Category Books

Speech, Conduct, and the First Amendment »

Authors: Howard H. Schweber
ISBN-13: 9780820452951, ISBN-10: 0820452955
Format: Paperback
Publisher: Lang, Peter Publishing, Incorporated
Date Published: July 2002
Edition: (Non-applicable)

Author Biography: Howard H. Schweber

Book Synopsis

Schweber (political science, U. of Wisconsin-Madison) offers a thorough review of the state of First Amendment jurisprudence including reviews of cases, historical background, and recent developments. Case excerpts and supporting materials provide an opportunity for critical analysis by students and practitioners of law. By providing a range of interpretations, Schweber encourages readers to draw their own conclusions while learning past and present theories about the meaning of the First Amendment. The series Teaching Texts in Law and Politics explores multidimensional and multidisciplinary areas of law and politics, targeting the undergraduate classroom. Annotation (c)2003 Book News, Inc., Portland, OR

	Acknowledgments
	Introduction	3
I	"Congress Shall Make No Law ..."	5
A	Preferred Liberties	5
B	Historical Background to the First Amendment	7
C	The Search for a Unified Reading	15
D	Some Useful Terms	25
II	" ... Abridging the Freedom of Speech": From Clear and Present Danger to the Categorical Approach	31
A	Libel and the Meaning of Sedition	31
B	The Focus on Circumstances: The "Clear and Present Danger" Test, 1919-1969	38
C	The Categorical Approach: Fighting Words, Obscenity, and Libel	46
D	General Principles	57
III	The Categorical Approach Revisited: Libel, Obscenity and Indecency, Sexual Harassment, and Hate Speech	72
A	Libel	74
B	Obscenity and Privacy	74
C	Indecency and Public Spaces	89
D	Sexual Harassment	106
E	Hate Speech: Reconsidering the Categorical Approach	109
F	Commercial Speech	118
G	Campaign Contributions and Expenditures	123
IV	Speech-Plus and Expressive Conduct; Compelled Speech and the Right of Association	127
A	Speech-Plus and Expressive Conduct	127
B	Compelled Speech and the Right of Association	145
V	"Congress Shall Make No Law Respecting an Establishment of Religion ..."	164
A	Subsidies for Religious Activities	168
B	Endorsement	189
C	The Establishment Clause and the Problem of Accommodation	216
VI	"... Or Prohibiting the Free Exercise Thereof"	218
A	What is a "Religion"?	225
B	What is a "Law Prohibiting the Free Exercise" of Religion?	230
VII	Government as Speaker; Access Cases	258
A	Government as Speaker	259
B	Access to Public Facilities	272
C	Access to Public Support	278
VIII	Freedom of the Press	292
A	Prior Restraints	292
B	Libel and Invasion of Privacy	301
C	Limits on Newsgathering	321
D	Reporter's Privilege	328
E	The Special Case of Broadcast Media: The Rise and Fall of the Equal Time Doctrine	333
IX	Rights of Assembly and Petition	340
A	Assembly	340
B	Petition	344
X	Three Views of the First Amendment; the First Amendment and the Problem of Equality; the Future of the First Amendment	362
A	Approaches to Understanding the First Amendment	362
B	The First Amendment and the Problem of Equality	373
C	The Future of the First Amendment	394
	Table of Cases	401
	Sources	415
	Index	419