Aspen Publishing

The First Amendment: Cases and Theory, Third Edition

Ronald J. Krotoszynski, Christina E. Wells, Lyrissa C. Barnett Lidsky, Caroline M. Corbin


  • ISBN: 9781454891932

In stock.

  • Description

    A comprehensive, up-to-date, and accessible text, The First Amendment: Cases and Theory, Third Edition 2017, uses the case method to elucidate theory and doctrine.  In an area rife with with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three and four part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court’s decisions.  No less important, the casebook also includes Theory Applied Problems at the end of each major section.  These Theory Applied Problems provide an easy and convenient means to assess students’ mastery of the relevant theories and precedents.  Because the Supreme Court’s First Amendment jurisprudence has been a work in progress for many decades, the editors present the cases and doctrinal developments in historical context, thereby showcasing the Supreme Court’s evolving tests, standards, and approaches. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom.  In an increasingly globalized marketplace of ideas, U.S. students need to have some appreciation of the idiosyncratic nature of U.S. free speech law and the degree to which the U.S.’s highly speech-protective legal metrics have failed to gain widespread acceptance in the larger world.  All major contemporary free speech controversies receive coverage, as do all major contemporary religion ones.  The Free Exercise Clause chapters examine individual exemptions as well as institutional exemptions such as the ministerial exemption from anti-discrimination law. They also cover the growing body of Religious Freedom Restoration Act law. The Establishment Clause chapters lay out the many doctrinal tests co-existing in Establishment jurisprudence and look at government funding of religion, religion in public schools, and government-sponsored prayers and religious displays. In sum, The First Amendment:  Cases and Theory is a highly teachable casebook suitable for a standard three hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses and the Religion Clauses. 

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  • Author Information

    Christina Wells

    Professor Wells joined the faculty in 1993 after having been an associate with Skadden, Arps, Slate, Meagher and Flom in Chicago and Heller, Ehrman, White and McAuliffe in Los Angeles, primarily in the area of business litigation. While in school, she was Comment Editor of the University of Chicago Law Review.
    In 2001, Professor Wells was a Fulbright Scholar in the Czech Republic, studying and lecturing on constitutional rights at Masaryk & Palacky Universities. In 2002, she was invited back to present a series of lectures on American constitutional decision making. In 2003, Professor Wells received the Sustained Outstanding Achievement Award presented by the University of Missouri Law School Foundation.
    Professor Wells focuses her research on issues involving free expression and access to government information and teaches Freedom of Speech, Gender and the Law, Remedies and Administrative Law.

    Ronald J. Krotoszynski

    Admitted to practice in Georgia and the District of Columbia; Clerked for the Hon. Frank M. Johnson, Jr, of the U.S. Court of Appeals for the Eleventh Circuit, 1991-92; Associate with Covington & Burling, D.C., 1992-95; Visiting Scholar in Residence, University of Washington School of Law, summer 1996; Visiting Assistant Professor of Law, William and Mary Law School, fall 1998; Assistant Professor of Law, Indiana University, 1995-98, Associate Professor of Law and Paul Bean Research Fellow, 1999-2000; Visiting Professor of Law, Washington and Lee University, fall 1999; Associate Professor of Law, 2000-02; Professor of Law, 2002-; Ethan Allen Faculty Fellow, 2001-02, 2002-03.

    Lyrissa Lidsky

    Professor Lidsky's research focuses on press freedom in the Internet Age and the intersection of tort law and the First Amendment. She teaches Mass Media Law, Torts, Advanced Torts, and Constitutional Law.

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