The First Amendment: Cases, Problems, and Materials

To view or download the 2022 Supplement to this book, click here.

The sixth edition of The First Amendment: Cases, Problems and Materials continues the problem-based approach of the prior editions, with its emphasis on longer cases (so that the court can speak for itself) and fewer notes, but also includes new materials that help improve student performance: "roadmaps" at the beginning of each chapter and "points to remember" at the end of each chapter.

In creating this book, the authors of The First Amendment sought to create a "teacher's book" ― a book that is easy to use, that produces rewarding classroom discussion, and that enables students to learn the concepts, doctrines, and analytical tools that underlie the First Amendment. It is designed to help students understand First Amendment theory, lead students to greater insights, generate classroom interactivity, and facilitate effective and inspired learning. It accomplishes these objectives through the inclusion of problems.

The problems are designed to illustrate and clarify doctrinal principles and conflicts, place students in real-life litigation scenarios, help students view First Amendment issues in modern and historical context, and prepare students for actual practice. Some problems raise questions about ambiguous doctrines, while others ask students to apply existing doctrine to new situations. Most problems place students in the position of a lawyer and ask them to explain how they might argue a particular case (e.g., what facts or arguments they might use in support of their positions). The ultimate objective is to advance student ability to solve problems using critical thinking and thereby accelerate development of a core lawyering skill.

The sixth edition covers all of the recent relevant decisions, including Iancu v. Brunetti; Manhattan Community Access Corp. v. Halleck; Matal v. Tam; The American Legion v. American Humanist Assocation; National Institute of Family and Life Advocates v. Becerra; Minnesota Voters Alliance v. Mansky; Janus v. American Federation of State, County and Municipal Employees; Masterpiece Cakeshop Ltd. V. Colorado Civil Rights Commission; Expressions Hair Design v. Schneiderman; Packingham v. North Carolina; and Trinity Lutheran Church of Columbia, Inc. v. Comer. It also includes a variety of new problems involving new situations that have arisen in First Amendment law.

Tradeoffs are necessary for any constitutional law casebook, and this book is no different. Although it includes the landmark cases, it does not attempt to catalog every decision (even every United States Supreme Court ruling) in each of the relevant areas. The authors have chosen cases for a variety of reasons: because they are modern cases that reflect the current state of the law; because they are "landmarks" that students need to read and understand; or because (even though they might be older cases) they provide critical context or enrich understanding and perspective.

The accompanying Teacher's Manual helps familiarize teachers with the subject matter, summarizes the cases, suggests doctrinal or theoretical approaches, offers options on how the book can best be used in class, and provides answers to the problems presented in the casebook.

The supplementary online materials on campaign finance law can be read or downloaded here.

The late Russell Weaver was a Professor of Law and a Distinguished University Scholar at University of Louisville Louis D. Brandeis School of Law.

Catherine Hancock is the Geoffrey C. Bible and Murray H. Bring Professor of Constitutional Law at Tulane University School of Law.