This product provides a short and readable source for individuals interested in First Amendment law and communications law. It is divided into four parts: the history, methodology, and philosophical foundations of the First Amendment; topics such as First Amendment issues that arise in connection with matters as varied as regulations affecting union dues, the speech of high school students, and what flags can fly on city hall flagpoles; issues in First Amendment law such as the public forum doctrine, the compelled speech doctrine, and the free expression rights of government employees; and the text, history, and theory of the religion clauses, chronicling the ongoing battle in the Supreme Court between accommodationists and separationists. The Sixth Edition brings the book up to date with modern First Amendment jurisprudence, including the Internet and the problem of hate speech, electoral spending, and other topics covered by recent Supreme Court cases and discussions.


Imprint: West Academic Publishing
Series: Nutshells
Publication Date: 10/24/2022

Jerome A. Barron, George Washington University Law School

C. Thomas Dienes

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Issues and Cases Highlighted in the Sixth Edition:
 

  • Janus v. AFSCM Employees, 138 S. Ct. 2448 (2018), -- rights of non-union members to refuse to pay union dues
  • First Amendment status of exception to federal ban on robocalls
  • The rights of public high school authorities to regulate off-campus student speech
  • Changes made in City of Austin v. Reagan National Advertising of Austin, 142 S. Ct. 1464 (2022) in the definition of content-based regulations set forth in Reed v. Gilbert, 135 S. Ct. 2218 (2015)
  • First Amendment regulation of caps on repayment by federal political candidates of loans to their campaign
  • Kennedy v. Bremerton School District, 1425 S. Ct. _____ (2022) and the right of a public high school football coach to pray in midfield after games
  • Validity under the Free Exercise Clause of state legislation limiting public tuition assistance only to private non-sectarian schools but not private religious schools

Learn more about this series.

A ‘must read’: Barron and Dienes release new edition of ‘First Amendment Law in a Nutshell’
— First Amendment News 356 | The Foundation for Individual Rights and Expression