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The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties.The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court's decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students'mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including “low value” speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage – including coverage of the Supreme Court's major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the “Lemon,” “endorsement,” “coercion,” and “history and tradition” tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides

Of the seventy-three cases in the fourth edition of Paul Siegel's Cases in Communication Law, twenty-eight are new to this edition. Among these are such Supreme Court decisions as Air Wisconsin Airlines Corporation v. Hoeper, which gives those who follow the post-911 instruction, “if you see something, say something!” some special protection from libel suits; Brown v. Entertainment Merchants Association, which explicitly gives maximal First Amendment protection to violent video games, even when sold to minors; U.S. v. Alvarez, which prohibits prosecution for falsely claiming one has been awarded a Medal of Honor; and Snyder v. Phelps, which gave notorious minister Fred Phelps the right to mount demonstrations with rather nasty messages at funerals.Siegel has used several criteria to select cases for inclusion in this and previous editions. He admits unabashedly that one of those criteria is the cultural significance, familiarity, and even celebrity of the controversies or the litigants. Just to cite a few examples, this edition includes cases involving such litigants as Michael Moore, Penn & Teller, Joan Rivers, and Madonna, as well as TV programs like Family Guy, CSI, Law and Order, and featured movies include Disturbia, American Gangster, American Beauty, and The Hangover, Part II.

#1 New York Times bestselling author Alan Dershowitz recounts his extraordinary coming of age in this legal autobiography, as well as the cases that have changed American jurisprudence over the past fifty years, most of which he has personally been involved in.“Overflowing with fascinating and funny vignettes involving his cases and clients, and probing and provocative insights into contemporary legal controversies.”—The Boston GlobeAlan Dershowitz, the preeminent defense lawyer in America today, has been called the “winningest appellate criminal defense lawyer in history.” A professor at Harvard Law School since the age of twenty-five, he has led or been part of the defense team for such storied clients as Bill Clinton, Julian Assange, O. J. Simpson, Claus von Bülow, Mia Farrow, Jeffrey MacDonald, Patty Hearst, Mike Tyson, and countless others.In Taking the Stand, Dershowitz describes his evolution as a lawyer—from a C-minus student in Yeshiva High School to the youngest full professor in the history of Harvard Law School. In his #1 New York Times bestselling book Chutzpah, Alan described his Jewish life. In Taking the Stand, he looks at the people and events that have helped to shape his ideas about the law. He describes his formative years as a clerk for the United States Court of Appeals and the Supreme Court. In the course of his career, he confronts the challenges of First Amendment law, the ongoing tension between individual freedom and national security, the questionable science often employed to prosecute accused murderers, the evolution of civil rights—and why the abortion rights debate in society hasn't moved forward since Roe v. Wade.Filled with unforgettable cases and inside legal “baseball,” Taking the Stand is a deeply personal account of one of the legendary legal minds of our time.

This Stories title will enrich First Amendment courses and help students appreciate the premises that animate the cases and the values that are at stake in religious-liberty and free-speech controversies, rarely captured fully by doctrinal presentations. This collection offers carefully selected and rich cases that involve real stories, which can themselves serve as points-of-entry to the many great, ongoing debates that run through our free speech and religious liberty traditions.

Randall P. Bezanson takes up an essential and timely inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. Analyzing contemporary Supreme Court decisions from the past fifteen years, Bezanson argues that judicial interpretations have fundamentally and drastically expanded the meaning and understanding of'speech.'Bezanson focuses on judgments such as the much-discussed Citizens United case, which granted the full measure of constitutional protection to speech by corporations, and the Doe vs. Reed case in Washington state, which recognized the signing of petitions and voting in elections as acts of free speech. In each case study, he questions whether the meaning of speech has been expanded too far and critically assesses the Supreme Court's methodology in reaching and explaining its expansive conclusions.

This book explores select decisions from the Supreme Court relative to free speech. Topics discussed in this compilation include the Westboro Baptist Church (WBC) and its protests of military funerals. Also discussed is the constitutionality of restrictions on the use of health data for commercial purposes. Companies that collect, analyze, and sell this data have challenged the law, claiming that they were unconstitutionally restricted from their free speech rights under the First Amendment. The case of Sorrell v. IMS Health, Inc. is analyzed as well.

From the same authorship team behind the highly successful Constitutional Law and among the leading casebooks in the field, The First Amendment provides a comprehensive and accessible review of speech and religion jurisprudence under the First Amendment. The eminent authorship team, whose members are distinguished both in teaching and scholarship, combines textual, historical, theoretical, and doctrinal approaches in an inclusive and creative survey of the essential elements of modern First Amendment doctrine. It has been completely updated to incorporate recent developments in the field, including campaign finance and government speech, and provides a broader discussion of modern First Amendment issues, including those related to modern technology.New to the Sixth Edition: New coverage relating to: Issues of free speech on campus, extremist speech and online terrorism, hate speech, and issues of “fake news”.New material on cases including: Iancu v. Brunetti and Matal v. TamMasterpiece Cakeshop v. Colorado Civil Rights CommissionNational Institute of Family and Life Advocates v. BecerraSubstantial discussion of Trump v. Hawaii and the Bladensburg cross caseReorganization of the presentation of the role of impermissible purposes in Establishment Clause jurisprudence, in light of the (near) elimination of the Lemon testProfessors and students will benefit from:Rigorous questions in the NotesCarefully selected and challenging excerpts from articles and books by leading First Amendment scholarsThoughtful organization of topics and cases designed to challenge students and to illuminate the evolution and current state of First Amendment jurisprudence

Of the sixty-one cases represented in the second edition of Paul Siegel's popular Cases in Communication Law, forty-one are U. S. Supreme Court decisions, eleven are federal appellate decisions, and four were decided at the federal district court level. The book also includes five state cases. Twenty-two of the cases presented here are new to this edition, including Republican Party of Minnesota v. White, ABC v. Stewart, Solano v. Playgirl, and Amrak Productions v. Morton. Cases dropped from the first edition will be made available on an author-maintained website. This casebook can be used separately or as a companion to Siegel's Communication Law in America.

Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them. At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices. Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures. Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution's guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.

Tinker. R.A.V. Ollman. Hustler-Falwell. Reno-ACLU. Nebraska Press Association. These names are synonymous with contemporary First Amendment litigation. To explore these landmark cases more deeply, author Joseph Russomanno interviewed the people at the core of these and other influential First Amendment cases, and he presents their stories here in a personal, in-depth oral history of First Amendment law. Previously unavailable in other literature, these stories go beyond the'what'of the cases and answer the'why'and'how'of ten major cases from the latter part of the 20th century. Through their own words and photographs, plaintiffs, defendants, and their attorneys describe what it was like to be involved in the development of these historic First Amendment cases. The issues addressed in these landmark cases cover crucial aspects of the First Amendment: freedom of expression, hate speech, libel, privacy, intentional infliction of emotional distress, promises of confidentiality to news sources, free press-fair trial, commercial speech, broadcast and cable television regulation, and new media. These narratives recount the events that initiated the court cases and follow the lead players through the various stages of the U.S. legal system. Excerpts of the court decisions are included at the conclusion of each chapter, and sidebars explain key terms, issues, and names that come up in the process. The cases highlighted here were often difficult and controversial--cases which, on their surface, raise questions about both the participants and their lawyers. A cross burner and a pornographer ask to be protected by the First Amendment; a measure intended to protect children from exposure to lewd content on the Internet is questioned. Through the words of the participants in these cases, the meaning, depth, and reach of the First Amendment becomes clear and demonstrates how the law functions to protect the rights of all individuals. This unique chronicle will appeal to those studying First Amendment law, including mass communication, law, journalism, and political science scholars, and to lawyers, journalists, and political scientists with an interest in this area. The volume is also intended to serve as a supplemental text in a mass communication law course or as a text in advanced First Amendment theory course and political science courses exploring the law, decisions, and processes of the U. S. Supreme Court.