9781587781445

The First Amendment

by
  • ISBN13:

    9781587781445

  • ISBN10:

    1587781441

  • Format: Hardcover
  • Copyright: 2001-09-01
  • Publisher: Foundation Pr
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Table of Contents

Introduction vii
About The Author xi
Table of Cases
xxix
Free Speech: A General Overview
1(2)
Government Acting as Sovereign/Restrictions Based on Communicative Impact
3(351)
Exceptions from Protection---Incitement
3(67)
Current Law
3(5)
Evolution: Speech That Interferes With War Effort
8(15)
More Evolution: Speech Advocating Crime
23(28)
Still More Evolution: Communist Conspiracy
51(19)
Exceptions from Protection---False Statements of Fact
70(78)
Summary
71(5)
Public Officials/Public Concern
76(16)
Private Individuals/Public Concern
92(15)
Private Individuals/Private Concern
107(14)
Facts vs. Opinions
121(20)
False Light Invasion of Privacy
141(7)
Exceptions from Protection-Obscenity
148(20)
Current Law
148(7)
Policy Arguments
155(13)
Exceptions from Protection---Child Pornography
168(9)
Exceptions from Protection---Offensive Speech/Risk of Violent Reaction
177(27)
Exceptions from Protection---Threats
204(17)
Exceptions from Protection---Speech Owned by Others
221(11)
Diminished Protection---Commercial Advertising
232(41)
The Basic Test
233(28)
What is ``Misleading''?
261(12)
Strict Scrutiny
273(64)
Generally
273(20)
Campaign Speech and Money
293(44)
Content Discrimination Within the Exceptions to Protection
337(17)
Government Acting as Sovereign/Restrictions Based on Noncommunicative Impact
354(31)
Content--Neutral Speech Restrictions
354(11)
Restrictions on Expressive Conduct
365(20)
Government Acting in Special Capacities
385(117)
Government as Employer
385(21)
Government as Educator
406(13)
Government as Postmaster
419(1)
Government as Landlord
419(16)
Government as Subsidizer/Speaker
435(42)
Government as Regulator of the Airwaves
477(25)
Procedural Rules
502(44)
Vagueness and Overbreadth
502(11)
Prior Restraints
513(32)
Summary
513(4)
Injunctions and Prescreening Systems
517(24)
Licensing
541(4)
Independent Appellate Review
545(1)
Speech Compulsions
546(43)
Generally
546(1)
Right Not to Speak
547(8)
When Is the Right Implicated?
555(26)
Anonymous Speech
581(8)
Right of Expressive Association
589(78)
Summary
589(2)
Membership Disclosure Requirements as Burdens
591(28)
Employment Discrimination as Burden
619(12)
Forced Contributions as Burden
631(13)
Forced Membership/Employment as Burden
644(23)
The Religion Clause(S): Overview
667(3)
The Religion Clause(S): The Requirements That Government Disregard Religion
670(171)
The Non-Discrimination Principle (Free Exercise and Establishment
670(52)
Free Exercise Clause: No Discrimination Against Religious Practices
670(20)
Establishment Clause: No Discrimination Among Religions
690(8)
Establishment Clause/Free Exercise Clause: No Discrimination Against the Irreligious
698(24)
Non--Discrimination Extended
722(89)
The No Endorsement Principle as to Government Speech
723(69)
The No Primary Religious Purpose Principle
792(19)
The No Coercion Principle
811(15)
The No Religious Decisions Principle (Free Exercise and Establishment)
826(15)
The Religion Clause(S): The Debate About Excluding Religion
841(81)
Facially Evenhanded Funding Programs and Religious Institutions (Establishment)
841(75)
The No Delegation to Religious Institutions Principle
916(6)
The Religion Clause(S): The Debate About Accommodating Religion
922(103)
Compelled Exemptions for Religious Observers (Free Exercise)
922(89)
A Brief Summary and Timeline of the Debate
922(2)
The Current Doctrine
924(22)
The Constitutionally Compelled Exemptions Regime
946(31)
The Religious Freedom Restoration Act (RFRA) Regime
977(3)
The Debate About Original Meaning
980(13)
Constitutional/RFRA Religious Exemptions and the Burden Threshold
993(15)
Constitutional/RFRA Exemptions and the Government Acting in Special Roles
1008(3)
Limits on Exemptions for Religious Observers (Establishment)
1011(14)
Index 1025

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