Constitutional Law & First Amendment Law
Introduction
This guide looks at materials relating to the United States Constitution and
specific amendments. It will also provide guidance for students in both
Constitutional law I and II. It does not include any materials relating to state
constitutions. Materials focusing on a specific amendment or narrow topic will
be located in a separate section at the end of the general materials portion of
the guide.
Finding Books and Other Materials
While many countries have adopted their own constitutions, this
bibliography focuses on the Constitution of the United States of America,
meaning that all items will be located entirely within the KF classification range
from the Library of Congress.
For assistance in locating resources on this topic, consider using the following
related search terms:
Censorship -- United States.
Church and state -- United States.
Church and state -- United States -- History.
Civil rights -- United States.
Constitutional history -- United States.
Constitutional law -- United States.
Constitutional law -- United States -- Cases.
Constitutional law -- United States -- Encyclopedias.
Constitutional law -- United States -- Examinations, questions, etc.
Constitutional law -- United States -- Outlines, syllabi, etc.
Constitutional law -- United States -- Problems, exercises, etc.
Freedom of religion -- United States.
Freedom of speech -- United States.
Freedom of speech -- United States -- Cases.
Freedom of the press -- United States.
Freedom of the press -- United States -- Cases.
Hate speech -- United States.
Judicial review -- United States.
Law reports, digests, etc. -- United States.
Petition, Right of -- United States.
United States. -- Constitution. -- 1st Amendment.
United States -- Constitutional law -- Interpretation and construction.
United States. -- Supreme Court -- History.
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Course Reserve Materials
All course reserve materials are available at the circulation desk for a three
hour checkout period. They have been selected by the professor to supplement
the course materials and a copy of all mandatory course materials are available
as well. Additional copies of some materials may available in the stacks for
three week checkouts. Please see a staff person for assistance with these items.
Constitutional Law
Erwin Chemerinsky
KF 4550 .C429 2013
This casebook for the basic constitutional law course covers: the powers of
the three branches of government, taxation and its limits, economic liberties,
equal protections and fundamental due process rights, and the first
amendment as it covers free speech and freedom of religion.
Constitutional Law 2013 Supplement
Erwin Chemerinsky
KF 4549 .C429 2013 Sup
This supplement to the Constitutional Law casebook contains edited
versions of several major constitutional law cases that are not included in the
casebook itself.
Constitutional Law: Principles and Polices, 4th (Aspen Student Treatise Series)
Erwin Chemerinsky
KF 4550 .C427 2011
This hornbook accompanies the text of the Chemerisnky casebook. It
covers many of the same topics, but provides detailed explanations of the
relevant concepts. It is mostly intended for the use of students who want
additional explanation about basic Constitutional Law.
Primary Legal Materials
These are sources of primary, mandatory law. They contain actual statutes
and case law, as well as the digests used as finding aids in locating them. As
citable, binding law, these are the usual goals of legal research, but they lack
explanation as to their meaning.
Digest of the United States Supreme Court Reports, Lawyer’s Ed
KF 101.1 .U55
Like its West counterpart, this is a topical index to headnotes provided by
the publisher accompanying the reported decisions of the Supreme Court. This
is kept on the second floor; it is reference, so it cannot be circulated.
Federal Practice Digest 4th & Federal Practice Digest 5th
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KF 127 .W48 1989
The Federal Practice Digest index headnotes from cases across a broad
spectrum of the federal judiciary. Everything from the Supreme Court through
military courts from 1984 to the present are included. This is kept on the
second floor; it is reference, so it cannot be circulated.
Federal Reporter, Federal Reporter 2d & Federal Reporter 3d
KF 105 F432
This is the major source of federal case law from the various Circuit Courts.
While constitutional issues are largely decided at the Supreme Court level,
many times they arise from splits in the circuits, making this a necessary
resource for all the prior cases preceding a Supreme Court decision. This is
kept on the second floor; it is reference, so it cannot be circulated.
Federal Supplement & Federal Supplement 2d
KF 120 .F42
Consisting primarily of federal District Court decisions, this another
resource finding important constitutional caselaw. It should be used in
conjunction with the Federal Reporter and the Federal Practice Digest. This is
kept on the second floor; it is reference, so it cannot be circulated.
North Eastern Reporter 2d & North Eastern Reporter 3d
KF 135.N6 N63
The regional reporters contain federal cases as well as state level decisions.
For this reason having access to the local regional reporter allows you to see
where constitutional cases arise.
Supreme Court Digest
KF 101.1 .U55
This is the West digest for their Supreme Court Reporter. It indexes the
headnotes, by topic solely of Supreme Court decisions. It should be used in
conjunction with the Supreme Court Reporter. This is kept on the second
floor; it is reference, so it cannot be circulated.
Supreme Court Reporter
KF 101.A322 KA90 A1
West’s Supreme Court Reporter is more current than the official copy and
contains headnotes, annotations and Key Numbers for easier indexing and
location of topics. Like, U.S. reports, this is the source for Supreme Court
decisions constitutional issues. This is kept on the second floor; it is reference,
so it cannot be circulated.
United States Code Annotated
KF 62.5 .W45
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This is West’s unofficial copy of the United States Code; which contains a
cop of the Constitution of the United States. The annotations are useful for
expediting research and include Key Numbers for use with other West
Publications. This is kept on the second floor; it is reference, so it cannot be
circulated.
United States Reports
KF 101 .U58
The official reporter for the United States Supreme court contains the
definitive source for all decisions relating to constitutional concerns. This is
kept on the second floor; it is reference, so it cannot be circulated.
United States Supreme Court Reports, Lawyer’s Ed.
KF 101.A313
The Lexis Supreme Court reporter provides cases more current than the
United States reports. Like the West equivalent, it contains headnotes and is
indexed with its own digest. This is kept on the second floor; it is reference, so
it cannot be circulated.
Reference Materials
These books are all standard legal reference works of general applicability.
They cover almost every legal topic and will offer supplemental information on
most topics. Some contain annotations or notes that will refer you to primary
law, expediting your research.
American Jurisprudence 2d (AmJur)
KF 154 .A42
This is one of the classic legal encyclopedias and contains information
about various areas of constitutional law at both the state and federal level. It
is located in the reference section of the first floor and does not circulate.
American Law Reports (A.L.R.) 2d, 3d, 4th, 5th, 6th, Federal & Federal 2d
KF 132 A52
Annotations in the American Law Reports cover a variety of legal topics,
usually in more depth than an encyclopedia article, but focusing on narrower
applications of the law; constitutional law is included among the list of topics
covered. It is located in the reference section of the first floor and does not
circulate.
Black’s Law Dictionary
Bryan A. Garner, ed.
KF 156 .B53 2009
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One of the standard reference works in a law library, this dictionary
provides definitions for terminology across the entire legal spectrum. Multiple
copies and editions are available, with the most recent being kept in the ready
reference section behind the reference desk. Please see a staff person for
assistance.
Burton’s Legal Thesaurus
William C. Burton
KF 156 B856 2013
Another standard legal reference work, this thesaurus provides synonyms
and antonyms for a wide variety of terminology from law and related fields.
This volume is kept in ready reference, behind the reference desk. Please see a
staff person for assistance.
Corpus Juris Secundum (C.J.S.)
KF 154 .C56
Like American Jurisprudence, the other major legal encyclopedia, this set
contains information about various areas of constitutional law at both the state
and federal level. It is located in the reference section of the first floor and does
not circulate.
Federal and State Constitutions Colonial Charters and Other Organic Laws of
the States Territories and Colonies Now or Heretofore Forming the United
States of America
Francis Newton Thorpe
KF 4530 T46 2002
This series contains then current constitutions for all U.S. states and
territories as well as the Constitution of the United States and Articles of
Confederation. As the text is over a century old, any amendments made in that
time have not been included. It is available in the ready reference section on
the first floor; please see a staff person for assistance.
Landmark Briefs and Arguments of the Supreme Court of the United States
KF 101.8 .K87
Consisting of briefs and supplemental materials submitted to the court for
major cases, this series is valuable for seeing how to construct an appeal or
how the court is influenced by the information presented to it. It is available in
the treatise section on the third floor.
The Oxford Companion to the Supreme Court of the United States
KF 8742 .A35 O93 1992
This work complies synopses of major Supreme Court cases, constitutional
doctrines and terminology and historical notes to provide a handy guide to
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anyone looking to understand the basics of how the court works. It is not a
work aims at practitioners or legal scholars. It is available in the ready
reference section behind the reference desk on the first floor; please see a staff
person for assistance.
The Oxford Guide to United States Supreme Court Decisions, 2d
Kermit L. Hall & James W. Ely Jr, eds.
KF 4548.5 O97 2006
This book provides a brief synopsis of over 400 Supreme Court decisions
and short introductions to various constitutional issues. It is handy for those
who do not need an in depth look at any case, but brief overviews of many
differing cases. It is available in the stacks on the third floor.
Study Guides, Outlines & Hornbooks
Study guides are commercially prepared outlines and supplements which
provide additional detail to add to a student’s understanding of particular
areas of law. They typically have less depth than a hornbook but provide
summaries of difficult concepts.
Hornbooks are single volume treatises which follow alongside casebooks and
expand on their subject matter.
Acing Constitutional Law
Russell L. Weaver, Steven I. Friedland, Catherine Hancock & Donald E. Lively
KF 4550 .Z9 A28 2010
This study guide combines, black letter rules, case synopses, discussions &
problems to explain constitutional law. It covers, powers of the branches of
government, regulation of commerce, immunities, due process, equal
protection, and the First Amendment. It is available in the stacks on the third
floor.
Constitutional Law, 4th (Blond’s Law Guides)
Neil C. Blond & William D. Araiza
KF 4550 .Z9 B56 2009
Because it is smaller than some of the other guides, this study guide
necessarily does not cover topics is as much depth as others might, but it still
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includes a variety of outlines, cases and discussions of black letter
constitutional topics. It analyzes: the authority of the Supreme Court, national
powers, state regulation and the commerce clause, powers of the other
branches, the Fourteenth Amendment and equal protection, and first
amendment issues. It is available in the stacks on the third floor.
Constitutional Law, Part I (Law in a Flash)
Constitutional Law, Part II (Law in a Flash)
KF 388 C66
Based on the Emanuel constitutional law outline, these flashcards cover both
black letter legal definitions and application of the law via hypotheticals. Part I
is dedicated to national and state powers, and Part II focuses on individual
liberties. They are available in the reserve section for a three hour checkout;
please see a staff person for assistance.
Constitutional Law, 8th (West Hornbook Series)
John E. Nowak & Ronald D. Rotunda
KF 4550 .N6 2010
The standard West hornbook on Constitutional law includes sections on:
the authority of the Supreme Court, national powers, powers of the other
branches, state regulation and the commerce clause, the Fourteenth
Amendment and equal protection, and first amendment issues. It is available
in the Reserve section on the first floor; please see a staff person for assistance.
Constitutional Law: The Commerce Clause (Turning Point Series)
Dan T. Coenen
KF 4606 .C54 2004
This small volume focuses entirely on how the Supreme Court has applied
the Commerce Clause. It discusses the history of the Commerce Clause,
limitations on Congressional Authority under the Commerce clause, the
dormant commerce clause, and the Privileges and Immunities and Supremacy
Clauses. It is available in the stacks on the third floor.
Constitutional Law: Keyed to Courses using Chemerinsky’s Constitutional Law,
4th (Casenotes Legal Briefs)
KF 4550 .Z9 C595 2013
These are a set of commercially prepared briefs to accompany the cases
included in the Chemerinsky Constitutional Law casebook. It is available in
the stacks on the third floor.
Constitutional Law Stories, 2d
Michael C. Dorf, ed.
This book looks at the history of several constitutional law cases and how
they evolved the rules of constitutional law. However, there are only a few
cases included and some of the topics are not covered in most constitutional
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law casebooks. The book also trends toward more recent cases, rather than
most of the traditional cases. This book is available in the stacks on the third
floor.
Principles of Constitutional Law (Concise Hornbooks)
John E. Nowak & Ronald D. Rotunda
KF 4550 .Z9 N69 2004
The Concise hornbook from West covers the same topics as the regular
hornbook, but does so in less depth. It is available in the stacks on the third
floor.
Property: Takings (Turing Point Series)
David A. Dana & Thomas W. Merrill
KF 5599 .Z9 D36 2002
While this guide reads like a student study guide it focuses exclusively on a
single issue of property law, takings. While this is a major constitutional and
property issue, many students will only need this guide if they need a very in
depth look at takings and nothing else.
Questions & Answers: Constitutional Law
Paul C. McGreal & Linda S. Eads
KF 4550 .Z9 M23 2007
A test preparation guide, this book contains both essay and multiple choice
questions. Like most test preparation guides, it does not provide an overall
view of the substantive law or cases on the topic of constitutional law, but
rather provides explanations only in relation to the questions asked. It is
available in the stacks on the third floor.
Understanding Constitutional Law, 3d
Norman Redlich, John Attansio & Joel K. Goldstein
KF 4550 .Z9 R43 2005
Another of the standard study guides, this one covers: the powers of the
courts and Congress, the Commerce Clause, the federal system, the dormant
commerce clause, presidential powers, the takings and contract clauses, equal
protection, and the First amendment. It is available in the reserve section on
the first floor; please see a staff person for assistance.
Treatises
All treatises are longer, in-depth looks at particular areas of the law. They
tend to cover one or several volumes and include both bound volumes and
looseleafs. Bound volumes are periodically updated by pocket parts and
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supplements while looseleafs come in binders and are updated continuously
throughout the year by adding or removing the relevant sections.
Active Liberty
Stephen Breyer
KF 4552 B74 2005
This short treatise by Justice Breyer calls for greater participation in
government as a means of securing the federal system and rights of free speech
and privacy. It is available in the stacks on the third floor.
American Epic: Reading the Constitution
Garrett Epps
KF 4550 E663 2013
This book is, essentially, a section by section reading and parsing of the text
of the Constitution. Each section is quoted in full and then the language is put
into context. It is particularly useful for those looking for a historical
perspective on the Constitution. It is available in the stacks on the third floor.
Constitution 3.0: Freedom and Technological Change
Jeffrey Rosen & Benjamin Wittes, eds.
KF 4550 C569 2011
This is a collection of articles and essays about how changes in technology
have impacted the law, or failed to. The issues discussed: privacy, surveillance
and ownership of genetic information all have serious constitutional issues
which underlie them. It is available in the stacks on the third floor.
Constitutional Conservatism: Liberty, Self-Government and Political
Moderation
Peter Berkowitz
KF 4550 B385 2013
This book analyzes politically conservative principles as applied to the
constitution through the perspective of the writings of Edmund Burke and the
Federalist papers. It is available in the stacks on the third floor, or in e-book
format through the above link to the library’s catalog.
Constitutional Debate in Action: Governmental Powers, 2d
H. L. Pohlman
KF 4565 .A7 P64 2004
This book in a depth look at five Supreme Court cases: Marbury v. Madison,
NLRB v. Jones & Laughlin Steel Corp., Korematsu v. United States,
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Youngstown Sheet & Tube Co. v. Sawyer, and Unites States v. Nixon. It is
available in the stacks on the third floor.
Constitutional Rights of the Accused
Joseph G. Cook
KF 9619 .C642
This multivolume treatise covers issues of arrest and detention, search and
seizure, entrapment, confession, identification, the right to counsel and selfrepresentation, examination, evidentiary exclusion, bail, indictments, pleas,
trials, witnesses, prosecutorial misconduct, punishments, probation and
parole, pardons, and double jeopardy.
Constitutionalism, Democracy and Foreign Affairs
Louis Henkin
KF 4651 .H447 1990
This short volume looks at the limits of constitutional power in the matter
for foreign affairs and questions whether or not constitutional amendments are
needed to enable the government to participate fully in international events. It
is available in the stacks on the third floor.
The Court and the Constitution
Archibald Cox
KF 4550 C69 1987
This book is a look at the court’s history of shaping constitutional law. It
covers establishment of constitutional powers, expansion of the government
and its economic effects, use of the constitution in social change, and the
possible future of judicial review doctrine. It is available in the stacks on the
third floor.
Encyclopedia of the American Constitution, 2d
KF 4548 .E53 2000
This multivolume set contains article on particular doctrines in
constitutional law as well as landmark cases. It is a standard reference for
anyone interested in constitutional jurisprudence. It is available in the treatise
section on the third floor, and does not circulate.
Federalism: A Dialogue
David L. Shapiro
KF 4600 .S53 1995
This book is almost a debate where the author takes both sides. He
examines whether or not federalism is or is not a restraint on the power of the
national government and whether the states or the national government are the
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basis of the government. While the book examines both sides of the issue, it is
not dedicated to proving one or the other. It is available in the stacks on the
third floor.
Freedom and the Court: Civil Rights and Liberties in the United States
Henry J. Abraham
KF 4749 .A73 1967
This book is more a historical look at how the court used to examine civil
rights issues. Because of its age is does not include many of the more recent
decisions or changes in civil rights as applied by the court. It is available in
the stacks on the third floor.
Freedom’s Law: The Moral Reading of the Constitution
Ronald Dworkin
KF 4552 D96 1996
This book is an examination of major constitutional cases and issues from
the latter part of the previous century. The various chapters were written
largely contemporaneously with the events, and then compiled. It does have an
overall theme, which is that the constitution should be read in terms of the
moral principles involved rather than the strict text of the document. It is
available in the stacks on the third floor.
The Great Debate: The Need for Constitutional Reform
Rodney D. Scott
KF 4552 .S38 1999
This book, as the title implies, calls for a change in the how the constitution
works. Its premise is that if we do not amend the constitution to meet the
needs of changing society formally, then it will be done informally. It is
available in the stacks on the third floor.
Judicial Review and the Consent of the Governed: Activist Ways and Popular
Ends
Donald E. Lively
KF 4575 L48 1990
This book looks at how the doctrine of judicial review has been utilized to
achieve activist goals in government. It also favors a “living document” view of
the constitution and accordingly supports the use of the courts for social
change. It is available in the stacks on the third floor.
Making Our Democracy Work
Stephen Breyer
KF 4575 B73 2010
This book looks at two major issues: the power, or lack thereof of the
Supreme Court, and how the court can balance judicial review in a changing
society with the need to maintain traditional tools of judicial review and
statutory construction. It is available in the stacks on the third floor.
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Modern Constitutional Law: Liberty and Equality, 3d
William J. Rich
KF 4550 .A75 2011
This multivolume treatise looks at the structure of constitutional litigation,
first amendment issues, and due process and equal protection matters. It is
available in the treatise section of the third floor and does not circulate.
Original Intent and the Framers of the Constitution: A Disputed Question
Harry V. Jaffa
KF 4550 .J35 1994
This book questions what the proper balance is between strict original
intent and practical considerations is in constitutional adjudication. It does so
from a politically conservative viewpoint and rejects the idea of a “living
constitution”. It is available in the stacks on the third floor.
The Partial Constitution
Cass R. Sunstein
KF 4549 .S86 1993
This book rejects the traditional notions of judicial activism and calls for a
rejection of what it calls “status quo neutrality.” It also calls for greater
participation in shaping the Constitution by the other branches of government.
It is available in the stacks on the third floor.
Private Property and the Constitution
Bruce A. Ackerman
KF 5599 .A93
This book takes a critical look at current legal thought regarding property
rights and the takings clause. It analyzes our current legal structure under a
couple of philosophical frameworks. This is a more advanced perspective on
property than would be undertaken in a first year course, but it may be helpful
for students coming from business or philosophical backgrounds to enhance
their understanding of the issues at play. It is available in the stacks on the
third floor.
Regulatory Rights
Larry Yackle
KF 4552 .Y33 2007
This book looks at how the court’s position have been used to create new
substantive rights and expand ones explicitly mentioned in the Constitution.
This work is aimed more at legal scholars than practitioners or students. It is
available in the stacks on the third floor.
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Representing Popular Sovereignty: the Constitution in American Political
Culture
Daniel Lessard Levin
KF 4552 .L476 1999
The author of this book looks at how Americans view the Constitution not
as a legal document but as a political symbol. It looks more at how people
perceive the idea of the Constitution rather than the actual text or execution of
its goals. It is available in the stacks on the third floor.
Rights of Prisoners, 3d
Michael B. Mushlin
KF 9731 .G6 2002
This is a multivolume treatise which, despite being largely criminal in
nature, looks at the first, fourth, eighth, and fourteenth amendments as they
are applied to people in prison. It is available in the treatise section on the
third floor and does not circulate.
Search and Seizure: A Treatise on the Fourth Amendment
Wyane R. LaFave
KF 9630 .L26 2004
This treatise is largely aimed at criminal practitioners, but obviously is
grounded in the Fourth Amendment to the U.S. Constitution. It covers:
exclusion, warrants, searches of persons, searches of premises, searches of
vehicles, stop and frisk, and regulatory searches and inspections. It is
available in the treatise section on the third floor.
Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in
Comparative Constitutional Law
Mark Tushnet
KF 4575 .T873 2008
This is a comparison of two different forms of judicial review, one is the
current model exercised b courts in the United States and the other is based on
constitutional norms and much weaker than our model. It is available in the
stacks on the third floor.
First Amendment Materials
The First Amendment, 3d (Concepts and Insights)
Daniel A. Farber
KF 4770 .F556 2010
This study guide looks at prohibitions on regulation of content, defamation,
offensive speech, obscenity, commercial speech, speech in special settings, free
exercise of religion, and the establishment clause. It is available in the reserve
section on the first floor; please see a staff person for assistance.
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First Amendment Anthology
Donald E. Lively, Dorothy E. Roberts & Russell L. Weaver, eds.
KF 4770.A75 F568 1994
This is a collection of articles and essays on various aspects of First
Amendment law. It looks primarily at issues of free speech, the press and
religion. It is available in the stacks on the third floor.
SPLAPPs: Getting Sued for Speaking Out
George W. Pring & Penelope Canan
KF 4780 .P75 1996
This book examines the use of Strategic Lawsuits Against Public
Participation (or SLAPPs) and how they are used to prevent citizens and groups
from exercising First Amendment rights. It is available in the stacks on the
third floor.
Freedom of Speech and the Press Materials
Campus Hate Speech on Trial
Timothy C. Shiell
KF 4772 .S445 1998
This book criticizes the use of hate speech regulations on public university
campuses and the use of hostile environment laws as their basis. It is
available in the stacks on the third floor.
Censorship and Silencing: Practices of Cultural Regulation
Robert C. Post, ed.
KF 4775 .C46 1998
This is an anthology of essays dealing with censorship in not only a
regulatory manner, but also as it applies to issues of the arts and culture. It is
available in the stacks on the third floor.
Eloquence and Reason
Robert L. Tsai
KF 4770 .T73 2008
This is a book on how the language of the Constitution is transformed into
ideas and cultural touchstones in the United States. It is intended for
academic study and not for use by practitioners. It is available in the stacks
on the third floor.
Emergence of a Free Press
Leonard W. Levy
Page 14 of 19
KF 4774 .L48 2004
This is a historical look at the legal and cultural issues that surrounded the
creation and inclusion of the freedoms of speech and the press in the First
Amendment. It is available in the stacks on the third floor.
Fighting Words: Individuals, Communities and Liberties of Speech
Kent Greenawalt
KF 4772 .G738 1995
This is a comparison of the law of free speech in the United States and
Canada. It looks at their constitutional protections and how each nation’s
courts have interpreted them. It is available in the stacks on the third floor.
Free Speech for Me, but Not for Thee: How the American Left and Right
Relentlessly Censor Each Other
Nat Hentoff
KF 4772 .H46 1992
This is a book on the use of censorship across the spectrum in modern
American political discourse. It is available in the stacks on the third floor.
Free Speech in its Forgotten Years
David M. Rabban
KF 4772 .R33 1997
This is a historical look at free speech litigation from the 1870’s through the
1920’s. While it looks at only a few major issues, it does provide context for a
time period not normally regarded as a major source of First Amendment
litigation. It is available in the stacks on the third floor.
Free Speech, “The People’s Darling Privilege”: Struggles for Freedom of
Expression in American History
Michael Kent Curtis
KF 4772 .C87 2000
Another historical look at the First Amendment, this one focuses on free
speech issues surrounding the abolitionist movement and the Civil War. It is
available in the stacks on the third floor.
Freedom of Expression in the Supreme Court: The Defining Cases
Terry Eastland, ed.
KF 4770 .A4 F74 2000
This book provides short synopses of the various major Supreme Court
cases involving freedom of speech along with portions of the decisions, dissents
and concurrences. It is available in the stacks on the third floor.
Human Liberty and Freedom of Speech
C. Edwin Baker
KF 4772 .B35 1989
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This book contends that our current “marketplace of ideas” understanding
of the First amendment is incorrect, and that the correct interpretation is
based on the concept of liberty. It is available in the stacks on the third floor.
Images of a Free Press
Lee C. Bollinger
KF 4774 .B65 1991
This book is concerned with the image of the freedom of the press versus
the reality of the Supreme Court’s jurisprudence on the issue. The material is
now somewhat out of date, but the more historical portions are still relevant. It
is available in the stacks on the third floor.
Must We Defend Nazis?: Hate Speech, Pornography and the New First
Amendment
Richard Delgado & Jean Stefancic
KF 4772 .D45 1997
This book consists of several reprinted articles with some original text as
well. It looks at the extent of free speech and the need for less formulaic tests
and more balancing of interests. It is available in the stacks on the third floor.
Outspoken: Free Speech Stories
Nan Levinson
KF 4772 .L48 2003
This book provides short, behind-the-scenes looks as real freedom of speech
cases and the people involved in them. It is more illustrative than informative,
and not recommended for scholarly investigation. It is available in the stacks
on the third floor.
The Politics of Freedom of Expression: The Decisions of the Supreme Court of
the United States
Mark J. Richards
KF 4770 .R53 2013
This book analyzes Supreme Court decisions in light of Jurisprudential
Regime Theory and focuses on the importance of content neutrality in their
decisions. It is intended for scholarly study and not practitioner use. It is
available in the stacks on the third floor.
Seven Dirty Words and Six Other Stories: Controlling the Content of Print and
Broadcast
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Matthew L. Spitzer
KF 4772 .S65
This book examines the law of free speech as it applies to mass media and
broadcasting. The material is somewhat dated, making this more historically
interesting than practically useful. It is available in the stacks on the third
floor.
The Tolerant Society
Lee C. Bollinger
KF 4772 .B65 1988
This book looks at several theoretical models for understanding our free
speech laws. It is particularly concerned with extremist speech and the extent
and reasons why it is permitted. It is available in the stacks on the third floor.
Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism
Mark A. Graber
KF 4772 G73 1991
This is another historical look at the evolution of free speech law in the
United States. It focus on the theoretical models implemented during the
Progressive Era as a means of understanding how current legal rationales are
constructed. It is available in the stacks on the third floor.
A Worthy Tradition: Freedom of Speech in America
Harry Kalven, Jr.; Jamie Kalven, ed.
KF 4772 K35 1989
This extensive work looks at issues of censorship and freedom of
association. It looks at major legislation and court decisions on each area, and
in some cases the remedies used. It is available in the stacks on the third
floor.
You Can’t Say That!: The Growing Threat to Civil Liberties from
Antidiscrimination Laws
David E. Bernstein
KF 4749 .B47 2003
This book argues that antidiscrimination laws are an unnecessary and
dangerous restriction on civil liberties, most especially free speech rights. It is
available in the stacks on the third floor.
First Amendment: Freedom of Religion
Constitutional Law: The Religion Clauses (Turning Point Series)
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Daniel O. Conkle
KF 4783 .Z9 C62
The Turning Point Series examines a single topic in depth, this one is
dedicated to freedom of religion, both the establishment and free exercise
clauses. It also discusses the analytical frameworks for understanding the
First Amendment’s position on religion. It is available in the stacks on the
third floor.
God Versus Caesar: Belief, Worship and Proselytizing under the First
Amendment
Martin S. Sheffer
KF 4783 .S54 1993
Instead of looking solely at the nature of the establishment and free exercise
clauses, this book looks at how they are applied in the contexts of education
and conscientious objection. It is available in the stacks on the third floor.
Law & Religion (Cases in Context)
Leslie C. Griffin, ed.
KF 4783 .L385 2010
This book is a series of histories on major Supreme Court cases regarding
religion. The topics covered include: definitions of religion, the free exercise
clause, the establishment clause, and accommodation of religion. It is
available in the stacks on the third floor.
Religious Liberty & State Constitutions
Edd Doerr & Albert J. Mendez
KF 4783 .Z95 D64 1993
This book is primarily excerpts from the state constitutions which concern
religion or religious liberties. It is available in the stacks on the third floor.
Separating Church and State: Roger Williams and Religious Liberty
Timothy L. Hall
KF 4783 .H35 1998
This book analyzes the philosophical opposition of Roger Williams to
establishment of a state religion to provide context for understanding the
debate over religion in First Amendment law. It is available in the stacks on
the third floor.
Audio/Visual Resources
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Audio/Visual resources includes compact discs, DVD’s and other means of
reproducing material other than the printed word. These materials are
collected specially on the first floor. Please see a staff person for assistance.
A DVD History of the U.S. Constitution
Jeff Fahey
KF 4541 .D83 2005
This video traces the history of representative government in the United
States, beginning in the Colonies and through the Revolution and creation of
the Articles of Confederation into the creation of the Constitution. It shows
how historical antecedents led to specific amendments and how those
Amendments were interpreted through to the modern era.
God in America
BL 2525 G63 2010
This video looks at major historical and political religious figures in the
United States, and tell the story of how their actions were made possible by the
legal protections afforded religion by the Constitution.
The Supreme Court
KF 8742 .S857 2007
This video series traces the history of the Supreme Court of the Unites
States from the very earliest cases though the Civil War and Reconstruction,
the Civil Rights Era and into the modern day.
Blawgs & Other Online Resources
SCOTUS Blog
http://www.scotusblog.com/
This blawg tracks the decisions of the Supreme Court of the United States.
It is a good way to stay current on up to date legal changes and major
decisions involving constitutional law.
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