First Amendment (Rothman)
Faculty
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| Jennifer E. Rothman Nicholas F. Gallicchio Professor of Law rothmj@law.upenn.edu |
Additional Information
Skills Training
Oral Presentations
Team Projects
Expository Writing
Other Professional Skills: Students will work on problems during class and represent various parties in simulated litigation. Arguments will be presented orally during class time. Students may also have some short written assignments during the semester to check for understanding.
Grading
25% Participation,
75% Exam,
Other (Class Participation will include participation in class discussions, being on call, problem sets/simulations, and any smaller written assignments)
Exam
Essay,
In Class,
Partial Open Book (You will not have access to the internet or your computer files but can bring in any printed notes, cases, or outlines.)
No
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- Class sessions are regularly recorded. If you are absent due to illness or some other unavoidable circumstance, email me and I can send you an email with instructions for accessing the recording for the class session(s) you missed.
- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.
- Please make an appointment to meet with me and I will review/answer questions about what you missed.
Meeting Times/Location
TR 3:00PM - 4:20PM
Silverman Hall 280
Category
Upper-Level
Credits
3.0
This course will discuss the theory and doctrine of the First Amendment protections for freedom of expression, focused on the First Amendment's guarantees of the freedoms of speech, press, and assembly. How does the First Amendment to the United States Constitution protect these freedoms, and for what purpose? The course will particularly (but not exclusively) focus on issues that media lawyers will likely confront. Topics for discussion will include: constitutional limits on laws that penalize defamation, true threats, obscenity, and using others' property (including intellectual property); prior restraints on publication; constitutional limits on privacy laws; regulation of commercial speech; limits on protests; regulation of speech on the internet, government workplaces, and on campuses; and questions of compelled speech and the conditioning of benefits on speech. There is no required casebook but students need to be willing to read unedited cases.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.
Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.