Exploring First Amendment Law

First Amendment Law
         by Doug Linder (2014)

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)
 

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. 


Send comments concerning this site to linderd@umkc.edu. 
Selected First Amendment Problems
First Amendment Center
Other First Amendment-Related Materials
 

Famous Trials Website
Exploring Constitutional Law