INTERNATIONAL AND NATIONAL FREEDOM OF EXPRESSION

LAW5FSR

Not currently offered

Credit points: 15

Subject outline

Freedom of speech and regulation is always sharply contested and debated. This subject begins with an exploration of theoretical frameworks for freedom of expression and the limitations those frameworks imply. In the second part provisions in international law both protecting freedom of expression and allowing it to be limited are explored, including the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. In the second part of the course students will analyse Australian regulation of freedom of expression as a national archetype (including via the constitutionally implied freedom of political communication is explored, along with limitations and protections of speech in the Racial Discrimination Act, the film and literature classification system, and the Enhancing Online Safety for Children Act) and compare and contrast this to the approach taken in other countries.  Questions about metadata retention and its impact on press freedom in Australia will be considered.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorJillian Murray

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Enrolment in a PG degree offered by the School of Law or permission of the Course Co-ordinator or delegate.

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsInternational and National Freedom of ExpressionPrescribedVariousVarious

Graduate capabilities & intended learning outcomes

01. Demonstrate a high-level capacity to understand and apply international legal principles relating to freedom of expression.

Activities:
Lectures, concept presentations and tutorials critically analyzing international principles relating to freedom of expression. Students are required to use new language in discussion and written settings. Essay assessment requiring identification and analysis of key concepts requiring reading and analysis of primary and secondary legal materials. Examination questions.
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

02. Explain and critique case-based and statutory principles relating to Freedom of Expression, both internationally and nationally.

Activities:
Frameworks for doctrines explained and illustrated in lectures, individual student reading of cases and texts provided in the Course Materials and in-class discussions to clarify and evaluate applications. Case readings, recorded strategic case presentations. Problem-solving assessment conducted in the examination.
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

03. Demonstrate a developed capacity to integrate case-based and statutory principles to arrive at a solution to a problem raised in a given fact situation

Activities:
Argument development and evaluation modelled through case-study examples in lectures and concept presentations. Individual student reading of cases and textbooks and in- class discussions to clarify and evaluate applications. Examination.
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

04. Compose a written legal opinion as it applies to a problem under national and international law.

Activities:
Modelled through analysis of written cases, discussion in class and student responses in the examination.
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

05. Write effectively using the principles of plain legal English

Activities:
Tutorial discussion and concept presentations emphasising the necessity for clarity; modelling of written case studies, assessment tasks requiring written communication to a range of audiences. Assessed in the annotated bibliography exercise and the examination.
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Inquiry/Research)
Personal and Professional Skills (Autonomy and independence,Study and Learning Skills)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

Subject options

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