A mere 45 words, the First Amendment to the Constitution stands as a pillar of our democracy and has had an incalculable influence on the development of human freedom in the United States and the Western world. To study the First Amendment is to learn something about the meaning of America and who "We the People" are - and to see the significant and far-reaching cultural implications of this fundamental constitutional provisions.These twelve practical lectures offer a guide to understanding the protections and limitations implied by the First Amendment. You'll learn what and whom it protects, and why it matters to you personally. You'll consider questions of how we define speech, the meaning of "religion," and when the state can interfere with your rights. You'll also explore the questions courts and citizens will be grappling with for years to come: How does the First Amendment apply to the Internet? Does the First Amendment apply to video games? Should new communication technologies make courts reconsider well-settled rules? Is social media subject to existing principles, to new ones, or to none at all? Throughout these lectures, Professor Finn returns to a fundamental theme: What the First Amendment protects is largely a function of why it protects it-the why being America's commitment to democracy and liberty. In pursuit of these ideals, courts have often placed a higher value on political speech, although no such distinction is made in the Constitution. You'll examine numerous landmark Supreme Court decisions, including Citizens United v. Federal Election Commission.
The First Amendment and You: What Everyone Should Know
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01: A Citizen’s Guide to the First Amendment
Why do we have a First Amendment? Whom does the First Amendment protect? As Professor Finn outlines the course, you’ll learn theories on why the First Amendment exists, become familiar with the protections provided, and confront the most common misperceptions Americans have regarding freedom of speech, rights of the press, and more.
02: The First Amendment and Political Speech
On what basis does the court place a higher value on political speech? How do we identify what qualifies as political speech? Investigate the categorical approach to the First Amendment and learn why the state may prohibit speech. Study New York Times Co. v. Sullivan as you contemplate whether speech that defames or includes lies should be protected.
03: The First Amendment and Symbolic Speech
When is conduct considered speech? Should speech protections be extended to conduct at all? Explore the concept of symbolic speech by considering the forms speech can take and examining the classic Supreme Court cases of U.S. v. O’Brien, Spence v. Washington, and Tinker v. Des Moines.
04: The First Amendment and Corporate Speech
Do corporations have speech rights? Are advertisements protected? Look at decisions that have contributed to defining commercial speech and the measure of protection it deserves. Delve into cases like Citizens United v. Federal Election Commission, which tested the constitutionality of the McCain-Feingold Act, and others concerning restrictions on corporations, unions, and various groups when commenting on public affairs.
05: The First Amendment and Obscenity
Using the categorical approach, the court says some speech falls outside the orbit of the First Amendment and may be censored. How do we define what’s offensive? In this lecture, you’ll see how obscenity and pornography—although plainly speech or expression—are entitled to little or no protection, and probe how the court justifies this exclusion.
06: The First Amendment and Hate Speech
Is there a difference between hateful speech and speech that’s simply offensive? Study Chaplinksy v. New Hampshire, Cohen v. California, Snyder v. Phelps, and other significant cases as you investigate the fighting words doctrine and the history of hate speech laws.
07: Does It Matter Where You Speak?
Explore to what extent citizens can speak freely in various private and public locations. Examine the rationale behind the public forum doctrine and differentiate between rules that govern speech in public forums, limited public forums, and nonpublic forums.
08: Freedom of the Press
Is the press clause of the First Amendment redundant? Discover why the founders made this distinction and the difficulty of defining who and what constitute “the press.” Consider whether journalists have a special privilege to withhold their sources, if courtroom proceedings should be televised, and claims of citizens’ right of access to the media.
09: Freedom of Association
The First Amendment identifies rights to assemble and petition the government, but does not protect association specifically. Examine cases that establish protection for association and highlight the tension between our commitments to associational freedom and equality. Learn when and why the state may limit our freedom to associate.
10: The Establishment Clause
Learn why freedom of religion is so crucial to a constitutional democracy and the issues that have given rise to an incredibly complex—and frequently evolving—series of doctrinal rules and tests, including the important Lemon Test.
11: The Free Exercise Clause
When and why can the state regulate or prohibit the practice of religion? Does religious freedom mean you can opt out of secular laws that burden your faith? Investigate fascinating cases that bear directly on the practical—often controversial— implications of the words “Congress shall make no law … prohibiting the free exercise” of religion.
12: The Future of the First Amendment
Do legal precedents apply to the Internet or are new parameters needed? Consider the debate over net neutrality and explore how existing First Amendment rules apply in the context of new technologies such as social media, Skype, and other online content; video games; and cell-phone cameras.
About
John E. Finn is Professor of Government Emeritus at Wesleyan University, where he taught for thirty years. Finn received a Ph.D. in political science from Princeton University, a J.D. from Georgetown University, a B.A. in political science from Nasson College, and a degree in culinary arts from the French Culinary Institute. His scholarly research and teaching focuses on constitutional theory, comparative constitutional law, the first amendment, and the legal regulation of terrorism and political violence. Professor Finn is an internationally recognized expert on constitutional law and political violence. His public lectures include testimony in front of the House Judiciary Committee, as well as lectures in Chile, Bolivia, Spain, Italy, Canada, England, and France.
Finn is the author of four highly regarded and influential books on constitutional law: Fracturing the Founding: How the Alt-Right Corrupts the Constitution (Rowman & Littlefield, 2019), Peopling the Constitution (Kansas, 2014), American Constitutional Law: Essays, Cases, and Comparative Notes 4th ed. (coauthor, West Academic Publishing, 2018), and Constitutions in Crisis: Political Violence and the Rule of Law (Oxford, 1991), and of numerous scholarly articles in professional journals.
Finn’s research and scholarly writing also extends to the study of food, recipes, and politics. He has published a book on the history, philosophy, and meaning of omelets, including recipes, The Perfect Omelet (Countryman, 2017), and several essays and articles, including “How Does a Recipe Mean,” in Table Matters: A Journal of Food, Drink, and Manners (2016), an entry on “Measurements,” in The Oxford Companion to Sweets, ed. Darra Goldstein (2015), an essay on Julia Child in Gastronomica (2007), and articles on “The Perfect Recipe,” (2011) and “The Kitchen Voice as Confessional,” (2004) in Food, Culture & Society.
