First Amendment  Fundamental Freedoms

• Overview of First Amendment, Fundamental Freedoms
• Relationship Between the Establishment and Free Exercise Clauses
• Relationship Between Religion Clauses and Free Speech Clause
• Religion
  • Overview of the Religion Clauses (Establishment and Free Exercise Clauses)
  • Historical Background
    • Introduction to the Historical Background on the Religion Clauses
    • England and Religious Freedom
    • State-Established Religion in the Colonies
    • Colonial Concepts of Religious Liberty
    • Virginia's Movement Towards Religious Freedom
    • Continental Congresses and Religious Freedom
    • Constitutional Convention, Ratification, and the Bill of Rights
    • Early Interpretations of the Religion Clauses
  • Religious Disputes
    • Overview of Government Resolution of Religious Disputes
    • Doctrinal Basis of Government Resolution of Religious Disputes
    • Neutral Principles of Law and Government Resolution of Religious Disputes
    • Church Leadership and the Ministerial Exception
• Establishment Clause
  • General Principle of Government Neutrality to Religion
  • Accommodationist and Separationist Theories of the Establishment Clause
  • Establishment Clause Tests Generally
  • Financial Assistance to Religion
    • Overview of Financial Assistance to Religion
    • Early Cases on Financial Assistance to Religion
    • Adoption of the Lemon Test
    • Application of the Lemon Test
    • Zelman and Indirect Assistance to Religion
    • Denying Financial Assistance to Religion
  • Non-Financial Assistance to Religion
    • Overview of Non-Financial Assistance to Religion
    • Early Cases on Non-Financial Assistance to Religion
    • Purpose and Effect Test Before Lemon
  • Non-Financial Assistance to Religion and the Lemon Test
    • Lemon's Purpose Prong
    • Overview of Lemon's Effect Prong
    • Lemon's Effect Prong and Accommodation of Religion
    • Lemon's Effect Prong and Pervasively Sectarian Institutions
    • Lemon's Entanglement Prong
    • Endorsement Variation on Lemon
  • Non-Financial Assistance to Religion and Non-Lemon Tests
    • Abandonment of the Lemon Test
    • Coercion and Establishment Clause Doctrine
    • Establishment Clause and Historical Practices and Tradition
• Free Exercise Clause
  • Overview of Free Exercise Clause
  • Laws Regulating Religious Belief
  • Laws that Discriminate Against Religious Practice
  • Laws Neutral to Religious Practice
    • Laws Neutral to Religious Practice during the 1940s and 1950s
    • Laws Neutral to Religious Practice from the 1960s through the 1980s
    • Laws Neutral to Religious Practice and Internal Government Affairs
    • Laws Neutral to Religious Practice and Current Doctrine
    • Laws Neutral to Religious Practice Regulating Prisons and the Military
• Free Speech Clause
  • Historical Background on Free Speech Clause
  • Procedural Matters
    • The Overbreadth Doctrine, Statutory Language, and Free Speech
    • Vagueness, Statutory Language, and Free Speech
    • Prior Restraints on Speech
    • State Action Doctrine and Free Speech
    • Retaliatory Prosecution and Arrest
  • Content-Based and Content-Neutral Regulation of Speech
    • Overview of Content-Based and Content-Neutral Regulation of Speech
    • Development of a Judicial Approach to Content-Based Speech Laws
    • Laws Making Facial Content-Based Distinctions Regarding Speech
    • Laws Regulating Speech with a Content-Discriminatory Purpose
    • Laws Making Speaker-Based Distinctions in Regulating Speech
    • Content-Based and Compelled Speech
    • Content-Neutral Laws Burdening Speech
  • Viewpoint-Based Regulation of Speech
    • Overview of Viewpoint-Based Regulation of Speech
    • Viewpoint-Based Distinctions on the Face of a Law
    • Viewpoint Discrimination in Facially Neutral Laws
    • Viewpoint-Based Distinctions Within Proscribable Speech
    • Viewpoint Neutrality in Forum Analysis
  • Categorical Approach
    • Overview of Categorical Approach to Restricting Speech
    • Early Doctrine of Incitement
    • Incitement Movement from Clear and Present Danger Test
    • Incitement Current Doctrine
    • Fighting Words
    • True Threats
    • Defamation
    • Application of Defamation Cases to Group Libel, Hate Speech
    • False Statements Outside of Defamation
    • Privacy Torts
    • Obscenity
    • Child Pornography
  • Commercial Speech
    • Commercial Speech Early Doctrine
    • Central Hudson Test and Current Doctrine
  • Public Forum Doctrine
    • The Public Forum
    • Public and Nonpublic Forums
    • Quasi-Public Places
  • Role of Government
    • Overview of Government Roles
    • Government Speech and Government as Speaker
    • Coercive Government Speech
    • School Free Speech and Government as Educator
    • Prison Free Speech and Government as Prison Administrator
  • Public Employee Speech and Government as Employer
    • Loyalty Oaths
    • Political Activities and Government Employees
    • Honoraria and Government Employees
    • Pickering Balancing Test for Government Employee Speech
  • Regulation of the Media
    • Overview of Regulation of the Media
    • Taxation and Financial Regulation of Media
    • Broadcast Radio and Television
    • Cable Television
  • Print, Telephone, and the Internet
    • Overview of Print, Telephone, and the Internet
    • Print Media
    • Telephone Communications
    • The Internet
  • Governmentally Required Access and Editorial Discretion
    • Overview of Access and Editorial Discretion
    • Access and Editorial Discretion in Broadcast Media
    • Access and Editorial Discretion in Cable Television
  • Political Speech
    • Overview of Campaign Finance
    • Campaign Finance Contribution Limits and Source Restrictions
    • Campaign Finance Expenditure Limits
    • Campaign Finance Disclosure and Disclaimer Requirements
    • Lobbying
    • Legislative Investigations
  • Compelled Speech
    • Overview of Compelled Speech
    • Flag Salutes and Other Compelled Speech
    • Compelled Subsidization
  • Unconstitutional Conditions on Speech
    • Overview of Unconstitutional Conditions Doctrine
    • Conditions of Public Employment
    • Conditions on Tax Exemptions
    • Conditions on Federal Funding
    • Restrictions on Editorializing
    • Selective Funding Arrangements
    • Government's Message Versus Private Speakers
    • Public Entities and Private Access
    • Conditions Exceeding the Scope of the Program
    • Requirements That Can Be Imposed Directly
  • Symbolic Speech
    • Overview of Symbolic Speech
    • Leaflets and Handbills
    • Flags as a Case Study in Symbolic Speech
    • Public Issue Picketing and Parading
    • Labor Union Protests and Marches
    • Solicitation
• Freedom of Association
  • Overview of Freedom of Association
  • Intimate Association
  • Restrictions on Expressive Association
    • Barriers to Group Advocacy and Legal Action
    • Election Laws
    • Denial of Employment or Public Benefits
    • Conditions of Incarceration
    • Material Support Bar
  • Disclosure of Association
    • Associational Privacy
    • Disclosure of Membership Lists
    • Character and Fitness and Evidentiary Disclosures
    • Legislative Inquiries
    • Donor Disclosure Requirements
  • Compelled Association
    • Union Membership and Fees
    • Nondiscrimination and Equal-Access Requirements
• Freedom of the Press
  • Overview of Freedom of the Press
  • Protection of Confidential Sources
  • Access to Government Places and Papers
• Freedoms of Assembly and Petition
  • Historical Background on Freedoms of Assembly and Petition
  • Doctrine on Freedoms of Assembly and Petition