First Amendment  Fundamental Freedoms

• Overview of First Amendment, Fundamental Freedoms

• Relationship Between the Establishment and Free Exercise Clauses

• Relationship Between Religion Clauses and Free Speech Clause

• Religion

  • Overview of the Religion Clauses (Establishment and Free Exercise Clauses)

  • Historical Background

    • Introduction to the Historical Background on the Religion Clauses

    • England and Religious Freedom

    • State-Established Religion in the Colonies

    • Colonial Concepts of Religious Liberty

    • Virginia's Movement Towards Religious Freedom

    • Continental Congresses and Religious Freedom

    • Constitutional Convention, Ratification, and the Bill of Rights

    • Early Interpretations of the Religion Clauses

  • Religious Disputes

    • Overview of Government Resolution of Religious Disputes

    • Doctrinal Basis of Government Resolution of Religious Disputes

    • Neutral Principles of Law and Government Resolution of Religious Disputes

    • Church Leadership and the Ministerial Exception

• Establishment Clause

  • General Principle of Government Neutrality to Religion

  • Accommodationist and Separationist Theories of the Establishment Clause

  • Establishment Clause Tests Generally

  • Financial Assistance to Religion

    • Overview of Financial Assistance to Religion

    • Early Cases on Financial Assistance to Religion

    • Adoption of the Lemon Test

    • Application of the Lemon Test

    • Zelman and Indirect Assistance to Religion

    • Denying Financial Assistance to Religion

  • Non-Financial Assistance to Religion

    • Overview of Non-Financial Assistance to Religion

    • Early Cases on Non-Financial Assistance to Religion

    • Purpose and Effect Test Before Lemon

  • Non-Financial Assistance to Religion and the Lemon Test

    • Lemon's Purpose Prong

    • Overview of Lemon's Effect Prong

    • Lemon's Effect Prong and Accommodation of Religion

    • Lemon's Effect Prong and Pervasively Sectarian Institutions

    • Lemon's Entanglement Prong

    • Endorsement Variation on Lemon

  • Non-Financial Assistance to Religion and Non-Lemon Tests

    • Abandonment of the Lemon Test

    • Coercion and Establishment Clause Doctrine

    • Establishment Clause and Historical Practices and Tradition

• Free Exercise Clause

  • Overview of Free Exercise Clause

  • Laws Regulating Religious Belief

  • Laws that Discriminate Against Religious Practice

  • Laws Neutral to Religious Practice

    • Laws Neutral to Religious Practice during the 1940s and 1950s

    • Laws Neutral to Religious Practice from the 1960s through the 1980s

    • Laws Neutral to Religious Practice and Internal Government Affairs

    • Laws Neutral to Religious Practice and Current Doctrine

    • Laws Neutral to Religious Practice Regulating Prisons and the Military

• Free Speech Clause

  • Historical Background on Free Speech Clause

  • Procedural Matters

    • The Overbreadth Doctrine, Statutory Language, and Free Speech

    • Vagueness, Statutory Language, and Free Speech

    • Prior Restraints on Speech

    • State Action Doctrine and Free Speech

    • Retaliatory Prosecution and Arrest

  • Content-Based and Content-Neutral Regulation of Speech

    • Overview of Content-Based and Content-Neutral Regulation of Speech

    • Development of a Judicial Approach to Content-Based Speech Laws

    • Laws Making Facial Content-Based Distinctions Regarding Speech

    • Laws Regulating Speech with a Content-Discriminatory Purpose

    • Laws Making Speaker-Based Distinctions in Regulating Speech

    • Content-Based and Compelled Speech

    • Content-Neutral Laws Burdening Speech

  • Viewpoint-Based Regulation of Speech

    • Overview of Viewpoint-Based Regulation of Speech

    • Viewpoint-Based Distinctions on the Face of a Law

    • Viewpoint Discrimination in Facially Neutral Laws

    • Viewpoint-Based Distinctions Within Proscribable Speech

    • Viewpoint Neutrality in Forum Analysis

  • Categorical Approach

    • Overview of Categorical Approach to Restricting Speech

    • Early Doctrine of Incitement

    • Incitement Movement from Clear and Present Danger Test

    • Incitement Current Doctrine

    • Fighting Words

    • True Threats

    • Defamation

    • Application of Defamation Cases to Group Libel, Hate Speech

    • False Statements Outside of Defamation

    • [Privacy Torts](https://www.law