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First Amendment Law
by
Doug Linder (2013)
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
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
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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James
Madison,
Drafter
of the First Amendment
| Congress shall
make
no law respecting
an establishment of religion, or prohibiting the
free exercise thereof;
or abridging the freedom of speech, or of the
press; or the right of
the
people peaceably to assemble, and to petition
the Government for a
redress
of grievances. |
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