The First Amendment: Cases and Theory (The Aspen Casebooks)

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The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties.

The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court’s decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students’ mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses.

New to the 4th Edition:

• Revised chapters on basic free speech doctrines including “low value” speech, content neutrality, symbolic conduct, and freedom of association
• Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause
• Consideration of how social media affects freedom of expression

 Professors and students will benefit from:

• Completely revised and updated coverage – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Third Edition
• Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come
• Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses
• The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor
• Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet
• Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine
• Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech
• Reorganized and updated coverage of foundational free speech and association doctrines
• Completely reorganized and updated coverage of the Religion Clauses
• Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses.
• Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs
• Presents the “Lemon,” “endorsement,” “coercion,” and “history and tradition” tests for Establishment Clause challenges
• Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions