Constitutional Law: First Amendment - 2234

The course will focus on the history, development, evolution and theory concerning fundamental freedoms protected by the First Amendment: speech, press and religion. We will explore the various doctrinal approaches employed by courts to resolve cases presenting First Amendment issues and place them in the historical/political contexts within which various doctrines dominated case outcomes. We will discuss a broad range of First Amendment issues including, but not limited, to subversive speech, symbolic speech, hate speech, permissible regulation of speech, religion in schools, religion in the public square, limits on free exercise of religion, accommodation of religion and legislative responses to First Amendment court decisions. Students in this class will be encouraged to identify, explore and discuss additional factors that may impact judicial decision making such as current events, political forces and judges’ backgrounds. Students will also be invited to identify and discuss unintended consequences of court opinions read for class.