The First Amendment: Cases, Problems, and Materials

This new 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, but also includes online materials that help improve student performance.
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5th Edition
$144.75
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ISBN: 9781531001278
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Book Edition: 2018-12

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This new 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, but also includes online materials that help improve student performance. Included are online “roadmaps” at the beginning of each chapter, and “points to remember” at the end of each chapter. Although some sections (e.g., campaign finance) are more truncated in the hard copy edition of the book, full sections (including cases, notes and problems) are available online. Of course, this new edition includes the most up-to-date cases, as well as new, 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.

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