The First Amendment

📖 The Scoop

From the same authorship team behind the highly successful Constitutional Law and among the leading casebooks in the field, The First Amendment provides a comprehensive and accessible review of speech and religion jurisprudence under the First Amendment. The eminent authorship team, whose members are distinguished both in teaching and scholarship, combines textual, historical, theoretical, and doctrinal approaches in an inclusive and creative survey of the essential elements of modern First Amendment doctrine. It has been completely updated to incorporate recent developments in the field, including campaign finance and government speech, and provides a broader discussion of modern First Amendment issues, including those related to modern technology.

New to the Seventh Edition:

● New material on recent developments in free speech and press doctrine

• Discussion of the implications of Iancu v. Brunetti, dealing with the constitutionality of a federal law prohibiting the registration of "disparaging" trademarks
• Discussion of the issue of flags on government property in Shurtleff v. Boston
• Discussion of campaign finance regulation in Federal Elections Commission v. Ted Cruz
• Discussion of the Court's controversial 2023 decision in Counterman v. Colorado
• Discussion of the Court's controversial 2023 decision in 303 Creative v. Elenis

● New material on recent developments in religion clause doctrine

• Discussion of the implications of the Bladensburg Cross case for the doctrine replacing the Lemon test
• Discussion of the Court’s elaboration of the “individualized determination” component of the Smith test, including its application in COVID related cases and in Fulton v. Philadelphia

Professors and students will benefit from: 

● Rigorous questions in the Notes
● Carefully selected and challenging excerpts from articles and books by leading First Amendment scholars
● Thoughtful organization of topics and cases designed to challenge students and to illuminate the evolution and current state of First Amendment jurisprudence

Genre: Law / Constitutional (fancy, right?)