The First Amendment, Cases—Comments—Questions

Frederick Schauer, University of Virginia School of Law

Jesse H. Choper, University of CA-Berkeley School of Law

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Table of Contents

2025 Update Memo

The new edition of the casebook continues with further modifications the revised organization from the Seventh Edition of the basic freedom of speech materials on content regulation, forum analysis, and the coverage/scope of the First Amendment, and further includes a large number of new cases and references. There has been substantial editing to make way for the new material, and thus the book remains of appropriate size for either a two- or three-unit course. The new speech cases described in detail in the Eighth Edition cover issues of content regulation (Austin v. Reagan National Advertising and Barr v. American Association of Political Consultants), government speech (Shurtleff v. City of Boston), offensive speech (Lancu v. Brunetti), elections (FEC v. Cruz), and speech by students and faculty in school settings (both Mahanoy School District v. B.L. and Kennedy v. Bremerton School District are treated as principal cases). On freedom of religion, the changes from the 7th edition are especially extensive, with both Carson v. Makin (financial assistance for religious schools) and Kennedy v. Bremerton School District (prayer by faculty in school setting) included as principal cases, and American Legion v. American Humanist Association (public religious symbols) and Espinoza v. Montana Department of Revenue (financial assistance for religious school tuition) described at length. In addition, there is extensive coverage of the new cases, some part of the so-called shadow docket and some not, involving claimed exemptions on religious grounds from laws of general application, including laws requiring vaccination and laws prohibiting various forms of discrimination, all putting additional pressure on the continued viability of Employment Division v. Smith.

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