Modules
- Module 1 Free Speech Values; What Is Speech?
Why protect speech at all — truth, self-governance, autonomy — and where speech ends and conduct begins. O'Brien gives the test for regulating the conduct half; Spence asks when conduct is speech; Johnson shows the two colliding over a burning flag.
- Module 2 Free Speech Methodology in production
The two-track system: content-based regulation gets strict scrutiny, content-neutral regulation gets something less — and everything turns on telling them apart.
- Module 3 Infringement of Speech in production
Prior restraints, vagueness and overbreadth, compelled speech, and government pressure on speakers.
- Module 4 Disfavored Categories I — Violent and Harmful Speech in production
Incitement, fighting words, true threats, hate speech, defamation, IIED, and commercial speech — the categories carved out of full protection and the pressure they are under.
- Module 5 Disfavored Categories II — Sexual Nature; Elections in production
Obscenity and indecency from Roth through Reno, child-protection doctrine, and money as speech from Buckley through Citizens United.
- Module 6 Locations and Forums in production
Where speech happens changes what protection it gets: the forum taxonomy, time-place-manner doctrine, and speech inside institutions.
- Module 7 Free Exercise — Part I
From Sherbert's compelled-exemption regime to Smith's neutral-generally-applicable rule — the central fault line of modern free exercise — plus the ministerial exception's absolute carve-out for religious employment.
- Module 8 Free Exercise — Part II in production
Targeting, general applicability after Lukumi and Fulton, religious funding from Trinity Lutheran through Carson, and the 2025 Term's additions.
- Module 9 The Establishment Clause — Part I in production
School prayer, coercion, and the fall of Lemon — history and tradition as the new test after Kennedy v. Bremerton.
- Module 10 The Establishment Clause — Part II in production
Public money, public monuments, legislative prayer, and the curriculum cases.
- Module 11 Sovereign and 11th Amendment Immunities in production
How to sue a state (for $$$): Hans, Seminole Tribe, Alden, and the Ex parte Young workaround.
- Module 12 Congressional Power Under the Civil War Amendments in production
Section 5 from Morgan through Boerne's congruence-and-proportionality test and its progeny — the constitutional engine behind the civil rights statutes.