The First Amendment: Cases, Problems, and Materials, Fourth Edition

Select a format

eBook :epub
ISBN: 9780769891293
In Stock
Price
$119.99
QTY
International Order Inquiry

Product details

View a sample of this title using the ReadNow feature

To purchase a printed version of this title, please visit www.caplaw.com.

View or download the free 2015 Online Supplement for this product.

This new Fourth Edition of The First Amendment: Cases, Problems and Materials continues the problem-based approach of the prior editions, with its emphasis on longer cases (so that the court can speak for itself) and fewer notes.

The Fourth Edition includes:
• the most up-to-date cases, including Stevens, Brown Entertainment, Alvarez, and others; and • freshened and updated problems.
In creating this book, the authors of The First Amendment sought to create a "teacher's book" - a book that is easy to use, that produces rewarding classroom discussion, and that enables students to learn the concepts, doctrines, and analytical tools that underlie the First Amendment. It is designed to help students understand First Amendment theory, lead students to greater insights, generate classroom interactivity, and facilitate effective and inspired learning. It accomplishes these objectives through the inclusion of problems.

The problems are designed to illustrate and clarify doctrinal principles and conflicts, place students in real-life litigation scenarios, help students view First Amendment issues in modern and historical context, and prepare students for actual practice. Some problems raise questions about ambiguous doctrines, while others ask students to apply existing doctrine to new situations. Most problems place students in the position of a lawyer and ask them to explain how they might argue a particular case (e.g., what facts or arguments they might use in support of their positions). The ultimate objective is to advance student ability to solve problems using critical thinking and thereby accelerate development of a core lawyering skill.

Tradeoffs are necessary for any constitutional law casebook, and this book is no different. Although it includes the landmark cases, it does not attempt to catalog every decision (even every United States Supreme Court ruling) in each of the relevant areas. The authors have chosen cases for a variety of reasons: because they are modern cases that reflect the current state of the law; because they are "landmarks" that students need to read and understand; or because (even though they might be older cases) they provide critical context or enrich understanding and perspective.

The accompanying Teacher's Manual helps familiarize teachers with the subject matter, summarizes the cases, suggests doctrinal or theoretical approaches, offers options on how the book can best be used in class, and provides answers to the problems presented in the casebook.

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

SUMMARY TABLE OF CONTENTS

Part One      FREEDOM OF SPEECH

Chapter 1       HISTORICAL INTENTIONS AND UNDERLYING VALUES

Chapter 2       ADVOCACY OF ILLEGAL ACTION

Chapter 3       CONTENT-BASED SPEECH RESTRICTIONS: CHAPLINSKY AND THE CONCEPT OF EXCLUDED SPEECH

Chapter 4       CONTENT-BASED SPEECH RESTRICTIONS: POST-CHAPLINSKY CATEGORICAL EXCLUSIONS

Chapter 5       CONTENT-NEUTRAL SPEECH RESTRICTIONS: SYMBOLIC SPEECH AND PUBLIC FORA

Chapter 6       VAGUENESS, OVERBREADTH, AND PRIOR RESTRAINTS

Chapter 7       FREEDOM OF ASSOCIATION AND COMPELLED EXPRESSION

Chapter 8       THE GOVERNMENT AS EMPLOYER, EDUCATOR, AND SOURCE OF FUNDS

Part Two       MEDIA (AND THE FIRST AMENDMENT)

Chapter 9       THE PRESS

Chapter 10     ELECTRONIC MEDIA AND THE FIRST AMENDMENT

Part Three    THE RELIGION CLAUSES

Chapter 11     OVERVIEW OF THE RELIGION CLAUSES

Chapter 12     THE ESTABLISHMENT CLAUSE

Chapter 13     FREE EXERCISE

Chapter 14     ESTABLISHMENT VERSUS FREE EXERCISE AND FREE SPEECH CONCERNS

Table of Cases

Index