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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.
Publisher: Carolina Academic Press
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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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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
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