First Amendment Rights

This course, formerly named Constitutional Law II, is a basic introduction to the free speech guarantee of the First Amendment. Among the topics to be studied are the special problems of particular kinds of speech including advocacy of violence as a political solution, libel, obscenity, hate speech, commercial speech and symbolic speech such as flag burning, particular techniques employed by the government to censor speech such as prior restraints, and time, place and manner restrictions, and access to public property including streets and parks to exercise rights of expression.

Required Text Fall 2012: Sullivan & Gunther, First Amendment Law (4th edition, 2010, Foundation Press, ISBN 978-1-59941-756-1)


Fall 2012 Syllabus


New Material

Answers to Student Questions (last updated December 5, 2012 at 9 a.m.)

Cake Picture

Fall 2012 Review - Part One - Review of Categories of Speech

Fall 2012 Review - Part Two - Form of the Regulation

Fall 2012 Review - Part Three - Place of the Speech


QUESTIONS BEFORE CLASS


In connection with each reading assignment, there are questions which you should attempt to answer prior to class. These questions are listed by assignment number in a single document: Questions Before Class


Fall 2012 Additional Reading

Schenck, Frohwerk, and Debs

Snyder v. Phelps

In the Matter of the Welfare of R.A.V.
 
   
Excerpts from Briefs in R.A.V. v. City of St. Paul

United States v. Stevens

Brown v. Entertainment Merchants Association

United States v. Alvarez

Excerpt from Bolger v. Youngs Drug Products Corp.

Excerpt from Zauderer v. Office of Disciplinary Counsel

Excerpt from Milavetz Concerning Zauderer

Excerpt from Hurley


Other Class Materials

John Boehner Naked Protesters

Bong Hits 4 Jesus

Fraser's Speech

First Amendment Goes to School

Pleasant Grove City Park (including Ten Commandments Monument)

Proposed Summum Monument

Seven Aphorisms (Principles) of Summum


Religious Symbols on Public Land (including Ten Commandments and Summum Monuments)

Going in Circles with Hate Speech by Stanley Fish (Nov. 12, 2012) (New York Times)

Lafayette Park


Overbreadth Analysis

Jackson Pollock Painting

Jabberwocky by Lewis Carroll

Schoenberg Piano Concerto

Symbolic Speech Hypotheticals

The Flag Burning Page


Rumsfeld v. FAIR excerpt

MBE Questions

Advertising Hypothetical

Lawyer Advertisement


FCC v. Fox Television Stations, Inc. (U.S. Supreme Court, June 21, 2012)

Fleeting Expletives in FCC v. Fox Television Stations

FCC Indecency Definition

FCC Links to Material About Indecency Policy

FCC Indecency Fact Sheet

Pirate Radio Clip

Carlin Monologue Transcript


Intermediate Scrutiny

Renton Ordinance


Jacksonville Ordinance

Info on Film Playing in Erznoznik v. Jacksonville - Class of '74

Film Poster


Home of Heroes Website

Oral Argument - Alvarez - Petitioner's Argument Excerpt

Oral Argument - Alvarez - Respondent's Argument Excerpt

Excerpt from The People vs. Larry Flynt

Obscenity Definitions

True Threats

Four R.A.V. Exceptions


St. Paul Ordinance


Online Comments About Movie Trailer

Innocence of Muslims YouTube Movie Trailer

Westboro Baptist Church Protest

Hustler advertisement


Libel Standards

New York Times v. Sullivan Advertisement (picture)

New York Times v. Sullivan Advertisement (text)

Feiner's E-mails to Professor Linder

Fighting Words

Brandenburg Test

Problem - Radical Rhetoric

Video - He May Be A Communist

First Red Scare

Problem - Merchant Marine Academy Faculty Member

The Masses Magazine (1911-1917)

Eugene Debs

Clear and Present Danger Test (from Schenck)

Schenck Flyer


Espionage Act of 1917

First Amendment

New Page


Supreme Court Watch



Recent Cases

United States v. Alvarez (whether the Stolen Valor Act, which makes it a federal crime to falsely represent that you "have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States," violates the First Amendment)

Oral Argument - Alvarez - Petitioner's Argument Excerpt

Oral Argument - Alvarez - Respondent's Argument Excerpt

FCC v. Fox Television Stations, Inc. (U.S. Supreme Court, June 21, 2012)

FCC v. Fox Television Stations, Inc. (whether the FCC's standards for indecency on television are too vague to be constitutional)

Fox Television Stations, Inc. v. FCC (Second Circuit decision currently being reviewed by the U.S. Supreme Court)

ABC, Inc. v. FCC (Second Circuit case related to FCC v. Fox Television Stations, Inc.)

Opinion in Snyder v. Phelps 

United States v. Stevens

United States v. Stevens (edited version of opinion)

R.J. Reynolds Tobacco Co. v. FDA

Milavetz, Gallop & Milavetz, P.C. v. United States

http://www.milavetzlaw.com/PracticeAreas/Bankruptcy.asp (Milavetz Law Firm Website)

Christian Legal Society v. Martinez

Doe v. Reed

Opinion in Holder v. Humanitarian Law Project


Related Links

Exploring First Amendment Law by Professor Doug Linder

http://caselaw.lp.findlaw.com/data/constitution/amendment01/

http://www.law.cornell.edu/topics/first_amendment.html

http://www.oyez.org

http://www.supremecourt.gov/

http://www.firstamendmentcenter.org/

http://www.thefirstamendment.org/

http://www.rcfp.org/handbook/

Constitutional Law Prof Blog

http://www.firstamendmentcoalition.org/

http://www.fepproject.org/

http://www.west.net/~smith/defamation.htm

http://www.shodor.org/interactivate/activities/PieChart/


Exam Review Material

How to Improve Your Exam Performance

Exam - General Approach to Answering Questions

Fall 2012 Review - Part One - Review of Categories of Speech

Fall 2012 Review - Part Two - Form of the Regulation

Fall 2012 Review - Part Three - Place of the Speech

Overbreadth Analysis

New Year's Day Sample Exam Question

New Year's Day Question Expanded Grading Sheet


First Amendment Sample Question, Model Answer and Answer Sheet

Bad Frog Question

Bad Frog Model Answer

Bad Frog Answer Sheet


First Amendment Rights Examinations

First Amendment Answer Sheets