The First Amendment: [Connected eBook]

by Geoffrey R. Stone, Louis Michael Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan

Overview

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

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 Seventh Edition:

● New material on recent developments in free speech and press doctrine

• Discussion of the implications of Iancu v. Brunetti, dealing with the constitutionality of a federal law prohibiting the registration of "disparaging" trademarks
• Discussion of the issue of flags on government property in Shurtleff v. Boston
• Discussion of campaign finance regulation in Federal Elections Commission v. Ted Cruz
• Discussion of the Court's controversial 2023 decision in Counterman v. Colorado
• Discussion of the Court's controversial 2023 decision in 303 Creative v. Elenis

● New material on recent developments in religion clause doctrine

• Discussion of the implications of the Bladensburg Cross case for the doctrine replacing the Lemon test
• Discussion of the Court’s elaboration of the “individualized determination” component of the Smith test, including its application in COVID related cases and in Fulton v. Philadelphia

Professors and students will benefit from: 

● Rigorous questions in the Notes
● Carefully selected and challenging excerpts from articles and books by leading First Amendment scholars
● Thoughtful organization of topics and cases designed to challenge students and to illuminate the evolution and current state of First Amendment jurisprudence

Product Details

ISBN-13:	9798889063025
Publisher:	Wolters Kluwer Law & Business
Publication date:	02/01/2024
Series:	Aspen Casebook Series
Edition description:	Seventh Edition
Pages:	608
Product dimensions:	7.38(w) x 10.00(h) x (d)

Table of Contents

	Preface	xxi
	Acknowledgments	xxiii
	Editorial Notice	xxxv
	The First Amendment	xxxvii
	The Constitution of the United States	xxxix
	Biographical Notes	lvii
	First Amendment Timeline	lxxiii
Part I	Freedom of Expression	1
I	The History and Philosophy of Free Expression	3
	Note: The History of Free Expression	3
	Note: The Philosophy of Free Expression	9
	Note: Organization	18
II	Content-Based Restrictions: Dangerous Ideas and Information	19
A.	Expression that Induces Unlawful Conduct	19
	Shaffer v. United States	20
	Masses Publishing Co. v. Patten	21
	Schenck v. United States	24
	Note: Shaffer, Masses, and Schenck	25
	Frohwerk v. United States	28
	Debs v. United States	29
	Abrams v. United States	30
	Note: Abrams and the Emergence of the Holmes/Brandeis Tradition	33
	Gitlow v. New York	35
	Note: Gitlow and the Question of Deference	39
	Whitney v. California	41
	Note: The Brandeis Concurrence, the Right of Association, and the Road to Dennis	45
	Dennis v. United States	48
	Note: Dennis and the Communist Conspiracy	53
	Note: The Road to Brandenburg	56
	Brandenburg v. Ohio	59
	Note: The Brandenburg Formulation	61
	Note: From Schenck to Brandenburg, and Beyond	64
B.	Speech that "Threatens"	65
	Bridges v. California	66
	Note: Contempt by Publication and the Problem of Threats	68
C.	Expression that Provokes a Hostile Audience Reaction	72
	Terminiello v. Chicago	72
	Cantwell v. Connecticut	73
	Note: Cantwell, the Hostile Audience, and the Subversive Advocacy Analogy	75
	Feiner v. New York	76
	Note: Feiner, Kunz, and the Search for Mechanisms of Control	79
	Note: Revising the Feiner Approach	80
	Chaplinsky v. New Hampshire	83
	Note: Fighting Words	85
	Note: The Skokie Controversy	89
D.	Expression that Discloses Confidential Information	92
	Landmark Communications, Inc. v. Virginia	92
	Note: Landmark and the Problem of Confidentiality	93
	Nebraska Press Association v. Stuart	93
	New York Times Co. v. United States; United States v. Washington Post Co.	95
	Note: Nebraska Press and the Pentagon Papers	103
	Note: The Progressive Controversy	106
	Note: Terrorism and the First Amendment	108
	Note: Dangerous Ideas and Information--Final Thoughts	110
III	Overbreadth, Vagueness, and Prior Restraint	113
A.	Overbreadth and Vagueness	113
	Gooding v. Wilson	113
	Note: Overbreadth	117
	Note: Vagueness	122
B.	Prior Restraint	124
	Lovell v. Griffin	125
	Note: Licensing as Prior Restraint	126
	Near v. Minnesota	131
	Note: Injunction as Prior Restraint	133
IV	Content-Based Restrictions: "Low" Value Speech	139
A.	False Statements of Fact	140
	New York Times v. Sullivan	140
	Note: "The Central Meaning" of New York Times v. Sullivan	146
	Curtis Publishing Co. v. Butts; Associated Press v. Walker	150
	Gertz v. Robert Welch, Inc.	151
	Note: Public and Private Figures, Public and Private Speech	157
	Dun & Bradstreet v. Greenmoss Builders	158
	Note: Other False Statements of Fact	160
	Hustler Magazine v. Falwell	161
B.	"Nonnewsworthy" Disclosures of "Private" Information	163
	Cox Broadcasting Corp. v. Cohn	163
	Note: Invasion of Privacy and the First Amendment	166
C.	Commercial Speech	169
	Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council	169
	Note: Virginia Pharmacy and "The Free Flow of Commercial Information"	175
	Note: Truthful, Nondeceptive Commercial Advertising After Virginia Pharmacy	178
	Central Hudson Gas v. Public Service Commission of New York	180
	Note: Truthful, Nondeceptive Commercial Advertising After Central Hudson	181
	Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico	182
	44 Liquormart, Inc. v. Rhode Island	184
	Lorillard Tobacco Co. v. Reilly	185
	Thompson v. Western States Medical Center	187
	Note: Truthful, Nondeceptive Commercial Advertising After Liquormart, Lorillard, and Thompson	190
	Note: Additional Regulations of Commercial Speech	191
	Note: Labor Disputes and the First Amendment	195
D.	Obscenity	197
	Roth v. United States; Alberts v. California	198
	Note: Obscenity and Free Expression	199
	Note: Developments in the Law of "Obscenity"--1957-1973	203
	Miller v. California	206
	Paris Adult Theatre I v. Slaton	209
	Note: The 1973 Reformulation and Its Aftermath	214
	New York v. Ferber	218
	Ashcroft v. Free Speech Coalition	221
E.	The Lewd, the Profane, and the Indecent	224
	Cohen v. California	225
	Note: Profanity, Cohen, and the Captive Audience	229
	Erznoznik v. Jacksonville	232
	FCC v. Pacifica Foundation	233
	Sable Communications, Inc. v. FCC	239
	Denver Area Educational Telecommunications Consortium, Inc. v. FCC	240
	Reno v. American Civil Liberties Union	242
	United States v. Playboy Entertainment Group, Inc.	243
	Note: The Problem of "Indecent" Expression	245
	Young v. American Mini-Theatres	246
	City of Renton v. Playtime Theatres	251
	City of Los Angeles v. Alameda Books	252
	Note: Zoning and Nude Dancing	253
F.	Hate Speech and Pornography	255
	Beauharnais v. Illinois	255
	Note: Group Defamation and "Hate Speech"	258
	R.A.V. v. City of St. Paul	263
	Wisconsin v. Mitchell	271
	Note: R.A.V. and Mitchell	272
	Note: Pornography and the Victimization of Women	274
	Note: "Low" Value Speech--Final Thoughts	280
V	Content-Neutral Restrictions: Limitations on the Means of Communication and the Problem of Content-Neutrality	281
A.	General Principles	281
	Schneider v. State	281
	Martin v. City of Struthers	282
	Kovacs v. Cooper	283
	Metromedia, Inc. v. San Diego	285
	City of Ladue v. Gilleo	286
	Bartnicki v. Vopper	287
	Note: The Search for Principles	289
	Note: The Meaning of "Content-Neutrality"	291
B.	Speech on Public Property: The Public Forum	295
1.	The Public Forum: Streets and Parks	295
	Commonwealth v. Davis	295
	Hague v. CIO	296
	Schneider v. State	297
	Note: Regulating the Public Forum	298
	Note: Devices for Regulating the Public Forum	304
2.	The Public Forum: Other Publicly Owned Property	306
	Adderley v. Florida	306
	Note: "No Less Than a Private Owner of Property"?	308
	International Society for Krishna Consciousness v. Lee	312
	Note: Modern Public Forum Doctrine	315
	Note: The Right to a "Private" Forum	315
3.	The Public Forum: Unequal Access and the Problem of Content-Neutrality	317
	Police Department of Chicago v. Mosley	318
	Note: Mosley and the "Equality" of Ideas	320
	Lehman v. City of Shaker Heights	325
	Note: Lehman and the Limits of Mosley	328
	Perry Educators' Association v. Perry Local Educators' Association	330
	Note: Quintessential, Designated, and Nonpublic Forums	332
	Note: Religious Expression and the Meaning of "Viewpoint Neutrality"	337
4.	Unequal Access and the Problem of Government Speech	340
	Southeastern Promotions v. Conrad	341
	Board of Education, Island Trees Union Free School District v. Pico	342
	Regan v. Taxation with Representation of Washington	345
	Rust v. Sullivan	346
	Note: The Implications of Rust and the Rosenberger Distinction	349
	Legal Services Corporation v. Velazquez	352
	National Endowment for the Arts v. Finley	355
C.	Symbolic Conduct	360
	United States v. O'Brien	361
	Note: Draft Card Burning and the First Amendment	366
	Note: Flag Desecration and Misuse	371
	Barnes v. Glen Theatre, Inc.	376
	City of Erie v. PAP's A.M.	379
	Note: Political Boycotts	381
	Note: Computer Code	382
D.	Money and Free Expression: Regulation of Solicitation, Contribution, and Expenditure	383
	Village of Schaumburg v. Citizens for a Better Environment	383
	Buckley v. Valeo	385
	Note: Buckley and the Problem of Abridging Speech to "Enhance" the Electoral Process	394
	First National Bank of Boston v. Bellotti	400
	Austin v. Michigan Chamber of Commerce	402
	Note: Additional Regulation of the Electoral Process	404
	Note: The Bipartisan Campaign Finance Reform Act of 2002	410
E.	Other Means of Expression: Litigation, Association, and the Right Not to Speak	412
1.	Litigation	412
	NAACP v. Button	412
	Note: Litigation and the First Amendment	414
2.	Association	416
	Roberts v. U.S. Jaycees	416
	Note: Association and the First Amendment	417
	Boy Scouts of America v. Dale	418
	Note: The Meaning of Dale	421
3.	The Right Not to Speak	424
	Pruneyard Shopping Center v. Robins	424
	Note: Compelled Affirmation, Expression, and Association: The Right Not to Speak	424
	Note: Content-Neutral Restrictions--Final Thoughts	429
VI	Additional Problems	431
A.	Restricted Environments: The Military, Schools, and Prisons	431
1.	The Military	431
	Parker v. Levy	431
2.	Schools	433
	Tinker v. Des Moines School District	433
3.	Prisons	437
	Jones v. North Carolina Prisoners' Union	437
B.	Public Employment	438
1.	Partisan Political Activity	440
	U.S. Civil Service Commission v. National Association of Letter Carriers	440
	Note: Mitchell, Letter Carriers, and Broadrick	442
2.	Criticizing Government Policy	443
	Pickering v. Board of Education	443
	Note: Pickering and Its Implications	445
3.	Patronage	447
	Elrod v. Burns	447
	Branti v. Finkel	450
4.	Subversive Advocacy and Associations	452
	Adler v. Board of Education	452
	Elfbrandt v. Russell	453
	Note: Loyalty Programs and the First Amendment	454
5.	Confidential Information	455
	Snepp v. United States	455
	Note: Snepp, Public Employment, and the Disclosure of Confidential Information	459
C.	Compelled Disclosure of Expression, Belief, and Association	461
1.	General Principles	461
	NAACP v. Alabama	461
	Talley v. California	462
	McIntyre v. Ohio Elections Commission	463
	Buckley v. Valeo	464
2.	Public Employees and Licensees	465
	Shelton v. Tucker	465
	Konigsberg v. State Bar	467
3.	Legislative Investigations	468
	Barenblatt v. United States	469
	Gibson v. Florida Legislative Investigating Committee	471
D.	Freedom of the Press	473
1.	A "Preferred" Status for the Press?	473
2.	A Right to "Gather" News?	474
	Branzburg v. Hayes	474
	Note: A Right to Gather News?	479
	Pell v. Procunier	482
	Houchins v. KQED	483
	Note: A Press Right of Access to Government Information?	485
	Richmond Newspapers v. Virginia	487
	Globe Newspaper Co. v. Superior Court	491
	Note: Variations on the Press Right of Access	492
3.	Differential Treatment of the Press	494
	Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue	495
	Note: Differential Treatment	497
4.	Regulating the Press to "Improve" the Marketplace of Ideas	499
	Miami Herald Publishing Co. v. Tornillo	499
	Red Lion Broadcasting Co. v. FCC	500
	Note: Regulating the Airwaves	503
	Turner Broadcasting System Inc. v. Federal Communications Commission	509
	Note: Turner and the Regulation of Cable	511
	Note: The First Amendment in Cyberspace	515
	Note: Free Expression--Final Thoughts	519
Part II	The Constitutiona nd Religion	521
VII	From the B&N Reads Blog Page 1 of Related Subjects Current Affairs & Politics Law Social Sciences Religion Civil & Human Rights Constitutional Law Civil Rights Law Media & Communications General & Miscellaneous Law Politics & Government - General & Miscellaneous General & Miscellaneous Religion United States Politics & Government Church & State U.S. Politics - General & Miscellaneous Censorship Civil Liberties Civil Rights - United States Communications & Media Law Freedom of Religion U.S. Constitution United States Constitutions - Federal & State Current Affairs & Politics Law Social Sciences Religion Civil & Human Rights Constitutional Law Civil Rights Law Media & Communications General & Miscellaneous Law Politics & Government - General & Miscellaneous General & Miscellaneous Religion United States Politics & Government Church & State U.S. Politics - General & Miscellaneous Censorship Civil Liberties Civil Rights - United States Communications & Media Law Freedom of Religion U.S. Constitution United States Constitutions - Federal & State Customer Reviews