Last modified: 08 Nov 2023 14:46
This course engages with the overarching question of the appropriate limits on freedom of expression in liberal democracies in the digital age. It does so through a comparative constitutional approach to the regulation of extreme speech in different jurisdictions, including the US, Canada, the EU, and the UK (among others), with a particular focus on the regulation of online speech. It examines existing constitutional frameworks for the regulation of extreme speech as well as proposals for reform.
| Study Type | Undergraduate | Level | 4 |
|---|---|---|---|
| Term | First Term | Credit Points | 25 credits (12.5 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
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While the notion that freedom of speech is a well-established and valuable right is uncontested in liberal democracies, significant disagreements exist with respect to how it is conceptualised in legal frameworks and the extent to which governmental restrictions on the message or content of expression are considered legitimate. These differences raise significant challenges that are the subject of longstanding debates. In the digital age, advances in technology have transformed these debates by, among other things, profoundly altering the ways in which people communicate with one another and how governments communicate with the public. These advances have opened new pathways for participation in important matters of public debate while presenting new challenges for speech regulation.
This course explores these challenges through a comparative constitutional lens. Jurisdictions/legal frameworks examined in this course include the US, the UK, the EU, and Canada. It covers the constitutional frameworks for the protection of freedom of expression as well as the ways in which particular types of extreme speech are regulated within such frameworks.
Additionally, this course will highlight the unique harms and regulatory challenges flowing from different forms of free speech, including hate speech, terrorist-related speech, and disinformation. Particular attention will be paid to the potential free speech implications of recent regulatory efforts directed to the content moderation practices of online platforms, including social media.
The overarching question driving the course is the appropriate limits on freedom of expression in liberal democracies in the digital age. Students will be encouraged to not only understand the key differences in the protections afforded to expression in different jurisdictions (as revealed in the case law), but to think critically about the principles underpinning these differences and to meaningfully engage with relevant contemporary debates.
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 75 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
The feedback will be provided in written form and in accordance with the Common Grading Scale. The feedback will be provided within three weeks following the assessment, in accordance with the School’s and University’s policies. |
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Understand | Students will be able to interpret and compare legal frameworks applicable to freedom of expression in different jurisdictions |
| Procedural | Apply | Students will be able to implement knowledge acquired concerning divergences in the protections afforded to freedom of expression in different jurisdictions and relevant proposals for reform. |
| Reflection | Analyse | Students will be able to differentiate between jurisdictions with respect to the protection afforded to freedom of expression and attribute particular attributes to specific legal frameworks |
| Reflection | Evaluate | Students will be able to critique existing legal frameworks for the protection of freedom of expression in different jurisdictions as well as proposals for reform |
| Assessment Type | Summative | Weighting | 25 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
The students will engage in a mooting exercise whereby they will present short oral arguments in a case involving proposed reforms to existing free speech protections in a specific jurisdiction. The feedback will be provided in written form and in accordance with the Common Grading Scale. The feedback will be provided within three weeks following the assessment, in accordance with the School’s and University’s policies. |
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Understand | Students will be able to interpret and compare legal frameworks applicable to freedom of expression in different jurisdictions |
| Procedural | Apply | Students will be able to implement knowledge acquired concerning divergences in the protections afforded to freedom of expression in different jurisdictions and relevant proposals for reform. |
| Reflection | Analyse | Students will be able to differentiate between jurisdictions with respect to the protection afforded to freedom of expression and attribute particular attributes to specific legal frameworks |
| Reflection | Evaluate | Students will be able to critique existing legal frameworks for the protection of freedom of expression in different jurisdictions as well as proposals for reform |
There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Reflection | Analyse | Students will be able to differentiate between jurisdictions with respect to the protection afforded to freedom of expression and attribute particular attributes to specific legal frameworks |
| Reflection | Evaluate | Students will be able to critique existing legal frameworks for the protection of freedom of expression in different jurisdictions as well as proposals for reform |
| Conceptual | Understand | Students will be able to interpret and compare legal frameworks applicable to freedom of expression in different jurisdictions |
| Procedural | Apply | Students will be able to implement knowledge acquired concerning divergences in the protections afforded to freedom of expression in different jurisdictions and relevant proposals for reform. |
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