Skills & Values. First Amendment. 3rd ed. 2022Available to students & faculty on Lexis Digital Library.
"The Skills & Values Series is an innovative hybrid series of subject-specific, practice-oriented books and online materials supported by Web Courses (powered by Blackboard 9.1). The series is designed as a tool for professors to teach practical and analytical skills that can help students serve future clients competently, skillfully, and in an ethical manner.
Skills & Values: The First Amendment allows students to experience the connection between theory, doctrine, and practice in First Amendment law. The exercises provide an opportunity for studying First Amendment concepts from the perspective of a practicing attorney who must not only know the law, but also employ lawyering skills and values - such as legal strategy, factual development, advocacy, counseling, drafting, problem solving, and ethical principles - in zealously representing a client.
Each chapter in Skills & Values: The First Amendment addresses a specific topic covered in most First Amendment law school courses. The chapters begin with an introduction to help bridge the gap between the actual practice of law and the doctrine and theory studied in class. Students will then have the opportunity to engage in active, "hands on" learning by working through a stand-alone exercise that simulates a real-life legal dilemma. The exercises are as authentic as possible, incorporating materials such as legal pleadings, motions, correspondence, judicial opinions, statutes, discovery materials, and deposition excerpts. The self-assessment tool included at the end of each chapter suggests ways that a practicing attorney might have approached each exercise. It is not meant to provide "the answer," but to identify issues and strategies students should have considered in order to effectively represent a client.
The topics covered in Skills & Values: The First Amendment and companion Web Course include:
Incitement and Illegal Activity
Obscenity and Sexually Explicit Material
The Fighting Words Doctrine
Government and Commercial Speech
Time, Place and Manner Restrictions
Public Employee and Public School Student's Speech Rights
Freedom of Expressive Association
The Political Process and the First Amendment
The Newsgathering Function and Freedom of the Press
The Establishment and Free Exercises Clauses
Vagueness and Overbreadth
The companion Web Course also contains:
forms to assist students to complete some of the exercises
video files
links to some of the key cases
multiple choice quiz questions
supplemental materials designed to increase students' understanding of both doctrine and practice.
The text in the book will prompt readers to access the online Web Course materials when the materials are relevant to an exercise."
Chapter One: Incitement of Illegal Activity. . . . . . . . . . . 1
Chapter Two: Obscenity and Sexually Explicit Material . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Chapter Three: The Fighting Words Doctrine . . . . . . . . 29
Chapter Four: Commercial Speech. . . . . . . . . . . . . . . . . 37
Chapter Five: Time, Place and Manner Restrictions . . . 51
Chapter Six: Public Employee Speech Rights . . . . . . . . 63
Chapter Seven: Public School Students’ Speech Rights . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Chapter Eight: Government Speech. . . . . . . . . . . . . . . . 83
Chapter Nine: Freedom of Expressive Association . . . . 91
Chapter Ten: The Political Process and the First Amendment . . . . . . . . . . . . . . . . . . . . . . 103
Chapter Eleven: The Newsgathering Function and Freedom of the Press. . . . . . . . . . . . . 113
Chapter Twelve: The Establishment Clause. . . . . . . . . 127
Chapter Thirteen: The Free Exercise Clause . . . . . . . . 135
Chapter Fourteen: Vagueness and Overbreadth . . . . . 151