First Amendment Law: Freedom of Expression & Freedom of Religion

This casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law.
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ISBN: 9781531024277
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This is a casebook for First Amendment courses in law schools in the United States. It covers all the major topics under the First Amendment, including freedom of speech, freedom of association, freedom of the press, and the Religion Clauses. Our casebook is designed to be approachable to a wide range of instructors and students. It emphasizes the actual language of important Supreme Court decisions in this area, and so presents opinions with relatively light editing. The book also avoids long, discursive note materials that, in the authors' view, tend to distract or overwhelm most students. Finally, this casebook relies heavily on problems as a tool that instructors can employ to advance and confirm students' understanding of the covered topics.

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Table of contents

PART ONE    FREEDOM OF EXPRESSION 

Chapter 1        THE PROBLEM OF SUBVERSIVE ADVOCACY

Chapter 2        CONTENT REGULATION: THE CHAPLINSKYEXCLUSIONS

Chapter 3        CONTENT REGULATION: NEW CANDIDATES FOR CATEGORICAL EXCLUSION OR LIMITED PROTECTION

Chapter 4        TRANS-SUBSTANTIVE DOCTRINES

Chapter 5        COMPELLED EXPRESSION

Chapter 6        FREEDOM OF ASSOCIATION

Chapter 7        REGULATING THE "TIME, PLACE, AND MANNER" OF PROTECTED SPEECH

Chapter 8        CONTENT NEUTRALITY: THE PRINCIPLE AND ITS PROGENY

Chapter 9        SPEECH ON GOVERNMENT PROPERTY AND THE PUBLIC FORUM DOCTRINE

Chapter 10      ADAPTING DOCTRINE TO NEW TECHNOLOGIES

Chapter 11      TESTING THE BOUNDARIES OF DOCTRINE

Chapter 12      BEYOND REGULATION: THE GOVERNMENT AS EMPLOYER AND EDUCATOR

Chapter 13      BEYOND REGULATION: WHOSE MESSAGE IS IT?

Chapter 14      FREEDOM OF THE PRESS


PART TWO    FREEDOM OF RELIGION

Chapter 15      THE HISTORY AND PURPOSES OF THE RELIGION CLAUSES

Chapter 16      THE ESTABLISHMENT CLAUSE

Chapter 17      THE FREE EXERCISE

Chapter 18      INTERRELATIONSHIPS AMONG THE CLAUSES

Appendix A     THE CONSTITUTION OF THE UNITED STATES

Appendix B     THE JUSTICES OF THE UNITED STATES SUPREME COURT, 1946-2012 TERMS

TABLE OF CASES

INDEX