The First Amendment: Cases and Theory, Second Edition (Aspen Casebook Series)

Cases and doctrinal developments in The First Amendment: Cases and Theory are presented in historical context so that students may understand the Supreme Court's evolving tests, standards, and approaches to the Speech, Press, Assembly, Petition, and Religion Clauses in historical context through lightly edited cases. Engaging problems help students apply legal concepts in real situations. All the major contemporary free speech controversies are covered, including conflicts between free speech and national security, equality, civility, and other values, with particular attention to how these conflicts are playing out in the Internet context. Introductory chapters set the stage, and brief chapter overviews introduce the main themes and doctrines to improve student learning from the cases. The First Amendment: Cases and Theory is teachable in a standard three-hour survey course. It is also useful as a casebook for specialized offerings on the Speech, Press, Assembly, Petition Clauses, or the Religion Clauses.

The Second Edition features major First Amendment cases that have come down since 2007: Arizona Christian School Tuition Organization v. Winn (taxpayer standing to challenge tax credits for religious schooling); Arizona Free Speech Club v. Bennett (equalization of ampaign expenditures); Brown v. Entertainment Merchants Association (violent video games and children); Christian Legal Society v. Martinez (college and university student organization antidiscrimination policies); Citizens United v. Federal Election Commission (direct corporate electoral expenditures); Davis v. Federal Election Commission (equalization of candidate campaign expenditures); Holder v. Humanitarian Law Project (material support of terrorism federal law and free speech); Pleasant Grove v. Summum (public forums and monuments); Salazar v. Buono (government speech in a government park); Snyder v. Phelps (offensive funeral protests); Sorrell v. IMS Health (data mining as speech); United States v. Stevens (depictions of animal cruelty); and United States v. Williams (solicitations of child pornography.) New issues of First Amendment law such as The Stolen Valor Act are included in a refined presentation, strategically edited for greater clarity.

Features:

• cases and developments in doctrine presented in historical context
• comprehensive coverage of all major First Amendment cases and doctrines, including materials on both expressive freedoms and also on the Establishment and Free Exercise Clauses
• lightly edited cases to enhance student comprehension in a complex area of constitutional law
• engaging problems help students apply legal concepts
• addresses major contemporary free speech controversies
  • conflicts between free speech and national security
  • free speech and equality
  • free speech and the Internet
• introductory chapters on free speech, establishment of religion, and free exercise set the stage
• brief chapter overviews introduce main themes and doctrines to improve student learning from cases
• flexible use o teachable in a standard three-hour survey course
  • use as casebook for specialized offerings on the Speech, Press, Assembly, Petition Clauses, or Religion Clauses

Thoroughly updated, the revised Second Edition presents:

• major First Amendment cases that have come down since 2007
• o Arizona Christian School Tuition Organization v. Winn (taxpayer standing to challenge tax credits for religious schooling)