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FIRST AMENDMENT969
RELIGION AND EXPRESSION969
RELIGION969
An Overview969
Scholarly Commentary970
Court Tests Applied to Legislation Affecting Religion972
Government Neutrality in Religious Disputes974
Establishment of Religion977
Financial Assistance to Church–Related Institutions977
Governmental Encouragement of Religion in Public Schools: Released Time991
Governmental Encouragement of Religion in Public Schools: Prayers and Bible Reading993
Governmental Encouragement of Religion in Public Schools: Curriculum Restriction996
Access of Religious Groups to School Property997
Tax Exemptions of Religious Property997
Exemption of Religious Organizations from Generally Applicable Laws999
Sunday Closing Laws999
Conscientious Objection1000
Regulation of Religious Solicitation1001
Religion in Governmental Observances1002
Miscellaneous1004
FREE EXERCISE OF RELIGION1005
The Belief–Conduct Distinction1007
The Mormon Cases1009
The Jehovah’s Witnesses Cases1010
Free Exercise Exemption From General Governmental Requirements1011
Religious Test Oaths1019
Religious Disqualification1019
FIRST AMENDMENT1020
RELIGION AND EXPRESSION1020
FREEDOM OF EXPRESSION—SPEECH AND PRESS1020
Adoption and the Common Law Background1020
Freedom of Expression: The Philosophical Basis1025
Freedom of Expression: Is There a Difference Between Speech and Press1026
The Doctrine of Prior Restraint1029
Injunctions and the Press in Fair Trial Cases1031
Obscenity and Prior Restraint1033
Subsequent Punishment: Clear and Present Danger and Other Tests1034
Clear and Present Danger1036
The Adoption of Clear and Present Danger1038
Contempt of Court and Clear and Present Danger1040
Clear and Present Danger Revised: Dennis1042
Balancing1044
The “Absolutist” View of the First Amendment, With a Note on “Preferred Position”1048
Of Other Tests and Standards: Vagueness, Overbreadth, Least Restrictive Means, and Others1050
FIRST AMENDMENT1053
RELIGION AND EXPRESSION1053
FREEDOM OF EXPRESSION—SPEECH AND PRESS1053
Freedom of Belief1053
Flag Salute Cases1053
Imposition of Consequences for Holding Certain Beliefs1054
Right of Association1056
Political Association1061
Conflict Between Organization and Members1064
Maintenance of National Security and the First Amendment1066
Punishment of Advocacy1067
Compelled Registration of Communist Party1069
Punishment for Membership in an Organization Which Engages in Proscribed Advocacy1070
Disabilities Attaching to Membership in Proscribed Organizations1071
Employment Restrictions and Loyalty Oaths1073
Legislative Investigations and the First Amendment1078
Interference With War Effort1079
Suppression of Communist Propaganda in the Mails1080
Exclusion of Certain Aliens as a First Amendment Problem1080
FIRST AMENDMENT1081
RELIGION AND EXPRESSION1081
FREEDOM OF EXPRESSION—SPEECH AND PRESS1081
Particular Governmental Regulations Which Restrict Expression1081
Government as Employer: Political Activities1081
Government as Employer: Free Expression Generally1084
Government as Educator1090
Government as Regulator of the Electoral Process: Elections1094
Government as Regulator of the Electoral Process: Lobbying1101
Government as Regulator of Labor Relations1102
Government as Investigator: Journalist’s Privilege1102
Government and the Conduct of Trials1105
Government as Administrator of Prisons1108
Government and Power of the Purse1112
FIRST AMENDMENT1113
RELIGION AND EXPRESSION1113
FREEDOM OF EXPRESSION—SPEECH AND PRESS1113
Governmental Regulation of Communications Industries1113
Commercial Speech1113
Taxation1119
Labor Relations1121
Antitrust Laws1122
Radio and Television1123
Governmentally Compelled Right of Reply to Newspapers1127
FIRST AMENDMENT1127
RELIGION AND EXPRESSION1127
FREEDOM OF EXPRESSION—SPEECH AND PRESS1127
Government Restraint of Content of Expression1127
Seditious Speech and Seditious Libel1131
Fighting Words and Other Threats to the Peace1133
Group Libel, Hate Speech1135
Defamation1136
Invasion of Privacy1145
Emotional Distress Tort Actions1147
“Right of Publicity” Tort Actions1147
Publication of Legally Confidential Information1148
Obscenity1149
Child Pornography1159
Non–obscene But Sexually Explicit and Indecent Expression1160
FIRST AMENDMENT1164
RELIGION AND EXPRESSION1164
FREEDOM OF EXPRESSION—SPEECH AND PRESS1164
Speech Plus—The Constitutional Law of Leafleting, Picketing, and Demonstrating1164
The Public Forum1164
Quasi–Public Places1171
Picketing and Boycotts by Labor Unions1173
Public Issue Picketing and Parading1174
Leafleting, Handbilling, and the Like1180
Sound Trucks, Noise1181
Door–to–Door Solicitation1182
FIRST AMENDMENT1187
RELIGION AND EXPRESSION1187
RIGHTS OF ASSEMBLY AND PETITION1187
Background and Development1187
The Cruikshank Case1189
The Hague Case1190