First Amendment Law: Freedom of Expression & Freedom of Religion
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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. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book-closely tracking the structure that the Supreme Court has imposed-helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices’ private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justice’ won words and the Court’s own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course.
The Third Edition has the following new features:
• A new section devoted to the Supreme Court’s recent decisions rejecting requests to add to the categories of unprotected speech (US v. Stevens, Brown v. Entertainment Merchants Assn, US v. Alvarez)
• A reworked section on campaign finance that presents the relevant information in compact, teachable form
• A reworked chapter on the relationships between the two Religion Clauses that gives prominence to the Court’s important 2012 decision in Hosanna-Tabor Evangelical Lutheran Church v. EEOC
• Compact Note treatment of several older cases with sufficient extracts to permit in-depth class discussion
The accompanying Teacher’s Manual offers extensive guidance for taking advantage of the breadth-and depth-of coverage offered by the casebook. The authors have included three different sample syllabi. The running commentary fully analyzes the cases and suggests possible directions for class discussion. The authors also provide answers to the questions that appear in the notes and identify the origins and sources for the Problems.
This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.
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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