This Casebook (Revised First Edition, August 2016) is intended to be used in an upper-division course covering the First Amendment to the United States Constitution. Its 14 chapters are substantially the same length, with the exception of Chapter One, the introduction, and Chapters Eleven and Twelve which in combination are the usual length. It is intended for 13 or 14 week semester that meets once or twice per week. Each Chapter contains a “Chapter Outline” at the beginning for ease of reference.

The Casebook is organized with the Speech Clauses as Part One and the Religion Clauses as Part Two. Unlike many other courses, there is no accepted organizational scheme within these broad areas. As the Introduction notes, First Amendment doctrine, especially within freedom of speech, presents a varied and haphazard landscape.

The Casebook follows a scheme that has proven effective in Professor Robson's years of teaching the course to hundreds of students. The selection of cases tends toward the most recent and these tend to be less heavily edited. These recent cases often contain extended discussions of earlier cases that are not included in the Casebook.

As events of the last few years have shown, the Supreme Court has played a crucial role in American political life. There is practically no issue of social significance in the American past that did not at some point end up in the nation's courtrooms, yet much of the workings of the constitution remain obscure. This subject is designed to introduce students to the main themes and events of American constitutional law since 1787. It introduces terms and concepts of law and legal history, focusing on three recurring themes in American public life: liberty, equality, and property. Readings consist mostly of original court cases, especially from the U.S. Supreme Court, but the focus of the class is on the historical connections between those cases and broader social, political, and cultural trends.

This Casebook is intended to be used in a course which concentrates on Constitutional Rights and centers the Fourteenth Amendment. It can be used in a first year Law School course with a title such as “Liberty, Equality, and Due Process,” as it is at CUNY School of Law, an upper division Constitutional Rights course, or an advanced undergraduate course focusing on constitutional rights, especially equality and due process.

Explore the separation of church and state with regards to school prayer and religious tolerance. This lesson is an exercise in Constitutional law, judicial process, critical thinking, persuasive writing and public speaking. It is best conducted over a period of weeks. Teachers may need to adapt the activity to meet time constraints or to overcome limitations that class size might present.

This unit, designed for a Constitutional Law elective, but applicable to U.S. History/Civics courses too, will introduce students to the basic framework of Critical Race Theory and the need to disrupt the perceived neutrality of the law, while also interrogating the notion of colorblindness. Students will study the history of housing and school segregation in the U.S. They will examine the role the federal government played in purposefully creating and perpetuating housing segregation throughout the first half of the 20th century. They will have the opportunity to explore interesting primary sources, such as original HOLC Residential Security maps, which helped to create the basis for redlining. Students will also draw connections between housing segregation and school segregation, analyzing their reciprocal nature. Additionally, they will investigate the history of desegregation and resegregation of American public schools. Throughout the unit, they will look at the role the Supreme Court played and evaluate the extent to which the court worked to dismantle versus uphold segregation. Lastly, students will brainstorm, research and discuss ways to address persistent segregation today. In addition to useful resources, the unit provides tools and guidance for dissecting Supreme Court cases, implementing a student-led seminar and more.