First Amendment Law: Freedom of Expression & Freedom of Religion, Third Edition (2014)

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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.

Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

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