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 The Four Freedoms of the First Amendment A Textbook
Craig R. Smith and David M. Hunsaker
The First Amendment grants the freedoms of religion, speech, press, and assembly—freedoms to do something—and protection from government intrusion. After setting the historical context for the First Amendment, the book explores the issues that center around those freedoms. Should we pledge our allegiance to one nation, under God? Can we express our opinions when they are harmful to others? Do all groups have the right to assemble peaceably? Should the Internet be regulated? The book is a springboard for a thoughtful and informed look into our rights. The issue chapters conclude with hypothetical cases, inviting readers to become advocates on differing sides of the case and to perform the duties of a Supreme Court justice. From explanations of the landmark cases to outlines of potential future conflicts, this text involves the reader with the vital task of identifying and preserving the four freedoms of the First Amendment.
 $28.95 list, 306 pages 10-digit ISBN: 1-57766-281-4 13-digit ISBN: 978-1-57766-281-5 © 2004 “Smith and Hunsaker inform their readers about the American condition as a young democracy so that the readers can understand and appreciate that without these freedoms, especially freedom of expression, our nation will neither thrive nor survive.” — John J. Makay, Free Speech Yearbook “As a lawyer, former college president, and professor of rhetoric, I find the text incisive, informative, and interesting.” —James F. Vickrey, Troy University Table of Contents
1. America Challenges the European Tradition The Evolution of Printing / The English Connection / Liberal Thinkers / The Emergence of First Amendment Freedoms in America / The New Religion, Diversity, and Free Speech / The Revolution / Drafting the Constitution / Conclusion / Chronology of Development of Press and Freedom of Expression 2. The Ratification of the First Amendment Federalists vs. Antifederalists / The Role of the Press / The Massachusetts Compromise / Ratification in Other States / Amending the New Constitution / The Role of the Pulpit 3. The Religious Clauses of the First Amendment The Establishment Dilemma / Prayers as Establishment Violations / The Free Exercise Clause / Groups on Campus / The Case of Native Americans 4. Regulation of Political Speech Censorship of Political Speech / The Milligan Precedent / Suppression of Political Speech in the Twentieth Century / Advocating the Violent Overthrow of the Government / Symbolic Speech as Protest / Crises and Freedom of Expression: A Case Study / Campaign Persuasion / Attempts at Reform: Buckley v. Valeo / Issue Advocacy / Partisan Political Activity 5. Regulation of Broadcast Speech and Access to Information A Short History of Broadcast Regulation / The Fairness Doctrine / The Movement to End Content Restrictions / Requirements on Broadcasters for Political Speech / Media and Violence / Freedom of Information, National Security, and Privacy 6. Libel, Slander, and Freedom of Speech The Nature of Defamation / Defenses to the Defamation Action / Defamation Law and the First Amendment 7. Hate Speech Fighting Words / Speech Codes / Penalty Enhancements / Hate Speech on the Internet / The Haiman Solution / Hate Speech as Harassment / Sexual Harassment as an Analogue for Hate Speech / Solutions 8. Obscenity and the First Amendment Evolution of the Law of Obscenity / The Social Value of Ideas / Refinements of the Roth Test / Defining the “Average Person” / The Concept of “Pandering” / Varying Meanings of Obscenity: Protecting Minors / Obscenity and Privacy / The Miller Reformulation / Post-Miller Litigation / Conduct vs. Speech / The Regulation of Child Pornography 9. Indecency and the Electronic Media The Early Pacifica Cases / The “ACT” Cases / Industry Guidance on FCC Decisions / Regulation of Indecency in Other Media 10. Commercial Speech The Historic Context / Corporate Advocacy of Public Issues / Commercial Speech: A Definition / The Virginia Pharmacy Ruling / The Central Hudson Test / Confusion on the Supreme Court / Cases since Posadas / Billboard Advertising / Case Study: Alcohol Advertising on Billboards 11. The Future of Freedom of Expression The Technologies of War and Communication / Government, Orthodoxy, and Suppression of Change / Literacy and Civilization / The Technological Transformation of Communication / Innovation, the Law, and the Constitution |
