PREFACE

TABLE OF CASES

CONSTITUTION OF THE UNITED STATES

NOTE ON THE EDITING OF OPINIONS

PART I: THE FREE SPEECH AND FREE PRESS CLAUSES

CHAPTER 1. AN INTRODUCTION TO THE FIRST AMENDMENT

Continuity with the Basic Course in Con Law I and the Argument Favoring Absolute Protection of Free Speech

The Argument of the Amendment as a [Mere] Common Law Clause

The Uncertainties of the First Amendment When Adopted

A Restriction on Congress, not on the States

A Summary of Three Graphically Distinct Orientations

Coda to "The Introduction to the First Amendment": Other Clauses Related to Freedom of Speech and of the Press

CHAPTER 2. THE FIRST AMENDMENT IN FORMATIVE TRANSITION AND THE CENTRALITY OF UNTRAMMELED SOCIAL ADVOCACY IN THE UNITED STATES

A. "Bad Tendency" and Legislative Deference versus "Clear and Present Danger"

B. Powers of Taxation as Applied to "The Press"

Introduction

C. Politics, Privacy, Libel, and Tort Law

D. Political Advocacy and "Symbolic" Dissent

CHAPTER 3. THE FIRST AMENDMENT IN SPECIFIC ENVIRONMENTS

A. The Government as Employer, Contractor, Purchaser of Services, and Provider of Benefits

B. A Return to the Early Holmes and the Right-Privilege Distinction of McAuliffe v. Mayor of New Bedford

C. The Unconstitutional Conditions Doctrine

D. A Reprise on the Problem: Applying the "Connick" Test

E. The Government's Management of Public Property: First Amendment Rights of Access and Use

F. Coerced Expression and Freedom Not to Speak

G. Equalizing Freedom of Speech by Leveling Expenditures and Contributions--Regulating the Uses of Money and Speech

H. Anonymity and the First Amendment

CHAPTER 4. THE FIRST AMENDMENT AND THE LESSER PROTECTION OF NONPOLITICAL SPEECH IN THE UNITED STATES

A. Commercial Speech

B. The Uncertainties of Regulating or Criminalizing the "Obscene."

PART II THE ESTABLISHMENT AND FREE EXERCISE CLAUSES

CHAPTER 5. AN INTRODUCTION TO THE CHURCH-STATE CLAUSES OF THE FIRST AMENDMENT

A. The Problem of Standing

B. Other Clauses Respecting Religion

C. The Incorporation Question

CHAPTER 6. "CONGRESS SHALL MAKE NO LAW RESPECTING AN AN ESTABLISHMENT OF RELIGION

A. The General Test(s)

B. The General Test Refined

C. The General Test Modified and in Dispute

D. The Establishment Clause and "Theocracy"

CHAPTER 7. ........ "*** OR PROHIBITING THE FREE EXERCISE THEREOF"

A. The General Test

B. The General Test Modified and In Dispute

CHAPTER 8. DEFINING "RELIGION"

Introductory Note

CHAPTER 9. GOVERNMENT NEUTRALITY IN RELIGIOUS DISPUTES

Introductory Note

Problem

Index