This site explores the history and interpretation of the First Amendment of the U. S. Constitution, including the Free Speech Clause, the Establishment Clause, and the Free Exercise Clause. For materials on other topics related to the Constitution, visit Exploring Constitutional Law.
THE FREE SPEECH CLAUSE
Introduction to the Free Speech Clause
What is “Speech”?
The “Clear & Present Danger” Test for Subversive Advocacy
Advocacy of Unlawful Action and the “Incitement Test”
Substantial Overbreadth Doctrine
The Press & Fair Trial Issues
Four-Letter Words and Other Indecent Speech
A Free Speech History Lesson: The Trial of Lenny Bruce
Regulation of Hate Speech
Desecrating Flags and Other Attacks on American Symbols
First Amendment Limitations on Civil Law Liability
Does the First Amendment Protect Lies?
Different Tests for Different Media?
Permits and Fees for Marches, Parades, Rallies
Speech Restrictions in the Traditional Public Forum
Time, Place, and Manner Regulations
Speech Restrictions in the Limited Public Forum
Speech Restrictions in the Non-Public Forum
Student Speech Rights
Gov’t Speech & Conditions on Speech Attached to Gov’t Spending
Free Speech Rights of Public Employees
The First Amendment and News Gathering: Access to (and Protection of) Sources
Regulation of Commercial Speech
Campaign Finance Regulation
The Right Not to Associate
What is Obscene?
Regulation of Child Pornography
Adult-Oriented Businesses and the “Secondary Effects” Test
Free Speech and the State Action Requirement
THE RELIGION CLAUSES
Introduction to the Establishment Clause
Prayer in the Public Schools
Vouchers & Other Aid to Religious Schools
The Evolution/Creationism Controversy
Theocracy Issues: Looking for Secular Purposes
Religious Symbols in Public Places
Student-Initiated Religious Speech
The Free Exercise Clause: Rise of the Compelling State Interest Test
The Free Exercise Clause: Narrowing of the Test
To see a course syllabus, jump to: FIRST AMENDMENT LAW SYLLABUS.
SAMPLE EXAM PROBLEMS
(All teachers are welcome to adopt this material for their own courses. DL) THEME SONG
First Amendment Law (U. S. Constitution: The First Amendment)