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• Introduction: Unusual features of this book
• Free speech : a general overview
• Exceptions from full protection
• Strict scrutiny
• Content-neutral restrictions
• Special burdens on free speech
• Government acting in special capacities
• Prior restraints
• Nongovernmental speech restrictions
• The religion clause(s) : overview
• Compelled disregard of religion?
• Religion and funding programs
• Exemptions for religious believers
• Nongovernmental actions and religion

This popular casebook by a leading First Amendment scholar examines the First Amendment using expertly-edited cases, summaries of the law, analysis of the structure of policy arguments, and problems for class discussion. The new edition features updated coverage of speech compulsions, speech using government benefits, endorsement of religion, prior restraints, speech at public universities, and more.
(source: Nielsen Book Data)

• Art's First Amendment status : a cultural history of The Masses / Amy Adler
• Learned Hand's seven other ideas about the freedom of speech / Vincent Blasi
• Lawyer for The Masses : the role of Gilbert Roe in Masses Publishing Co. v. Patten / Eric B. Easton
• Brandenburg v. Ohio and its relationship to Masses Publishing Co. v. Patten / Martha A. Field
• Anxiety and influence : Learned Hand and the making of a free speech dissent / Thomas Healy
• A tale of two hands : one clapping, one not / Burt Neuborne
• The historical significance of Judge Learned Hand : what endures and why? / Edward A. Purcell, Jr.
• The state of free speech doctrine in 1917 / David M. Rabban
• The origins of the Espionage Act of 1917 : was Judge Learned Hand's understanding of the act defensible? / Geoffrey R. Stone
• Learned Hand's Masses decision : vindications and influence / James Weinstein.

• Preface
• The father and the hero
• A collegiate manliness
• Reasons for fighting in the war
• The experience of war : "a splendid carelessness for life"
• Faith through fire
• The famous cases : Abrams and Gitlow
• Holmes's change of mind
• Gender and citizenship
• Conclusion.

Oliver Wendell Holmes, Jr. has been, and continues to be, praised as America's greatest judge and he is widely considered to have done more than anyone else to breathe life into the Constitution's right of free speech, probably the most crucial right for democracy. One indeed finds among professors of constitutional law and federal judges the widespread belief that the scope of the First Amendment owes much of its incredible expansion over the last sixty years to Holmes's judicial dissents in Abrams and Gitlow. In this book, John M. Kang offers the novel thesis that Holmes's dissenting opinions in Abrams and Gitlow drew in part from a normative worldview structured by an idiosyncratic manliness, a manliness which was itself rooted in physical courage. In making this argument, Kang seeks to show how Holmes's justification for the right of speech was a bid to proffer a philosophical commentary about the demands of democracy.
(source: Nielsen Book Data)

• Introduction: The gun debate and the Constitution
• Gun rights and regulation in American history
• Militias, private purposes, and the road to Heller
• Understanding Heller
• Heller's aftermath : "a vast terra incognita"
• The constitutional grammar of the Second Amendment
• What is the Second Amendment for?
• Second Amendment law and the gun debate.

The Second Amendment is among the most recognized provisions of the Constitution. It is also perhaps the most misunderstood. Common misconceptions about the amendment - what it forbids, what it permits, how it functions as law - distort the gun debate and America's constitutional culture. In The Positive Second Amendment, Blocher and Miller provide the first comprehensive post-Heller account of the history, theory, and law of the right to keep and bear arms. Their aim is not to pick sides in the gun debate, but rather to show how a positive account of the 'constitutional' Second Amendment differs from its political cousin. Understanding the right to keep and bear arms as constitutional law will challenge many deeply held beliefs. But it may also provide a better way to negotiate the seemingly intractable issues that afflict America's debate over gun rights and regulation.
(source: Nielsen Book Data)

• The history and philosophy of free expression
• Content-based restrictions : dangerous ideas and information
• Overbreadth, vagueness, and prior restraint
• Content-based restrictions : "low" value speech
• Content-neutral restrictions : limitations on the means of communication and the problem of content-neutrality
• Freedom of the press
• Historical and analytical overview
• The establishment clause
• The free exercise clause : required accommodations
• Permissible accommodation.

• The scope and strength of the First Amendment
• Distinguishing between content regulation and manner regulation : unconventional forms of communication
• Is some protected speech less equal than other protected speech?
• Prior restraints
• Justice and newsgathering
• Government property and the public forum
• Government speech
• The electronic media
• The right not to speak, the right to associate, and the right not to associate
• Wealth and the political process : concerns for equality
• Establishment Clause
• Free Exercise Clause and related problems
• Preference among religions
• Conflict between the clauses.

This widely adopted soft cover casebook, designed for a two- or three-unit course in the First Amendment, has been thoroughly revised, tightened, and updated. The authors present the materials in a way that permits instructors to depart from the organization of the casebook with relative ease. The authors also try to expose students to original perspectives or perspectives they might otherwise miss. Notes and questions enable students to study the variety of competing views embodying the First Amendment as they emerge from concrete cases rather than imposing an abstract characterization and classification on the student at the outset of the study.
(source: Nielsen Book Data)

"Question presented: 1. Does the Fourteenth Amendment require a state to license a marriage of two people of the same sex?; 2. Does the Fourteenth Amendment require a state to recognize a marriage of two people of the same sex when their marriage was lawfully licensed and performed out-of-state?"-- Page i.

• Oral argument of Jeffrey L. Fisher, Esq., on behalf of the petitioner
• Oral argument of Edward C. Dumont, Esq., on behalf of the respondent
• Oral argument of Michael R. Dreeben, Esq., for the United States, as amicus curiae, supporting respondent
• Rebuttal argument of Jeffrey L. Fisher, Esq., on behalf of the petitioner.

Issue: Whether evidence admitted at petitioner's trial was obtained in a search of petitioner's cell phone that violated petitioner's Fourth Amendment rights.

Question presented: Whether Alabama has violated the equal protection clause of the Fourteenth Amendment by adopting an apportionment that produces large and unnecessary population deviations with respect to local legislative delegations that for more than a century have exercised county-level legislative power.

Summary of argument: As this brief shows, the Framers recognized and intended that treaties could operate in areas that would otherwise be left to the states, and treaties have impacted domains of state authority in various ways throughout U.S. history. Although Carol Bond's case could be decided on relatively narrow grounds, Petitioner and her amici invite this Court to overrule more than two centuries' worth of precendent and dramatically curtail the U.S. government's ability to credibly commit to and enforce international treaties. Instead, this Court should adhere to longstanding precedent and avoid crafting any new constitutional rules that might have unforeseen and harmful effects on foreign matters and America's standing in the world.

Question presented: Whether or under what circumstances the Fourth Amendment permits police officers to conduct a warrantless search of the digital contents of an individual's cell phone seized from the person at the time of arrest.

• Freedom of speech, categories of speech, degrees of protected expression
• Freedom of speech : modes of regulation and standards of review
• Beyond speaking : compelled speech, association, money, and the media
• The religion clauses : free exercise and establishment.

The Fifth Edition provides in-depth coverage of the freedoms of speech, press and association, as well as the free exercise and establishment clauses. The material covers in freestanding form all the chapters and materials relating to the First Amendment from Sullivan and Feldman's Constitutional Law, Eighteenth Edition. Highlights of the new edition include the state of the law on such contemporary First Amendment problems as restricting corporate expenditures in political campaigns and regulation of speech constituting material support of terror. Students using this casebook will be well-equipped to litigate any area of First Amendment law.
(source: Nielsen Book Data)

Question presented: Whether or under what circumstances the Fifth Amendment's self-incrimination clause protects a defendant's refusal to answer law enforcement questionings before he has been arrested or read his Miranda warnings.

• Relevant docket entries
• Transcript of guilt-innocence proceedings (pretrial hearing on motion in limine), March 11, 2009
• Transcript of guilt-innocence proceedings (testimony of Sergeant Elliott), March 12, 2009.

Question presented: Whether a police officer's mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop.

Argument: I. A death sentence for felony murder without a finding of culpable mental state of at least reckless indifference to human life violates the Eighth Amendment's requirement of a retributive or deterrence-based justification for capital punishment; II. In determining the culpability required for death-eligibility under the Eighth Amendment, a distinction between defendants who "actually killed" and defendants who committed murder without killing would be instable and unjustifiable; III. This Court's requirement of reasonably justified selection for execution forbids capital sentencing without a factual finding differentiating the death-eligibile defendant on the basics of desert or deterrance from others convicted of murder.