7 Modules for First Amendment (Speech and Religion)

This year, professors will have to adapt their classes for distance learning. One helpful tip is to break down the doctrine into small, manageable bites. The buzzword is module, which is synonymous with unit or topic. To help professors, I have divided the corpus of constitutional law into separate modules. Each module will link to a set of Powerpoint slides, as well as previews of videos from An Introduction to Constitutional Law. The slides are free. Students can purchase our book ($23.99) to access the full video library. I encourage professors to consider recommending our supplement for this semester. Our book matches up with all of the leading casebooks. If you would like a review copy, please e-mail me: josh-at-joshblackman-dot-com.

The first post in this series focused on Constitutional Law I (Structure and Powers). The second post included sixteen modules for Constitutional Law II (Rights and Equal Protection). This post will share seven modules for an upper-level First Amendment Class (Speech and Religion).

Module 1: “Clear and Present Danger”

• Schenck v. United States (1919)
• Debs v. United States (1919)
• Abrams v. United States (1919) 
• Gitlow v. People of the State of New York (1925)
• Stromberg v. California (1931)

[youtube https://www.youtube.com/watch?v=videoseries?list=PLMIM2V8Vm4YpoyVcxHymit_D7OH6FvjQs&w=500&h=281]

Module 2: When Is Conduct Speech?

• United States v. O’Brien (1968)
• Texas v. Johnson (1989)
• R.A.V. v. City of St. Paul (1992)

Module 3: Does Money Equal Speech?

• Buckley v. Valeo (1976)
• McConnell v. Federal Election Commission (2003)
• Citizens United v. Federal Election Commission (2010)

Module 4: Does the First Amendment Protect Tortious Speech? 

• New York Times Company v. Sullivan (1964)
• Snyder v. Phelps (2011)

Module 5: Does the First Amendment Protect “Offensive” Speech?

• United States v. Stevens (2010)
• Brown v. Entertainment Merchants Association (2011)

Module 6: Generally Applicable Laws Burdening Free Exercise

• Sherbert v. Verner (1963)
• Employment Division v. Smith (1990)
• Church of the Lukumi Babalu Aye v. City of Hialeah (1993) 
• Burwell v. Hobby Lobby Stores (2014)

[youtube https://www.youtube.com/watch?v=videoseries?list=PLMIM2V8Vm4YpjI4lXSXj3azgxbRX0Yads&w=500&h=281]

Module 7: Governmental “Purpose” to Advance Religion

• McCreary County v. ACLU of Kentucky (2005)
• Van Orden v. Perry (2005)

[youtube https://www.youtube.com/watch?v=videoseries?list=PLMIM2V8Vm4YoLAMf5O38xBjf6-f4CpsNP&w=500&h=281]

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