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Section 1 : Legal Foundations

Section 1 : Legal Foundations. U.S. Constitutional Foundations. First Amendment Legal History. Colonial Period to Constitution: Roger Williams and the Tolerance Principle Federal role in colleges? Selective Incorporation “Public Law” Rights Post-WWII Expansion

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Section 1 : Legal Foundations

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  1. Section1: Legal Foundations

  2. U.S. Constitutional Foundations

  3. First Amendment Legal History • Colonial Period to Constitution: Roger Williams and the Tolerance Principle • Federal role in colleges? • Selective Incorporation • “Public Law” Rights • Post-WWII Expansion • NY Times v. Sullivan (1964) and the role of “media law”: The First Amendment and social justice intersect • The Constitution comes to campus: End of privilege era • Dixon v. Alabama (1961)

  4. State law and “private” contract law • Many states have their own rules. • Ex. Massachusetts • “Private Law” can create rights via contract. • Promises • Accreditation • Professionalism Norms • AAUP

  5. Watch Dogs—Valuing Meta-Values • ACLU • AAUP – “Censure” • FIRE—Traffic Lights • Advocates, Activists, Stakeholders and “Shapeholders” • See Mark Kennedy, Shapeholders: Business Success in the Age of Activism (Columbia Business School Publishing 2017). • Watch Yourself: How sincerely can you be committed to the meta-values of FAFSEI?

  6. Rights, powers and responsibilities—some thoughts • Few rights to equal resources in the FAFSEI world • No right to make others listen, or care, or be nice, or do good, etc. • Responsibility to know your rights—Use it or lose it! • Some speech or expression is simply not protected. Some is unlawful, even criminal. Examples: True threats, defamation, etc. • Anyone could be Alexander Hamilton today! Are we teaching FAFSEI values? • The power of listening, not speaking. • FAFSEI rights intersect with other rights. Example: Title IX

  7. REMEMBER: Free Speech Isn’t Free! Protest Management at UC Berkeley for FY17: $900,000

  8. The American First amendment experience • Not Global! • The Search for Truth • Diversity/Marketplace of Ideas • Role in a Democracy • Indoctrination/Education/ FAFSEI • Civil Disobedience & Martyrs • Why are lawyers so engaged with FAFSEI rights?—The Rule of Law

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