This new casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book- closely tracking the structure that the Supreme Court has imposed- helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course. The accompanying Teacher's Manual offers extensive guidance for taking advantage of the breadth-and depth-of coverage offered by the casebook. The authors have included three different sample syllabi. The running commentary fully analyzes the cases and suggests possible directions for class discussion. The authors also provide answers to the questions that appear in the notes and identify the origins and sources for the Problems.
Whether it is about the freedom to make other people's speeches again for them, I have some doubt.”) See also the comments of Professor Arthur Miller in the same Ginsburg article, supra, at 694 (“As to the First Amendment argument, ...
The First Amendment: Freedom of Speech
Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations.
Rahm was the director of a program at a community college. While he was serving in that capacity, he received a subpoena to testify at the corruption trial of a former program director and provided his testimony without contesting the ...
Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case ...
This law school casebook includes important recent developments in areas such as the regulation of sexually indecent speech on the Internet and other new communications media, the constitutional law of...
With its concise, yet comprehensive presentation, The First Amendment presents the law solely through case excerpts and the author’s own essays, which make the law more readily understood through context and background information.
The author of Mastering First Amendment Law selected only the most important decisions for this book in order to give students the essential knowledge needed to master First Amendment law.
Roth v. United States and Alberts v. California, 354 U.S. 476 (1957). 4. Kingsley International Corporation v. Regents of the University ofNew York, 360 U.S. 684 (1959). 5. Manual Enterprises, Inc. v. Day, 370 U.S. 478 (1962). 6.
This product provides a short and readable source for individuals interested in constitutional law, First Amendment law, and communications law. It is divided into four parts: the history, methodology, and...