Freedom of Speech · Module 3
Infringement of Speech
What counts as an infringement in the first place. Prior restraints and the presumption against them, unconstitutional conditions, compelled speech, and the government's own voice — where the First Amendment simply does not apply.
Assigned reading
Chemerinsky, Constitutional Law (7th ed. 2023) — 1099–1172.
The casebook is the assigned text for this course. This page is the map: what the Module is doing, in what order, and what goes with it.
Topics
What counts as an infringement. Prior restraints: licensing, injunctions, and the presumption against them. Unconstitutional conditions and government subsidies. Compelled speech. Government speech.
Reading list
0 of 7 readings published · the rest are in preparation and will appear here as they are edited
- Opinion Near v. Minnesota
- Opinion New York Times Co. v. United States (Pentagon Papers)
- Opinion Lovell v. City of Griffin
- Opinion West Virginia State Board of Education v. Barnette
- Opinion Rust v. Sullivan
- Opinion Legal Services Corp. v. Velazquez
- Opinion 303 Creative LLC v. Elenis
Classroom visuals
Discussion
Meta Settled. What Did the States Get That a Statute Could Not? on Canvas — sign in required
This module in Canvas
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How to read this list
A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.