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| Acknowledgments | |
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| Introduction | |
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| "Congress Shall Make No Law..." | |
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| Preferred Liberties | |
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| Historical Background to the First Amendment | |
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| The Search for a Unified Reading | |
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| Some Useful Terms | |
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| "...Abridging the Freedom of Speech": From Clear and Present Danger to the Categorical Approach | |
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| Libel and the Meaning of Sedition | |
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| The Focus on Circumstances: The "Clear and Present Danger" Test, 1919-1969 | |
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| The Categorical Approach: Fighting Words, Obscenity, and Libel | |
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| General Principles | |
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| Regulation of Speech in a Public Forum | |
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| Limited Forums | |
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| The Categorical Approach Revisited: Libel, Obscenity and Indecency, Sexual Harassment, and Hate Speech | |
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| Libel | |
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| Obscenity and Privacy | |
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| Defining Obscenity | |
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| Protecting Privacy | |
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| Special Protections for Children | |
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| Indecency and Public Spaces | |
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| Sexual Harassment | |
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| Hate Speech: Reconsidering the Categorical Approach | |
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| Commercial Speech | |
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| Campaign Contributions and Expenditures | |
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| Speech-Plus and Expressive Conduct; Compelled Speech and the Right of Association | |
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| Speech-Plus and Expressive Conduct | |
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| Compelled Speech and the Right of Association | |
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| Compelled Speech | |
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| Association and Compelled Association | |
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| "Congress Shall Make No Law Respecting an Establishment of Religion..." | |
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| Subsidies for Religious Activities | |
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| Endorsement | |
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| Public Prayers | |
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| Public Displays | |
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| Revisiting the Question of Legislative Intent: Endorsement and School Curricula | |
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| The Establishment Clause and the Problem of Accommodation | |
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| "...Or Prohibiting the Free Exercise Thereof" | |
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| What is a "Religion"? | |
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| What is a "Law Prohibiting the Free Exercise" of Religion? | |
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| Government as Speaker; Access Cases | |
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| Government as Speaker | |
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| Access to Public Facilities | |
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| Access to Public Support | |
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| Freedom of the Press | |
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| Prior Restraints | |
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| Libel and Invasion of Privacy | |
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| Limits on Newsgathering | |
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| Reporter's Privilege | |
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| The Special Case of Broadcast Media: The Rise and Fall of the Equal Time Doctrine | |
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| Rights of Assembly and Petition | |
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| Assembly | |
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| Petition | |
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| Three Views of the First Amendment; the First Amendment and the Problem of Equality; the Future of the First Amendment | |
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| Approaches to Understanding the First Amendment | |
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| The Affirmative Approach | |
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| The Negative Approach | |
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| Test Cases: Access and Association | |
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| Another View: The Activist Approach | |
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| The First Amendment and the Problem of Equality | |
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| The Future of the First Amendment | |
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| Table of Cases | |
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| Sources | |
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| Index | |