|
First Amendment Law
by
Doug Linder (2009)
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
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 Designated 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
Regulation
of Obscenity
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
Government
Regulations Burdening Religious Conduct
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. |
|