First Amendment Law in a Nutshell / Edition 3by Jerome A. Barron, C. Thomas Dienes
Pub. Date: 01/01/2004
Publisher: West Academic Publishing
Expert authors summarize the principles set forth in case law and explore the philosophical foundations of First Amendment law. Current theories are examined to explain the rationale behind constitutional protection for free expression and freedom of religion. The debate between separationists and religious accommodationists in establishment clause jurisprudence is featured in this text as well.
Table of ContentsPrefaceTable of Cases Part One. Background and Methodology Chapter Text, History and Theory The Marketplace of Ideas Model The Self�Government ModelCivic Republicanism and Civic Virtue Revived The Liberty ModelSelf�Fulfillment and Autonomy Additional Theories of Free Expression Critics of Special Protection for Free Expression First Amendment Methodology Categorization and Balancing Content�Based v. Content�Neutral Regulations Overbreadth and Vagueness Prior Restraint Part Two. Content-Based Regulation and Low-Value Speech Advocacy of Illegal Conduct Dangerous and Offensive Speech Fighting Words Hostile Audiences Offensive Speech True Threats Obscenity and Indecency Obscenity Child Pornography Indecent Speech First Amendment "Due Process" Defamation, Privacy and Mental Distress Constitutionalizing Libel Law Public Figures and Public Issues Public Figures and Private Figures Public Speech and Private Speech Privacy Intentional Infliction of Mental Distress Commercial Speech Commercial Speech in the Chrestensen ERA: A Categorical Approach The Problem of Defining Commercial Speech Virginia Pharmacy and New Protection for Commercial Speech Commercial Speech Differentiated From Other Forms of Protected Speech The Central Hudson Test: Special or Diminished Protection for Commercial Speech? The Fox and the Central Hudson Test Revised Lawyer Advertising Routine Services In�Person Solicitation Solicitation Through Print Advertising and Targeted Mailings Statements of Certification and Specialization Truthful Advertising About Lawful but Harmful Activity New Categories? Racist Speech Pornography and Feminism Part Three. General Approaches The Public Forum Regulating the Public Forum The Nonpublic Forum Private Property Expressive Conduct Standards for Expressive Conduct The Definitional Problem The O'Brien Test Flag Burning Nude Dancing Freedom of Association and Belief Regulation of Group Membership Government Employment and Benefits Registration and Disclosure Compelled Association The Electoral Process Political Speech During the Campaign Electoral Spending Buckley v. Valeo Corporate Spending Access to the Ballot Regulating Political Parties Government Sponsored Environments Student Speech Government Employment Criticizing the Government Political Activity Political Patronage Subsidized Speech: Sponsorship or Censorship? Summary Freedom of the Press The Press Clause"Or of the Press" Journalist's Privilege Protecting Confidentiality Burning the Sourc Gagging the Press Introduction The Nebraska Press Case Silencing the Bar and Other Trial Participants Access to the Courtroom Trial Proceedings Pretrial Proceedings Summary Access to the Media Access to the Electronic Media Part Four. Freedom of Religion Text, History and Theory of the Religion Clauses The Antiestablishment Clause Government Financial Aid to Religious Institutions Religion in the Schools Released Time and Equal Access Religious Exercise in the Schools Religion and Curriculum Control Government Acknowledgement of Religion Related Establishment Clause Problems Taxation and Tax Exemptions Sabbath Day Observance Laws Establishment Clause Miscellany The Establishment Clause Today The Free Exercise Clause Belief/Opinion or Conduct Direct or Indirect Burdens The Reign of Compelling Interest Analysis The Repudiation of Judicial Exemptions Religion in Government�Sponsored Environments The Burdens That Count Formal Neutrality Triumphant Index
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