criticisms and one (1) Q/DP addressing a negative criticism. “Positive criticism” means an aspect of the reading that does help us understand, build and apply a strong freedom of expression right.
“Negative criticism” means an aspect of the reading that does not help us understand, build and apply a strong freedom of expression right.
Use an outline format:
First, state the author name and article title at the top of your page.
Second, include, and number, the following four elements for EACH of your three Qs/DPs:
- State the page number of the article you are referencing.
- Succinctly paraphrase the concept with which you are concerned.
- State one clear Question or Discussion Point that addresses that concern.
- Explain in a few sentences why you were interested in the concept and why you raised the Question or focused on the Discussion Point in the first place. In other words, provide your thinking, your reasoning that explains and supports why you raise the Question or Discussion Point. This element will also remind yourself of your reasoning during class.
Remember, you must type your Qs/DPs. I will not accept hand-written copies. Hand in your Qs/DPs when you enter the room.
Remember, too, two copies: one paper copy for Dr. V; one paper or electronic copy for you (just be sure you can access it in class).
COMM 5320 – FREEDOM OF EXPRESSION – DISCUSSION TEAMS
TEAM MEMBERS______
READING______
On topic, well-prepared, well-developed dicussion of points. Clear focus
on primary points. Emphasized and prompted class discussion over summation. Originality in leading discussion. Fully engaged class. All group members
fully contributed…………………………………………………………145 pts.______
On topic, well-prepared. Clear focus on primary points. Emphasized
discussion over summation. Originality in leading discussion. Generated
class participation. All group members fully contributed………………130 pts.______
On topic, prepared. Summation at times overcame discussion. Some
points clearly focused upon, others less so. Straightforward panel
approach, but insightful questions. Uneven. Some difficulty engaging
class. Group members did/did not fully participate…………………….115 pts.______
On and off topic. Not fully prepared. Summation often overcame
discussion. A few points clarified, but did not capture essence of
reading. Panel approach. Surface questions. Uneven. Class
participation mixed. Mixed participation by group members…………..100 pts.______
Preparation questionable. Summation not discussion.
Pursued a point or two. Panel approach. Questions asked
For regurgitation of author. Did not engage class.
Mixed participation by group members………………………………….80 pts.______
Showed up. Did not prepare. Did not engage class discussion.
Poor participation by group members…………………………………….50 pts.______
COMM 5320 – TEAM DISCUSSION/EVENT – TEAMMATE EVALUATION
These evaluations are confidential. Do not sign your name to it. They help attain fairness in the group grading process for the final project. This includes ALL your work together as a team. Please make copies and complete one evaluation for each of your partners.