First Amendment

• Comprehensive clause-by-clause collection of the essential texts for understanding the Bill of Rights.
• Provides textual background for the Bill of Rights from the original Federal and state sources.
• Delineates a history of each clause from proposal through drafting through adoption.
• Provides original source material without editing or "corrections" by editors at the risk of introducing bias.

Publisher's description

A leading fifth edition text by a prominent scholar, Constitutional Law, is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach presents the law solely through case excerpts and his own essays, and with the author’s context and background information, the law becomes more readily understood. The text’s flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material. Finally, a complete Teacher's Manual and Annual Case Supplement round out this acclaimed Constitutional Law text.
Publisher's Description

A leading text by a prominent scholar, Constitutional Law is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach presents the law solely through case excerpts and his own essays. With the author’s context and background information, the law becomes more readily understood. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. A complete Teacher's Manual and Annual Case Supplement round out this acclaimed text.

Publisher's description

Relied on by students, professors, and practitioners, Erwin Chemerinsky s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses.

This new, Fifth Edition features updated material throughout, including:
-Significant attention given to developments in law since publication of previous edition
-New material on standing, congressional power, presidential power and the war on terror; preemption, school desegregation; abortion rights and voting rights
-Covers First Amendment issues concerning speech and religion
-Includes recent and significant cases: Hein v. Freedom from Religion Foundation; Boumediene v. Bush; Hamdan v. Rumsfeld; Wyeth v. Levine; Philip Morris USA v. Williams

Publisher's description

Co-authors Ides and May bring over 60 years’ combined experience teaching constitutional law to this well-written, comprehensive E & E guide. With its problem-based pedagogy, focus on individual rights, and accessible text, Constitutional Law: Individual Rights, Examples and Explanations challenges students to think critically about the larger issues and apply information to fact patterns. The Sixth Edition incorporates a multitude of key individual-rights decisions from the Supreme Court’s October 2009, 2010 and 2011 Terms, and offers updated examples and explanations designed to guide students to a deeper understanding of the evolving rights of individuals under the Constitution.

Publisher's description

For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.
Amazon Description

The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.
Amazon Description

Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement.
Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories. Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.
Amazon Description

This book reflects a basic truth: First Amendment law is caselaw. It thus edits cases lightly, and presents them in the Court's own doctrinal structure, in order to reinforce the student's learning of the law as the Court actually developed it. Notes and questions provide guidance in working with the opinions. 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 Justice' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course. Amazon Description.

his 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 Justice' 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 Third Edition has the following new features:

• A new section devoted to the Supreme Court's recent decisions rejecting requests to add to the categories of unprotected speech (US v. Stevens, Brown v. Entertainment Merchants Assn, US v. Alvarez)
• A reworked section on campaign finance that presents the relevant information in compact, teachable form
• A reworked chapter on the relationships between the two Religion Clauses that gives prominence to the Courts important 2012 decision in Hosanna-Tabor Evangelical Lutheran Church v. EEOC
• Compact Note treatment of several older cases with sufficient extracts to permit in-depth class discussion.
Amazon Description

This collection of fourteen essays written by young communication scholars at the University of Arkansas presents unique insights into how First Amendment issues have played out in the state. Rather than exploring the particular legal issues and the constitutional principles enunciated by the courts, First Amendment Studies tells the stories of actual people expressing challenged or unpopular points of view and reveals the ways that constitutional controversies arise from the actions of local officials and individual citizens.

Drawing on public documents as well as extensive interviews with participants, these essays demonstrate the dynamics of democratic dissent—on college campuses, in public schools, in churches, on the streets, in the forests and on the farms, and in legislative chambers and courtrooms.
Each essay was selected for the Richard S. Arnold Prize in First Amendment Studies, an endowed fund established in 1999 to encourage University of Arkansas graduate students in communication and the liberal arts to explore and examine questions about freedom of speech and freedom of religion.

Jumpstart Constitutional Law: Reading and Understanding Constitutional Law Cases, sheds light on the threshold issues and substantive questions common to all constitutional law cases thus bringing everything into focus for the student. Key to constructing cogent answers on a Constitutional Law exam, Jethro K. Lieberman s straightforward approach teaches students how to spot the issues and respond to the relevant questions in any constitutional law case.

Publisher's Description

A lively and controversial overview by the nation’s most celebrated First Amendment lawyer of the unique protections for freedom of speech in America.
Amazon Description

The overarching objective of Understanding the First Amendment is to facilitate student learning efficiency and academic success. Toward this end, it focuses upon core subject matter that is likely to be tested in a law school examination or on the bar examination. The book also provides tools that enable students to organize the course and their understanding in a way that enhances retention. The beginning of each chapter highlights key points of coverage. The end of each chapter indicates essential points to remember. The book strikes a balance between comprehensiveness and selectivity, thus providing students with assurance that they know enough, know it well, but are not overwhelmed by details that are unduly esoteric or irrelevant to their performance needs.
Amazon Description

What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.