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Wednesday, September 12, 2012

Teaching the First Amendment in Canada

Calling all first amendment and freedom of speech authors and experts: a law prof friend in Canada needs a recommendation for a good text book. Tell me what you wrote or what you like (or both) and why.

Posted by DBorman on September 12, 2012 at 09:37 AM | Permalink

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Not surprisingly, I use Stone et al., The First Amendment, which is now in its fourth edition. I'm technically a co-author of the book, but Geof Stone did the free speech materials (I do the religion clause ones). I think Geof has come up with an incredibly brilliant way of organizing the materials that captures the structure of doctrine in an really illuminating way. (If anyone's interested in a more detailed view about what Geof has done, I'd be happy to engage via e-mail.)

Posted by: Mark Tushnet | Sep 12, 2012 9:50:59 AM

For what purpose? To teach a speech course in Canada? For research? The Volokh book is excellent but very schematic in nature (which might be a plus in this case, depending on the purpose); for a broader notes-and-comments style, I like the Shiffrin et al. book.

Posted by: Paul Horwitz | Sep 12, 2012 9:52:35 AM

Not surprisingly, I use the casebook Arthur Hellman and Bill Araiza and I put together. Its advantages are that it is eminently teachable. The cases are carefully selected and the editing preserves the voices of the Justices. And, perhaps important to your colleague north of the border: our Teacher's Manual is detailed and helpful.

Posted by: Thomas E. Baker | Sep 12, 2012 11:03:20 AM

I am Deb's Canadian contact. I teach at Osgoode Hall Law School (York University) and the Business School at Ryerson University, both in Toronto. The issues are free speech in general and on the internet in particular. I need to both educate myself on American law, and then compare it to the Canadian situation and finally teach it to the students, That is my purpose. Many thanks for the book references to date. As is my nature I will review all of them, and who knows, I might learn a thing or two. Many thanks to my US cousins. Stan

Posted by: stan benda | Sep 12, 2012 12:36:07 PM

Your friend might also want to check in with Steve Ross at Penn State, who teaches a comparative US/Canadian constitutional law course via teleconference with students at UBC that includes material on the First Amendment/freedom of speech.

Posted by: Charles Paul Hoffman | Sep 12, 2012 2:46:08 PM

Fantastic suggestions - thanks, all!

Posted by: DBorman | Sep 12, 2012 3:18:00 PM

Oh, another thought—Colleen Sheppard at McGill teaches (or has in the past taught) a seminar in Constitutional Law of the United States. She might have some good Canadian-specific thoughts on this.

Posted by: Charles Paul Hoffman | Sep 12, 2012 3:23:22 PM

For Stan's purposes, I actually think Daniel Farber's short treatise on the First Amendment is a reasonable place to start, and then something more specific--I'm sure others will have better suggestions--on Internet speech and the law.

Posted by: Paul Horwitz | Sep 12, 2012 4:17:02 PM

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