Understanding the First Amendment,9780820553856

Understanding the First Amendment

by ;
Edition: 3rd
ISBN13: 9780820553856
ISBN10: 0820553859
Format: Paperback
Pub. Date: 2003-02-01
Publisher(s): Lexis Nexis Matthew Bender
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Table of Contents

Acknowledgment v
The Origins and Nature of the First Amendment
Backdrop To The First Amendment
1(4)
Pre-Colonial Developments
2(2)
Colonial Developments
4(1)
Adoption Of The First Amendment
5(1)
Development Of The First Amendment
6(3)
An Early Tradition of Suppression
7(1)
Judicial Review and the First Amendment
8(1)
First Amendment Values
9(3)
Understanding And Applying First Amendment Standards Of Review
12(4)
Speech
13(1)
Press
14(1)
Religion
15(1)
Establishment
15(1)
Free Exercise
15(1)
A Sample Analysis
16(1)
The Problem
16(1)
An Analytical Roadmap
16(1)
The First Amendment In Summary
17(2)
Speech Advocating Violent or Illegal Action
Formative Case Law
19(4)
Toward A More Speech Protective Standard
23(2)
Doctrinal Uncertainty
25(1)
The Modern Standard Of Review
26(5)
Content Regulation
Basic Concepts And Applications
31(1)
Fighting Words
32(1)
Defamation
33(10)
Traditional Doctrine and Seeds of Change
34(1)
Defamation as Protected Expression: The Actual Malice Requirement
35(1)
Public Officials
35(2)
Public Figures
37(1)
The Outer Limits of the Actual Malice Standard
38(2)
The Public Figure Concept Refined
40(1)
The Not Entirely Irrelevant Public Concern Factor
41(1)
Second Thoughts on the Actual Malice Standard
42(1)
Fact and Opinion
42(1)
Intentional Infliction Of Emotional Distress
43(3)
Privacy
46(5)
Publication of Personal Information
47(2)
False Light Privacy
49(1)
Right of Publicity
50(1)
Obscenity
51(8)
The Definitional Challenge
51(2)
Doctrinal Chaos
53(1)
Miller Amplifications and Applications
54(1)
Prurient Interest and Community Standards
55(1)
Patent Offensiveness Specified
55(1)
Speech Value
56(1)
Obscenity's Safe Harbor
56(3)
Content Regulation: Other Candidates for Categorical Exclusion or Limited Protection
``Offensive'' Speech
59(5)
Child Pornography
64(6)
Pornography as Discrimination Against Women
70(4)
Commercial Speech
74(11)
The Backdrop to Modern Commercial Speech Doctrine
75(1)
Commercial Speech as Protected Expression
76(1)
The Standard of Review
77(5)
Special Circumstances: Lawyer Advertising
82(3)
Overbreadth, Vagueness & Prior Restraints
Overbreadth And Vagueness
85(3)
Overbreadth
86(1)
Vagueness
87(1)
Prior Restraints
88(20)
Licensing
89(1)
Overview
89(1)
Motion Picture Licensing
90(3)
Non-Licensing Notifications
93(1)
Parade Permits
93(1)
Licensing Fundraisers
94(1)
Newsrack Licensing
94(1)
Injunctions
95(1)
Overview
95(2)
Prior Restraints and National Security
97(3)
Injunctions Against Abortion Protests
100(4)
Prior Restraints on Commercial Speech
104(4)
Content Neutrality
Speech Intertwined With Conduct
108(3)
Secondary Effects
111(2)
Public Forums
113(8)
Traditional Public Forum
114(4)
Designated Public Forums
118(1)
Reserved Forums
119(2)
Private Property
121(4)
Testing the Boundaries of Doctrine
Religious Speech
125(4)
``Hate'' Speech
129(8)
Early Precedent
129(1)
R.A.V.
130(3)
Sentence Enhancement
133(2)
Campus Speech Codes
135(2)
Campaign Finance Laws
137(22)
Contribution and Expenditure Limitations
137(11)
Corporate Contributions and Expenditures
148(5)
Independent Political Action Committee Expenditures
153(4)
Recent Amendments
157(2)
Freedom of Association and Compelled Expression
The Right To Associate
159(11)
Early Precedent
159(1)
The House Un-American Activities Committee
160(2)
Claiborne Hardware
162(1)
Compelled Admission to Membership
162(8)
``Fusio'' Candidates
170(1)
The Right ``Not To Speak''
170(6)
Overview
170(3)
Parade Inclusion-Exclusion
173(1)
Compelled Financial Support for Expression
174(2)
Unconstitutional Conditions
176(2)
The Other Side Of The Right To Be Let Alone
178(5)
The Government as Employer, Educator and Source of Funds
First Amendment Rights Of Public Employees
183(17)
Prohibiting Electioneering
183(4)
Other Employee Speech
187(8)
Governmental Employee Associational Rights
195(5)
The First Amendment In The Public Schools
200(8)
Student Free Speech Rights
200(8)
Government Financed Speech
208(9)
Overview
208(3)
The National Endowment for the Arts
211(2)
Legal Services Corporation Funding
213(4)
Rights of the Press
Overview: The Significance of the Press Clause
217(2)
Reporter's Privilege
219(2)
Newsroom Searches
221(1)
Access to Prisons
222(1)
Access to Judicial Proceedings
223(2)
Media And Fair Trials
225(8)
The Problem of Prejudicial Publicity
225(2)
Cameras in the Courtroom
227(6)
Media Technology and the First Amendment
Print
233(1)
Broadcasting
234(5)
Fairness Regulation
234(3)
Regulation of Indecent Programming
237(2)
Cable Television
239(4)
Must Carriage
240(1)
Regulation of Indecent Programming
241(2)
Telecommunication
243(1)
Regulation as a Common Carrier
243(1)
Indecency Regulation
243(1)
Internet
244(3)
The Establishment Clause
Financial Aid To Religion
247(19)
Early Cases
248(3)
The Lemon Test and Doctrinal Turmoil
251(3)
Other Applications of the Lemon Test
254(2)
Criticism of Lemon's Three-Part Test
256(2)
Agostini, Mitchell & Continued Doctrinal Turmoil
258(1)
Agostini's Modification of Lemon
258(4)
Mitchell and Neutrality
262(3)
Agostini and Mitchell's Impact
265(1)
School Vouchers
266(12)
State Sponsored Prayer
278(10)
In Public Schools
278(2)
Moment of Silence Laws
280(3)
Legislative Prayer
283(1)
Graduation Prayer
284(4)
Prayer at Athletic Events
288(1)
Curricular Issues
288(7)
Bible Readings
289(2)
Evolution
291(2)
Balanced Treatment of Creation Science
293(2)
Official Acknowledgment
295(10)
The Ten Commandments
296(1)
Church Vetoes
297(1)
Holiday Displays
298(6)
Swearing Belief in God
304(1)
Day of Rest
304(1)
Establishment-Free Exercise And Free Speech Tension
305(12)
Kiryas Joel and Special School Districts
305(4)
Prohibitions Against Discrimination
309(1)
Armed Forces Chaplains
309(1)
Speech and Religion
310(2)
Religious Instruction in Public Schools
312(1)
Use of Public School Facilities
312(1)
Vocational Assistance to the Handicapped
313(1)
Funding of Non-Profit Private Organizations
314(3)
The Free Exercise Clause
Burdens On Religion
317(16)
Early Cases
317(2)
From Sherbert to Smith
319(6)
Modern Cases
325(8)
Discrimination Against Religion
333
Table of Cases 1(1)
Index 1

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