Federal Constitutional Law: The First Amendment (Volume 6) (2014)

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ISBN: 9781630431983
Published: October 10, 2014
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This is the sixth volume in the Federal Constitutional Law Modular Casebook Series. This innovative modular concept facilitates focused study of federal constitutional law. Volume 6: The First Amendment also works as a stand-alone text for a First Amendment class. Volume 6: The First Amendment explores the original purposes and intentions for the adoption of the First Amendment, which illuminates the book's coverage of:
•  The Free Speech Clause
•  The Free Exercise Clause
•  The Establishment Clause

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Table of Contents

Chapter 1 THE FREE SPEECH CLAUSE

A. Introduction

B. Original Meaning of the Free Speech Clause

C. Contested Purpose(s) of Free Speech Protection

D. What Counts as Protected "Speech"

E. When Is the "Freedom of Speech" Infringed?

F. Vagueness and Overbreadth

G. Content-Based and Content-Neutral Regulations

H. Categories of Protected, Unprotected, and Less-Protected Speech

I. Public Forum Doctrine



Chapter 2 THE FREE EXERCISE CLAUSE

A. Introduction

B. Original Meaning of the Free Exercise Clause

C. What Counts as a "Religion"?

D. When Is the "Free Exercise" of "Religion" Infringed?

E. When Is the "Free Exercise" of "Religion" Violated?

F. The Smith Rule

G. Continued Strict Scrutiny in Limited Circumstances



Chapter 3 THE ESTABLISHMENT CLAUSE
A. Introduction

B. Original Meaning of the Establishment Clause

C. The Seminal Case: Everson v. Board of Education and the Birth of Strict Separation

D. Varying Approaches to the Establishment Clause

E. The Relationship Between Free Speech And Establishment: Religion's Proper Place in the Public Forum



Table of Cases
Index