First Amendment Law
by Doug Linder
(2021)
This site
explores the history and interpretation of the First
Amendment of the U. S. Constitution, including the
Free Speech Clause, the Establishment Clause, and
the Free Exercise Clause. For materials on
other topics related to the Constitution, visit Exploring
Constitutional Law.
THE
FREE SPEECH CLAUSE
Introduction to
the Free Speech Clause
What is
"Speech"?
The "Clear
& Present Danger" Test for Subversive Advocacy
Advocacy of
Unlawful Action and the "Incitement Test"
Substantial
Overbreadth Doctrine
Prior
Restraints
The Press
& Fair Trial Issues
Four-Letter
Words and Other Indecent Speech
A Free Speech History
Lesson: The Trial of Lenny Bruce
Regulation of Hate
Speech
Desecrating Flags
and Other Attacks on American Symbols
First Amendment
Limitations on Civil Law Liability
Does the
First Amendment Protect Lies?
Different Tests
for Different Media?
Permits
and
Fees for Marches, Parades, Rallies
Speech Restrictions
in the Traditional Public Forum
Time, Place,
and Manner Regulations
Speech
Restrictions in the Limited Public Forum
Speech
Restrictions in the Non-Public Forum
Student Speech
Rights
Government-Compelled
Speech
Gov't Speech
& Conditions on Speech Attached to Gov't
Spending
Free Speech
Rights of Public Employees
The First
Amendment and News Gathering: Access to (and
Protection of) Sources
Regulation of
Commercial Speech
Campaign Finance
Regulation
The Right Not to
Associate
What is Obscene?
Regulation
of Child Pornography
Adult-Oriented
Businesses
and the "Secondary Effects" Test
Free
Speech and the State Action Requirement
THE
RELIGION CLAUSES
Religion
and the Bill of Rights: Debates in
the First Congress
Introduction to the
Establishment Clause
Prayer in the
Public Schools
Vouchers & Other
Aid to Religious Schools
The
Evolution/Creationism Controversy
Theocracy Issues:
Looking for Secular Purposes
Religious
Symbols in Public Places
Student-Initiated
Religious
Speech
The Free
Exercise Clause: Rise of the Compelling State
Interest Test
The Free
Exercise Clause: Narrowing of the Test
What does it
mean to "target" a religion?
To see a course syllabus, jump to: FIRST
AMENDMENT LAW
SYLLABUS.
SAMPLE EXAM PROBLEMS
(All teachers are welcome to adopt this
material for their own courses. DL)
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