First Amendment Law: Freedom of Expression & Freedom of Religion

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LexisNexis, May 13, 2010 - Law - 1192 pages
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This new 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. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients.

Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book--closely tracking the structure that the Supreme Court has imposed--helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course.

 

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Contents

THE PROBLEM OF SUBVERSIVE
B THE ABRAMS CASE AND THE HOLMES DISSENT
TRANSSUBSTANTIVE DOCTRINES
B OVERBREADTH AND VAGUENESS
COMPELLED EXPRESSION
A State University Pledge
B COMPELLED SUBSIDY
FREEDOM OF ASSOCIATION
B IIVASIVENESS AND THE PROTECTION OF CHILDREN
TESTING THE BOUNDARIES
B JL DICIAL CAMPAIGN SPEECH
CAMPAIGN FINANCE
A Roadmap Through the Cases and a Glossary
B THE FIRST AMENDMENT IN THE PUBLIC SCHOOLS
WHOSE
Newspapers

REGULATING THE TIME PLACE
City of Struthers
B APPLICATIONS OF THE DOCTRINE
INJUNCTIONS AGAINST PROTESTERS
B OBRIEN AND THE TWOTRACK ANALYSIS
SECONDARY EFFECTS AS A BASIS FOR REGULATION
UNTANGLING
SPEECH ON GOVERNMENT PROPERTY
SPEECH ON PRIVATE PROPERTY
ADAPTING DOCTRINE TO
THE HISTORY AND PURPOSES OF
B HISTORY AND TRADITION
INCORPORATION
THE ESTABLISHMENT CLAUSE
B TENSIONS BETWEEN THE RELIGION CLAUSES
RELIGIOUS SPEECH
Appendix A THE CONSTITUTION OF THE UNITED
Table of Cases
Index
Copyright

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