First Amendment topicsAbout the First Amendment
First Amendment Literature
Cases organized by subheading
Chronological list of cases
General
Background and Development
Books on Law
Democracy and the Problem of Free Speech (1993)
Fighting Terrorism: How Democracies Can Defeat Domestic and International Terrorists (1995)
Find Law
First Amendment bibliography
Flag Desecration Bibliography
Free Expression and Censorship in America: An Encyclopedia (1997)
Freedom of Belief
Freedom of the Press
Government as Investigator
Government as Regulator of the Electoral Process
Government Restraint of Content of Expression
Governmental Regulation of Communications Industries
Invasion of Privacy
Listing of books published in 1997 (1997)
Listing of books published in 1998 (1998)
Listing of books published in 1999 (1999)
Listing of books published in 2000 (2000)
Maintenance of National Security and the First Amendment
Particular Governmental Regulations Which Restrict Expression
Pornography and Civil Rights -- A New Day for Women’s Equality (1998)
Press and Free Speech Freedoms in America, 1619-1995: A Chronology (1997)
Right of Association
Speech & Press: Is There a Difference Between Speech & Press?
Speech & Press: Origins
Speech & Press: Philosophical Basis
Speech & Press: The Doctrine of Prior Restraint
Speech Plus
Subsequent Punishment -- Clear & Present Danger & Other Tests
The Death of Discourse (2004 (expanded ed))
The First Amendment Handbook
The Trials of Lenny Bruce (2002)
Advocacy of Violence
Fighting Faiths: The Abrams Case, the Supreme Court,and Free Speech (1987)
Fighting Terrorism: How Democracies Can Defeat Domestic and International Terrorists (1995)
Free Speech in the Good War (1999)
Free Speech in the United States (1969)
Freedom of Speech: The Supreme Court and Judicial Review (1966)
Freedom Under Fire: US Civil Liberties in Times of War (1990)
Articles
"Commerce & Communication" (1993)
"Contrived Distinctions: The Doctrine of Commercial Speech in First Amendment Jurisprudence" (1991)
"Freedom of Speech and Appellate Review in Workplace Harassment Cases" (1996)
"Freedom of Speech and the Constitutional Tension Method" (1996)
"Freedom of Speech in Cyberspace From the Listener's Perspective: Private Speech, Restrictions, Libel, State Action Harassment and Sex" (1997)
"Freedom of Speech, Shielding Children, and Transcending Balancing" (1997)
"Lenny Bruce & Free Speech" (2000)
"Milton’s Areopagetica & The Modern First Amendment"
"New 'Truths' and the Old First Amendment" (1996)
"Pissing in the Snow: A Cultural Approach to the First Amendment" (1993)
"Pornography is Oppression" (November 1995)
"Speech & Power" (July 21, 1998)
"The First Amendment & Freedom of the Press" (1997)
"The First Amendment in an Age of Paratroopers" (1990)
"The First Amendment in Bold Relief: A Reply" (1991)
"The Pornographic State" (1994)
"The Psychology of Contemporary First Amendment Scholarship: A Reply" (1993)
"This Could Be Your Culture - Junk Speech in the Age of Decadence" (1996)
"We’re All Censors Now?" (1999)
"What Speech Does 'Hostile Work Environment' Harassment Law Restrict?" (1997)
Commentary from Freedom Forum
Hugo L. Black
Hugo Black: A Biography (1994)
Mr. Justice Black and His Critics (1988)
Mr. Justice Black: Absolutist on the Court (1980)
Mr. Justice Black: The Man and His Opinions (1948)
One Man’s Stand for Freedom: Mr. Justice Black and the Bill of Rights (1963)
Book Banning and Related Activities
Banned Books: Literature Suppressed on Social Grounds (1998)
Book Reviews
Bruce E. H. Johnson, "Confessions of a First Amendment Hedgehog" (2000)
C. Thomas Dienes, "Press Excesses vs. Press Freedoms" (1999)
Censorship and Silencing: Practices of Cultural Regulation (1998)
Chris Finan (1999)
Christopher N. May, "The Fate and the Promise of a Free Press in War Time" (1999)
David Kretzmer, "They Are All Out of Step Except for (Uncle) Sam" (1997)
Dissent, Injustice, and the Meanings of America (1999)
Jan Alan Neiger, "Battle Between Civil Rights and Civil Liberties" (1999)
Jon Weinberg, "New Media and Old Debates" (1997)
Jonathan Bloom, "Testing the Limits of Free Speech," reviewing Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book (1998)
M. Ethan Katsh, "The First Amendment Meets the Net" (1998)
Max Lerner, "Man and Social Man" (1948)
Melvin I. Urofsky, "The Influence of Forgotten History" (1997)
Milner S. Ball, "Sex and Lies," reviewing Criminal Conversations: Sentimentality and Nineteenth-Century Legal Stories of Adultery (1998)
Morris S. Arnold, "Wise Counsel about Tough Talk," reviewing Tough Talk: How I Fought for Writers, Comics, Bigots, and the American Way (1998)
Patricia A. Cain, "The Master’s Voice Will Never Dismantle Structural Injustice," reviewing Free Speech and the Politics of Identity (2000)
Robert Jensen, "Signs of Struggle: Voices from the Anti-Pornography Movement" (1998)
Robert M. O'Neil, "Skokie in Retrospect" (1999)
Symposium: Dissent, Injustice, and the Meanings of America: "An Online Exchange with Steven Shiffrin"
Wendy McElroy, "The MacKinnon-Dworkin Memory Hole" (1998)
Books (General Works)
A Constitutional Faith (1969)
A Worthy Tradition: Freedom of Speech in America (1988)
Alexander Meiklejohn, Teacher of Freedom: A Collection of His Writings (1981)
Areopagitica (1918)
First Amendment Law in a Nutshell (2000)
Free Speech (1998)
Free Speech and Association: The Supreme Court and the First Amendment (1975)
Free Speech in an Open Society (1992)
Free Speech in the United States (1969)
Freedom of Expression in the Supreme Court: The Defining Cases (2000)
Freedom of Expression: Purpose as Limit (1984)
Freedom of Speech (1989)
Freedom of Speech: The Supreme Court and Judicial Review (1966)
Freedom, Virtue, and the First Amendment (1957)
Human Liberty and Freedom of Speech (1989)
Interpretations of the First Amendment (1984)
Liberalism Divided: Freedom of Speech and the Many Uses of State Power (1996)
May it Please the Court: The First Amendment (1997)
On Liberty (2003 (1859))
Political Freedom: The Constitutional Powers of the People (1948)
Revolutionary Sparks: Freedom of Expression in Modern America (1992)
Smolla and Nimmer on Freedom of Speech: A Treatise on the Theory of the First Amendment (1994)
The Cost of Free Speech (1990)
The First Amendment (1990)
The First Amendment and the Future of American Democracy (1985)
The First Amendment, Democracy, and Romance (1990)
The First Amendment: A Reader (1996)
The First Amendment: Cases, Comments, Questions (2001)
The First Freedom: A Tumultuous History of Free Speech in America (1980)
The Irony of Free Speech (1996)
The System of Freedom of Expression (1970)
The Tolerant Society: Freedom of Speech and Extremist Speech in America (1986)
There’s No Such Thing as Free Speech . . . and it is a Good Thing, too (1994)
Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism (1991)
War and Press Freedom (1999)
Zechariah Chafee, Jr.: Defender of Liberty and Law (1986)
Campaign Financing
If Buckley Fell: A First Amendment Blueprint for Regulating Money in Politics (2000)
Censorship
Censorship: The Knot that Binds Power and Knowledge (1991)
Justice Talking: Censoring the Web (2002)
Children
Justice Talking: Censoring the Web (2002)
May it Please the Court: The First Amendment (1997)
Civil Rights First Amendment Cases
The Negro and the First Amendment (1965)
Commercial Speech
Advertising and a Democratic Press (1994)
Advertising and Commercial Speech: A First Amendment Guide (1999)
Advertising Rights: The Neglected Freedom (1991)
Bad Prescriptions for the First Amendment: FDA Censorship of Drug Advertising and Promotion (1993)
Fear of Persuasion: A New Perspective on Advertising and Regulation (1997)
Selling Words: Free Speech in a Commercial Culture (1997)
The Death of Discourse (2004 (expanded ed))
Defamation
Libel and the Media: The Chilling Effect (1997)
Protecting the Best Men: An Interpretive History of the Law of Libel (1986)
Sack on Defamation: Libel, Slander, and Related Problems Practicising Law Institute (1999)
Suing the Press: Libel, Media, and Power (1986)
William O. Douglas
Interview (1961-63)
Electronic Media
American Broadcasting and the First Amendment (1987)
Cyber Rights: Defending Free Speech in the Digital Age (1998)
Fighting for the First Amendment: Stanton of CBS vs. Congress and the Nixon White House (1997)
First Amendment Law in a Nutshell (2000)
Freedom, Technology, and the First Amendment (1991)
Justice Talking: Censoring the Web (2002)
Law and Disorder in Cyberspace: Abolish the FCC and Let the Common Law Rule the Telecosm (1997)
Mass Communications Law in a Nutshell (2000)
Rationales and Rationalizations: Regulating the Electronic Media (1997)
Regulating Broadcast Programming (1994)
The First Amendment and Broadcasting: Press Freedoms and Broadcast Journalism (1978)
The Good Guys, the Bad Guys and the First Amendment (1875)
The Mass Media and Modern Democracy (1974)
The New Media and the First Amendment (1994)
Fighting Words & Related Doctrines
Fighting Words (1995)
Flag Salute
Burning the Flag: The Great 1989-1990 American Flag Desecration Controversy (1996)
Desecrating the American Flag: Key Documents of the Controversy from the Civil War to 1995 (1996)
Saving "Old Glory": The History of the American Flag Desecration Controversy (1995)
Freedom of Association, Assembly, Petition
Freedom of Association (1998)
Hate Speech
Beyond the Burning Cross: A Landmark Case of Race, Censorship, and the First Amendment (1994)
Free Speech for Me – But Not for Thee: How the American Left Relentlessly Censor Each Other (1992)
Freeing the First Amendment: Critical Perspectives on Freedom of Expression (1995)
Group Defamation and Freedom of Speech (1995)
Hate Speech on Campus: Cases, Studies, and Commentary (1997)
Hate Speech on Trial (1998)
Hate Speech, Civil Rights, and Civil Liberties (1994)
Hate Speech, Pornography, and the Radical Attack on Free Speech Doctrine (1999)
Hate Speech: The History of an American Controversy (1994)
Kindly Inquisitors: The New Attacks on Free Thought (1993)
Must We Defend Nazis? Hate Speech, Pornography, and the New First Amendment (1997)
Speaking Freely: The Case Against Speech Codes (1994)
Speaking Respect, Respecting Speech (1998)
Speech Acts and the First Amendment (1993)
The Price We Pay: The Case Against Racist Speech, Hate Propoganda and Pornography (1995)
When the Nazis Came to Skokie: Freedom for Speech We Hate (1999)
Words that Wound: Critical Race Theory, Assultive Speech, and the First Amendment (1993)
Oliver Wendell Holmes, Jr.
Justice Oliver Wendell Holmes: Free Speech and the Living Constitution (1991)
Radio Address (1931)
The Essential Holmes (1992)
The Life of Oliver Wendell Holmes (1989)
Jehovah Witnesses
Judging Jehovah’s Witnesses: Religious Persecution and the Dawn of the Rights Revolution (2000)
Loyalty/Security
Fighting Faiths: The Abrams Case, the Supreme Court,and Free Speech (1987)
Fighting Terrorism: How Democracies Can Defeat Domestic and International Terrorists (1995)
Free Speech in the Good War (1999)
Free Speech in the United States (1969)
Freedom of Speech: The Supreme Court and Judicial Review (1966)
Freedom Under Fire: US Civil Liberties in Times of War (1990)
War and Press Freedom (1999)
Thurgood Marshall
Thurgood Marshall: His Speeches, Writings, Arguments, Opinions and Reminiscences (2001)
Political/Electoral Process
If Buckley Fell: A First Amendment Blueprint for Regulating Money in Politics (2000)
Pre-1917 Freedom of Expression Cases
Free Speech in its Forgotten Years (1997)
Free Speech, "The People’s Darling Privilege": Struggles for Freedom of Expression in American History (2000)
Press Freedoms
A Free and Responsible Press (1947)
Don’t Shoot the Messenger: How Our Growing Hatred of the Media Threatens Free Speech for All of Us (1999)
Emergence of a Free Press (1985)
Fighting for the First Amendment: Stanton of CBS vs. Congress and the Nixon White House (1997)
Freedom of the Press for Whom?: The Right of Access to the Media (1973)
Freedom of the Press from Hamilton to the Warren Court (1967)
Freedom of the Press from Zenger to Jefferson (1996)
Images of a Free Press (1991)
Make No Law: The Sullivan Case and the First Amendment (1991)
Press and Free Speech Freedoms in America, 1619-1995: A Chronology (1997)
Public Rights and the Private Press (1981)
Taming of the Press: Cohen v. Cowles Media Company (1999)
The Day the Presses Stopped: A History of the Pentagon Papers Case (1996)
The Fourth Estate and the Constitution: Freedom of the Press in America (1991)
Profanity
Comedy on Trial: The Free Speech Struggles of Lenny Bruce (2002)
Right of Association, Anonymity, No Compelled Expression
Freedom of Association (1998)
The Freedom Not to Speak (1999)
Sexual Material
Defending Pornography: Free Speech, Sex and the Fight for Women’s Rights (2000)
Federal Censorship: Obscenity in the Mail (1961)
Freedom, Virtue, and the First Amendment (1957)
Girls Lean Back Everywhere: The Law of Obscenity and the Assualt on Genius (1992)
Hate Speech, Pornography, and the Radical Attack on Free Speech Doctrine (1999)
In Harm’s Way: The Pornography Civil Rights Hearings (1997)
Obscenity and Public Morality: Censorship in a Liberal Society (1969)
Offense to Others: The Moral Limits of the Criminal Law (1985)
Only Words (1993)
Pornography and the Justices (1996)
Pornography in a Free Society (1988)
Public Morality and Liberal Society: Essays on Decency, Law and Pornography (1996)
The Problem of Pornography: Regulation and the Right of Free Speech (1995) (1995)
The Question of Pornography: Research Findings and Policy Implications (1987)
Student Expression
May it Please the Court: The First Amendment (1997)
The Struggle for Student Rights: Tinker v. Des Moines and the 1960s (1997)
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