Comprehensive, timely, and accessible, The First Amendment: Cases and Theory
uses the case method to elucidate theory and doctrine. Thoughtful historical
context and dynamic coverage of current issues fuel and enrich class
discussion.
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Distinguished authorship by respected First Amendment scholars
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An emphasis on the case-method approach—cases are lightly edited in
recognition of the importance of context to a study of constitutional
jurisprudence
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Discussion of historical background that elucidates the Supreme Court’s
tests, standards, and approaches to First Amendment issues
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Overviews in each chapter introduce the main themes and doctrines to
better prepare students to read the cases that follow with greater insight and
understanding
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Introductory chapters on free speech and the establishment and free
exercise of religion
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Thought-provoking questions that point to the themes and factors
underpinning case law
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Problem exercises that engage students in applying legal concepts
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Thorough coverage of the Speech, Press, Assembly, Petition, and
Religion Clauses
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Discussion of major contemporary controversies—such as the impact of
technology on free speech jurisprudence—as well as conflicts between free
speech and national security, civil rights, and the Internet
With a flexible organization that can be adapted to a three-hour survey
course—or more specialized courses on speech, press, assembly, the petition
clauses, or the religion clauses—this casebook offers both scope and depth in
a highly supportive pedagogical framework.
Part I: Freedom of Expression
Chapter 1: The History, Values, and Content of the First Amendment
Chapter 2: Setting the Modern Stage – Incitement and the “Clear &
Present Danger Test”
Chapter 3: Content-based Discrimination
Chapter 4: Content Neutrality & the Regulation of Speech on Government
Property
Chapter 5: Symbolic Speech and Expressive Conduct
Chapter 6: Compelled Speech and Anonymous Speech
Chapter 7: Commercial Speech
Chapter 8: Regulation of the Mass Media
Chapter 9: The Conflict Between Free Speech and Promoting
Equality/Civility
Chapter 10: The Regulation of Sexually Explicit Speech
Chapter 11: Tort Law and the First Amendment
Chapter 12: The Government as Speaker and Employer
Part II: The Religion Clauses
Chapter 13: Defining and Enforcing the Establishment Clause
Chapter 14: The Establishment Clause and Government Endorsement of
Religion
Chapter 15: The Establishment Clause and Government Financing of Religion
Chapter 16: Free Exercise of Religion
Table of Cases
Table of Authorities
Index
