Professor Karen Goodrow
Professor Karen Goodrow, a lecturer in Ethics, Politics and Economics and a former Judge of the Superior Court for the State of Connecticut, discusses her class, “First Amendment, Freedom of Speech, and the Ethics of Law”
Q. How does this course address the interplay between legal standards, ethical considerations, moral reasoning, and political viewpoints on these topics?
The free speech clause of the First Amendment to the United States Constitution protects against government regulation of speech; it generally does not protect against private regulation of speech. However, there are occasions on which the government may impose reasonable time, place and manner regulations on speech. This course will address the interplay and tension between an individual’s right to free speech and the government’s interest in protecting a competing societal right or interest. Political viewpoints are generally protected speech, as is “hate speech”, as that term is generally understood. This course will explore ethical considerations, such as when a speaker may choose not to exercise their right to free speech for the benefit of the collective good. Class discussions will include legal analysis and moral reasoning that influence courts when deciding the extent to which the First Amendment protects speech.
Q. What current or emerging trends are threatening freedom of speech?
Current trends that are threatening freedom of speech include issues surrounding speech on the internet and the difficulty of moderating content on the internet. The United States Supreme Court has referred to the internet as “the modern public square”, and yet, speech on the internet occurs through the private hands of Big Tech. Class discussions will include the role that Big Tech plays in moderating content on the internet and the effect of moderation on free speech rights. Relatedly, the course will examine the immunity afforded to Big Tech through Section 230 of the federal Communications Decency Act, and recent efforts to revise that immunity in order to make Big Tech more accountable for speech on the internet.
Q. How does this course aim to help students navigate the complexities and nuances of differentiating between various types of speech, especially those that are on the boundary of legally acceptable?
This course will provide students with the history of freedom of speech under the First Amendment and how the United States Supreme Court (and other federal and state courts) have interpreted the right to free speech, as well as the limitations on speech. The syllabus assignments include pivotal USSC cases that have established when speech is protected, and when the government may legitimately regulate speech. Topics covered in this course include the fighting words doctrine, the incitement to violence doctrine, and other speech which is not protected by the First Amendment. By analyzing specific legal cases and examining opinions of experts, the course aims to help students navigate the complexities of the law on free speech and the nuanced way in which specific facts in a case may alter the outcome of the case.
Q. What aspects of teaching this summer are you most excited about?
I am most excited about working with the students and providing an opportunity for them to engage in discussion about freedom of speech, and the First Amendment protections (and limitations) on speech. Yale’s Summer Session is an opportunity to bring together a diverse group of students who arrive at the classroom with varying degrees of knowledge and life experiences. My teaching style is to facilitate engagement and discourse among students, emphasizing that all opinions are respected and welcome, and that respectful disagreement is encouraged.
Q. What advice would you give students to succeed in a summer course?
My advice to students to succeed in a summer course is to be prepared by reading/reviewing the syllabus assignments and anticipate issues for class discussion. In this regard, prior to each class, I customarily post an announcement on Canvas which contains questions for class discussions for students to consider while reviewing syllabus assignments and preparing for class. Because the class is highly interactive and engaging, I encourage students to adopt my mantra that “there are no right or wrong viewpoints” – all students benefit from all viewpoints expressed during class. My hope is that this course will better prepare students for public discourse and debate in their own lives, well beyond the classroom.