First Amendment Law: Freedom of Expression and Freedom of Religion

To view or download the 2021 Supplement to this book, click here.

This book reflects a basic truth: First Amendment law is caselaw. It thus edits cases lightly, and presents them in the Court's own doctrinal structure, in order to reinforce the student's learning of the law as the Court actually developed it. Notes and questions provide guidance in working with the opinions. 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 Justice' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course.

New features in the Fourth Edition include:

• A reorganized chapter order reflecting the Court's increased focus on the content-based/content-neutral distinction;
• A new, freestanding campaign finance chapter;
• An expanded treatment of the history and values of the Religion Clauses; and
• New problems based on recent appellate cases and news stories.

It also features a detailed Teacher's Manual offering comprehensive instructional guidance including references to online resources.

Arthur D. Hellman is Professor of Law Emeritus at the University of Pittsburgh School of Law.

William Araiza is the Stanley A. August Professor of Law at Brooklyn Law School.

Thomas Baker is a Professor of Law at Florida International University College of Law.

Ashutosh Bhagwat is the Martin Luther King Jr. Professor of Law at the University of California at Davis School of Law.