Fear and the First Amendment

In Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer an examination of the ways fear figures in First Amendment questions ruled on by the Supreme Court. Johnson and Smith focus on the rulings from the Roberts Court. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears that pertain to a given case.

These cases include Morse v. Frederick, which takes up the competing fears of school administrators' loss of authority and students' loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one's reputation. Next, they investigate parents' anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases.

Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.