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The Law of Freedom of Expression

Module description

The course will provide you with an advanced understanding of the law relating to freedom of expression in the UK. We will assess the influence of the ECHR in the domestic protection of free speech and we will address key debates relating to the appropriate means of balancing freedom of expression with other interests. Key issues we will examine relate to: the theoretical foundations for the protection of free speech, when it is acceptable to criticise someone’s religion, when employers should be able to sack employees for their social media posts or for blowing the whistle on wrongdoing, whether inflammatory speakers should be banned from universities, and whether hate speech should be a criminal offence.

Module aims - intentions of the module

This module seeks to provide you with advanced knowledge of the law relating to the regional and domestic protection of freedom of expression. In particular, on successful completion of this module, you should be able to: communicate knowledge and understanding of the major principles of freedom of expression; identify the relevant issues which arise in a problem or essay question; analyse and evaluate and apply the law in context to reach conclusions.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. demonstrate detailed and comprehensive knowledge and understanding of how freedom of expression is protected in the law.
• 2. select and assess appropriate techniques of evaluation and to evaluate selected aspects of freedom of expression protection critically

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 3. demonstrate detailed and comprehensive knowledge and understanding of a range of legal rules, relevant legal concepts, values and principles, and the ability to critically analyse and appreciate their contextual, social and political implications;
• 4. Critically apply legal knowledge to a problem or case study, discuss it and suggest solutions/ conclusions, while making informed and effective judgments about the merits and relevance of particular information and making reasoned choices between alternative solutions or arguments;

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 5. take responsibility for own learning, develop the ability to engage critically with primary and secondary legal sources using appropriate interpretative techniques, argue effectively, reflectively and concisely in writing, in a manner appropriate to the discipline and in task-specific ways;
• 6. identify, retrieve and use efficiently a range of library-based and electronic resources with minimum guidance

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

• The theoretical foundations for protecting freedom of expression in the law
• Balancing competing interests: speech & religious beliefs
• Balancing competing interests: speech & privacy
• Balancing competing interests: speech & reputation
• Offensive speech & hate speech
• Speech in the workplace
• Protection of journalism
• Unauthorised leaks of information and whistleblowing
• Speech & the right to protest
• Speech on campus

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

Indicatively, Eric Barendt, Freedom of Speech (OUP, 2007), Jeremy Waldron, The Harm in Hate Speech (Harvard University Press, 2012),  Frederick Schauer, Free Speech: A Philosophical Inquiry (CUP, 1982)

Key words search

Freedom of Expression