The First Amendment: Cases and Theory

A comprehensive, up-to-date, and accessible text, The First Amendment: Cases and Theory, Third Edition, uses the case method to elucidate theory and doctrine. In an area rife with 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. Because the Supreme Court’s First Amendment jurisprudence has been a work in progress for many decades, the editors present the cases and doctrinal developments in historical context, thereby showcasing the Supreme Court’s evolving tests, standards, and approaches. 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. In an increasingly globalized marketplace of ideas, U.S. students need to have some appreciation of the idiosyncratic nature of U.S. free speech law and the degree to which the U.S.’s highly speech-protective legal metrics have failed to gain widespread acceptance in the larger world. All major contemporary free speech controversies receive coverage. Key Completely revised and updated coverage to 2017 – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Second Edition Completely revised and updated coverage to 2017 – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Second 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 and also for more narrowly focused courses on only the Speech, Press, and Assembly Clauses or the Religion Clauses Includes the participation of Carolina Mala Corbin, a noted expert on the Religion Clauses and government speech, as a new casebook co-author 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 Includes up-to-date coverage of the growing conflicts over religious exemptions to public accommodation laws Completely re-organized and updated coverage of the Religion Clauses, including dedicated coverage of RFRA and state mini-RFRAs 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

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