The First Amendment

Fall Semester 2008
Prof. Jack M. Balkin

Note: All references to page numbers refer to Stone, Seidman, Sunstein, Tushnet and Karlan, The First Amendment (3d ed. 2008).


1. Theories of Free Speech; Seditious Advocacy

2. Defamation and Privacy

A. Defamation

B. Privacy


3. Disclosure of Confidential and Dangerous Information

4. Vagueness, Overbreadth, and Prior Restraint

5. Pornography and Obscenity

A. Obscenity and Child Pornography

B. Secondary Effects and Zoning of Sexually Explicit Expression

6. Offensive and Indecent Speech

A. Captive Audiences

B. Projection of Children

7. Fighting Words, Racist Speech and Workplace Harassment

A. Fighting Words and the Hostile Audience

B. Racist Speech and Workplace Harassment

8. What is Speech?

9. Commercial Speech

10. Time, Place and Manner Regulation

A. Time, Place and Manner Regulation

B. The Public Forum

C. Nonpublic forums

11. The First Amendment in the Welfare State

A. Government Subsidies to Speech and Government Speech

B. Government Employment

C. Special Environments

12. Media Regulation and Freedom of the Press

A. Broadcast Regulation

B. Freedom of the Press

13. Campaign Finance

14. Freedom of Association

A. Associational Formation

B. Compelled Affirmation of Belief

C. Anonymity

D. Government Benefits and Licenses

E. Legislative Hearings


Return to Syllabi Online