Free Speech on Campus

Professor Lee Epstein and Chancellor Andrew D. Martin
Political Science 3342
Spring 2026

Outline and Readings

Part 1. Introduction to the Course

Reading: Brown, et al., Free Speech: A Campus Toolkit, Preliminaries, xi-xix. Please read before the first class (January 23)

Part 2. Four Tools for Analyzing Free Expression Controversies

Tool #1. Justifications for Free Expression
•Discovering Truth (The “Marketplace of Ideas”)
•Facilitating Participation by Citizens in Political Decision Making
•Assuring Individual Self-Fulfillment/Autonomy
•Creating a More Adaptable and Stable Community (The “Safety-Valve”)
•Promoting Tolerance

Reading: Brown, et al., Free Speech: A Campus Toolkit, pp. 1-25. Please read before the first class (January 23) and be prepared to:

•Explain and defend each justification
•Offer challenges to each
•Consider the value of each for campus speech

Tool #2. Free Expression in the Supreme Court (Doctrine)
•Overview of Free Expression Doctrine
•What is Speech?
•Is the Government Regulating Speech?
•Does the Speech Fall Into an Unprotected Category?
•Who is Speaking?
•Is the Regulation a Prior Restraint on Expression?
•Is the Regulation Vague or Overbroad?
•Is the Regulation Content-Neutral or Content-Based?

Reading: Please skim Brown, et al., Free Speech: A Campus Toolkit, Chapter 2. We’ll review this chapter in some detail in class.

Tool #3. Social Science Perspectives on Free Expression
•What People Say about Free Speech
•Why People Say What They Do (and Why Justices Vote as They Do)
•Strategies for Neutralizing Bias

Reading: Brown, et al., Free Speech: A Campus Toolkit, Chapter 3. Please read before the second class (January 24) and be prepared to discuss patterns in support for free speech.

Tool #4. Campus Speech and Academic Freedom in Historical Context

•Universities are a “They,” Not an “It”
•Brief History of Free Speech/Academic Freedom in Universities
•Major Statements Related to Free Speech

Reading: Please skim Brown, et al., Free Speech: A Campus Toolkit, Chapters 4 and 5. We’ll review these chapters in class. Also of interest may be WashU’s “Freedom of Expression” website, which houses policies, statements, and other material related to free speech at the university.

Part 3. Case Controversies
(You don’t need to click this link for the first class.)