This is an alphabetical listing of all articles in The First Amendment Encyclopedia. For more information, see About the First Amendment Encyclopedia.
- 2 Live Crew
2 Live Crew's rap lyrics became the subject of a federal court case about obscenity after a Florida judge ruled that “As Nasty As They Wanna Be” violated...
- 44 Liquormart, Inc. v. Rhode Island (1996)
In 44 Liquormart v. Rhode Island, the Supreme Court advanced First Amendment protections for commercial speech when it struck down a Rhode Island state law...
- A Quantity of Books v. Kansas (1964)
In A Quantity of Books v. Kansas involving book censorship and obscenity, the Supreme Court held that a Kansas statute allowing obscene materials to be seized...
- A. Mitchell Palmer
After World War I, U.S. attorney general A. Mitchell Palmer directed the "Palmer raids," a series of roundups of thousands of radicals and dissenters suspected...
- Aaron Caplan
Aaron Caplan is a First Amendment scholar who has focused on Internet free speech cases. His scholarship includes articles on the public forum doctrine, free...
- Abe Fortas
Supreme Court Justice Abe Fortas wrote the influential First Amendment opinion in Tinker v. Des Moines Independent Community School District (1969). Fortas said...
- Abington School District v. Schempp (1963)
In Abington School District v. Schempp (1963), the Supreme Court said public school teachers and staff could not read Bible verses and the Lord's Prayer aloud...
- Abolitionists and Free Speech
Before the Civil War, pro-slavery legislators in Congress and state legislatures attempted to squelch or limit anti-slavery speech and writing through gag rules...
- Abood v. Detroit Board of Education (1977)
In Abood v. Detroit Board of Education (1977), the Supreme Court ruled unanimously that although nonunion government employees represented by a union could be...
- Abortion Protests
The First Amendment protects the rights of pro-lifers to protest against abortion. The competing right under Roe v. Wade of women's access to abortion clinics...
- Abraham Lincoln
Though revered by history, Abraham Lincoln has been criticized for his restrictions on civil liberties during the Civil War, including First Amendment freedoms...
- Abrams v. United States (1919)
In Abrams v. United States (1919) the Supreme Court upheld convictions of several people for distributing leaflets advocating their radical political views. In...
Absolutists believe that the wording "Congress shall make no law" in the First Amendment means that neither federal nor state governments may pass laws...
- Academic Bill of Rights
The Academic Bill of Rights is a document promulgated by conservative political author David Horowitz. It attempts to establish principles of free expression on...
- Academic Freedom
Academic freedom is the principle that teachers, students and educational institutions should be able to pursue knowledge without unreasonable political or...
- Access to Courtrooms
Although the First Amendment doesn't mention freedom of access to courtrooms, including proceedings and records, the Supreme Court has held that the public...
- Accommodationism and Religion
The constitutional doctrine of accommodationism asserts that the First Amendment promotes a beneficial relationship between religion and government. It is one...
- Action for Children's Television v. Federal Communications Commission (D.C. Cir.) (1995)
In Action for Children's Television v. Federal Communications Commission (1995), the D.C. Circuit upheld the "safe harbor" provisions of the Public...
- Actual Malice
Actual malice is the legal standard the Supreme Court has set for libel cases in determining when public officials or public figures may win damages in lawsuits...
- Ad Hoc Balancing
In First Amendment law, ad hoc balancing involves judging cases on their unique facts, rejecting formulaic tests to determine whether speech is protected or not...
- Adderly v. Florida (1966)
In Adderly v. Florida (1966), the Supreme Court in a 5-4 decision reasoned that blocking access to a jail, where there were security concerns, constituted...
- Adler v. Board of Education (1952)
In Adler v. Board of Education (1952) the Supreme Court upheld a New York statute designed to prevent members of subversive groups from teaching in public...
- Adult Film Association of America
The Adult Film Association of America was founded in 1969 as the first trade association of pornographic film producers, working to defend the industry against...
- Adventures of Huckleberry Finn
- Advocacy of Illegal Conduct
Mere advocacy of illegal conduct was punishable by the government until a 1969 Supreme Court ruling, Brandenburg v. Ohio. In that case the Court ruled the...
- Advocate Health Care Network v. Stapleton (2017)
In Advocate Health Care Network v. Stapleton (2017), church-related nonprofits argued they were exempt from ERISA pension rules under First Amendment church-...
- Affirmative Action
Two Supreme Court cases involving affirmative action relied in part on the First Amendment. In one, the Court invoked academic freedom as a First Amendment-...
- Agency for International Development v. Alliance for Open Society (2013)
In Agency for International Development v. Alliance for Open Society (2013), the Supreme Court ruled that a policy barring funding for organizations that did...
- Agostini v. Felton (1997)
In Agostini v. Felton (1997), the Supreme Court ruled that New York did not violate the First Amendment's establishment clause by administering a federally...
- Aguilar v. Felton (1985)
Aguilar v. Felton was a 1985 Supreme Court case in which the justices held that New York City had violated the establishment clause of the First Amendment by...
- Aid to Parochial Schools
In a range of cases including Lemon v. Kurtzman (1971), the Supreme Court has tried to navigate the difficult questions involving when government aid to private...
- Aid to Religious Colleges and Universities
Aid to religious colleges and universities presents at least three First Amendment–related issues involving the establishment clause: Effect of the religion...
- Air Wisconsin Airlines Corp. v. Hoeper (2014)
In Air Wisconsin Airlines Corp. v. Hoeper (2014), the Supreme Court sought to clarify cases in which individuals might have immunity for reporting information...
- Albert Gallatin
Albert Gallatin, best known as President Thomas Jefferson’s secretary of the Treasury, opposed the U.S. Constitution because he feared the loss of individual...
- Alberts v. California (1957)
Alberts v. California (1957), the companion case to Roth v. United States, marks the first time the Supreme Court specifically ruled that the First Amendment...
- Alcohol Advertising
Alcohol advertising, as commercial speech, is protected under the First Amendment as long as it does not promote unlawful activity and is not misleading. It can...
- Alex Kozinski
Alex Kozinski (1950- ), is a judge on the 9th U.S. Circuit Court of Appeals, where he served as chief from 2007-2014. He is well known for his First Amendment...
- Alexander Bickel
Alexander Mordecai Bickel (1924–1974), a well-known legal scholar of the 20th century, was the attorney for the New York Times in the Pentagon Papers case...
- Alexander Hamilton
Alexander Hamilton’s (1755–1804) arguments against seditious libel in People v. Croswell advanced the idea that truth should be a defense and people have a...
- Alexander Meiklejohn
The philosopher Alexander Meiklejohn (1872–1964) argued that the First Amendment’s primary purpose is to ensure that voters are free to engage in...
- Alexander v. United States (1993)
In Alexander v. United States (1993), the Supreme Court rejected claims of a petitioner convicted under obscenity and racketeering laws that his First Amendment...
- Alexis de Tocqueville
Alexis de Tocqueville (1805–1859) authored one of the most profound discussions of American democracy in the 19th century, Democracy in America. He was...
- Alfred Knight III
Alfred M. Knight III (1937-2011) was a Nashville-based attorney who specialized in First Amendment and open-government litigation. For much of his career, he...
- Algernon Sidney
At the time of the American Revolution, Algernon Sidney (1623–1683) was the world’s most celebrated martyr for free speech. Executed largely on the basis...
Although the First Amendment to the U.S. Constitution makes no distinction between citizens and noncitizens, Supreme Court precedents interpreting the amendment...
- Alliance Defending Freedom
The Alliance Defending Freedom is a conservative Christian organization founded in 1993 and dedicated to issues connected to religious freedom and family...
- Alvin Goldstein
Alvin Goldstein (1936– 2013 ), an outspoken publisher of pornography and advocate of free speech, for many years published Screw, a porn magazine, and...
- Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza (1968)
In Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, (1968), the Supreme Court held that the state courts of Pennsylvania could not enjoin...
- American Academy of Religion v. Chertoff (S.D.N.Y) (2006)
In American Academy of Religion v. Chertoff, a New York federal court ordered the government to issue a visa to Tariq Ramadan, a scholar of Islam, or to explain...
- American Amusement Machine Association v. Kendrick (7th Cir.) (2001)
In American Amusement Machine Association v. Kendrick, the 7th U.S. Circuit Court of Appeals ruled that an ordinance against violent video games could not be...
- American Association of University Professors
The American Association of University Professors (AAUP) is the largest organization representing the interests of the academic profession in the United States...
- American Aurora
American Aurora, a newspaper of the Democratic-Republican Party, illustrates the use of newspapers as partisan instruments in early U.S. history. Its attacks on...
- American Booksellers Association v. Hudnut (7th Cir.) (1985)
In American Booksellers Association v. Hudnut, the 7th Circuit upheld a federal district court opinion declaring unconstitutional an Indianapolis anti-...
- American Booksellers Foundation for Free Expression
The American Booksellers Association (ABA) founded the American Booksellers Foundation for Free Expression (ABFFE) in 1990 to promote the free exchange of ideas...
- American Center for Law and Justice
The American Center for Law and Justice (ACLJ), a public-interest law firm and political advocacy group, focuses on issues of religious freedom and “family...
- American Civil Liberties Union
The American Civil Liberties Union (ACLU) states as its mission the protection and preservation of First Amendment rights, equal protection under the law, due...
- American Civil Liberties Union v. National Security Agency/Central Security Service (E.D. Mich.) (2006)
In ACLU v. National Security Agency/Central Security Service, a federal judge issued an injunction based on First Amendment and Fourth Amendment claims against...
- American Committee for Protection of Foreign Born v. Subversive Activities Control Board (1965)
In American Committee for Protection of Foreign Born v. Subversive Activities Control Board (1965), the Supreme Court responded to a challenge of the group’s...
- American Communications Association v. Douds (1950)
In American Communications Association v. Douds (1950), the Supreme Court said the 1947 Labor Management Relations Act, despite the First Amendment, could...
- American Federation of Labor v. American Sash and Door Co. (1949)
In American Federation of Labor v. American Sash and Door Co. (1949), the Supreme Court upheld a right-to-work amendment to the Arizona constitution, which had...
- American Federation of Labor v. Swing (1941)
In American Federation of Labor v. Swing (1941), the Supreme Court held that the state’s policy of forbidding picketing when there was “no immediate...
- American Freedom Defense Initiative v. King County (2016)
The U.S. Supreme Court denied certiorari in American Freedom Defense Initiative v. King County (2016). The case arose in Seattle and involved advertising on the...
- American Friends Service Committee
The American Friends Service Committee, founded in 1917, has been active in defending civil rights and civil liberties, and is a vocal proponent of First...
- American Indian Religious Freedom Act of 1978 as Amended in 1994 (1994)
The 1994 amendment to the American Indian Religious Freedom Act of 1978 allowed peyote use by Native American tribes as part of the practice of religion. The...
- American Library Association
The American Library Association’s Freedom to Read Statement recognizes the freedom to read as an essential part of the U.S. Constitution and asserts that...
- American Life League v. Reno (4th Cir.) (1995)
In American Life League v. Reno, the 4th U.S. Circuit Court of Appeals upheld the constitutionality of the Freedom of Access to Clinic Entrances Act (FACE) of...
- American Nazi Party and Related Groups
The American Nazi Party is one of several hundred white-supremacist groups in the United States whose words and actions have tested the limits of the First...
- American Radio Association, AFL-CIO v. Mobile Steamship Association (1974)
In American Radio Association, AFL-CIO v. Mobile Steamship Association (1974), the Supreme Court held that an Alabama court’s injunction against picketing of...
- American School of Magnetic Healing v. McAnnulty (1902)
American School of Magnetic Healing v. McAnnulty (1902), is a Supreme Court case that set a precedent furthering freedom of speech and the press by limiting the...
- American Society of News Editors
The American Society of News Editors (ASNE), founded in 1922, concerns itself with issues of importance to newspaper editors, their profession, and journalism...
- Americans United for Separation of Church and State
Americans United for Separation of Church and State is one of the oldest U.S. advocacy groups committed to the strict separation of government and religious...
- Amish and Mennonites
The pacifism and effort of the Amish and Mennonites to separate themselves from worldliness have led to a number of important legal precedents relative to the...
- Anarchy Statutes
Most anarchy statutes in the U.S. were passed in the early 20th century in response to the growing visibility of anarchists, who believe in replacing coercive...
- Anderson v. Celebrezze (1983)
In Anderson v. Celebrezze (1983), the Supreme Court struck down on First Amendment grounds a state law that imposed early filing requirements for an independent...
- Anderson v. City of Hermosa Beach (9th Circuit) (2010)
In this decision, a three-judge panel of the 9th U.S. Circuit Court of Appeals struck down a California city’s ban on tattoo parlors. The appeals court ruled...
- Anderson v. Dunn (1821)
In Anderson v. Dunn (1821), the Supreme Court unanimously upheld the right of the House of Representatives to cite individuals for contempt, but limited its...
- Anderson v. Liberty Lobby (1986)
In Anderson v. Liberty Lobby (1986), the Supreme Court required application of the clear and convincing evidence standard to decide if a journalist had...
- Andrea Dworkin
Andrea Dworkin (1946–2005), a radical feminist writer and theorist, launched sweeping attacks on pornography that led to harsh criticism of her by civil...
- Animal Sacrifice
The Supreme Court addressed the constitutionality of animal sacrifice for religious purposes in Church of the Lukumi Babalu Aye v. City of Hialeah (1993),...
- Anne Hutchinson
Anne Hutchinson (1591–1643), a Puritan religious leader and preacher who was tried and convicted for heresy, has been variously portrayed as a defender of...
- Anonymous Speech
The Supreme Court has protected anonymity under the First Amendment, but has balanced protection for anonymous speech against competing interests, notably in...
- Ansonia Board of Education v. Philbrook (1986)
The Supreme Court ruled in Ansonia Board of Education v. Philbrook that Title VII of the Civil Rights Act of 1964 did not require an employer to accept an...
- Anthony Comstock
Anthony Comstock (1844–1915), a dogged reformer, imposed his Victorian values on a rapidly urbanizing United States, sometimes in disregard for the...
- Anthony Kennedy
Since being confirmed to sit on the Supreme Court in 1988, Anthony Kennedy (1936 – ) has frequently been in the middle of his bitterly divided colleagues in...
- Anthony Lewis
Anthony Lewis (1927-2013) was a Pulitzer Prize-winning journalist who wrote about the First Amendment in books such as Make No Law: The Sullivan Case and the...
- Anti-Dial-a-Porn Act of 1989 (1989)
Congress passed the Anti Dial-a-Porn Act of 1989 to prohibit the availability of obscene and indecent interstate telephone recordings via toll numbers. The...
- Anti-Discrimination Laws
Laws that protect individuals from discrimination based on race, sex, ethnicity, age, religion, or sexual orientation often have First Amendment free-expression...
The Anti-Federalists opposed the ratification of the 1787 U.S. Constitution because they feared that the new national government would be too powerful and thus...
- Anti-mask Laws
Most anti-mask laws do not target specific groups explicitly. Instead, they typically ban mask wearing that intimidates others. Opponents of such laws invoke...
- Antonin Scalia
Supreme Court Justice Antonin Scalia (1936–2016) viewed First Amendment protections in a narrow, but occasionally libertarian, fashion. He gained a reputation...
Appropriation is the unauthorized use of a person’s name, photograph, likeness, voice, or endorsement, for financial gain and is related to the right of...
- Aptheker v. Secretary of State (1964)
A law that allowed the State Department to deny passports to American communists was too broad and unconstitutional on its face, the Supreme Court ruled in...
- Arcara v. Cloud Books, Inc. (1986)
In Arcara v. Cloud Books, Inc. (1986), the Supreme Court upheld the application of a New York public-health law to close an adult bookstore. The bookstore had...
- Archibald Cox
Archibald Cox (1912–2004) is best known for his role as special prosecutor in the Watergate investigation, but his career also involved a number of First...
- Arizona Christian School Tuition Organization v. Winn (2011)
In Arizona Christian School Tuition Organization v. Winn, a sharply divided (5-4) a group of Arizona taxpayers objected to a system of tax credits on the basis...
- Arizona Free Enterprise Club's Freedom Club PAC v. Bennett (2011)
An Arizona law that sought to level the playing field for political candidates and reduce corruption was ruled unconstitutional in Arizona Free Enterprise Club'...
- Arkansas Educational Television Commission v. Forbes (1998)
In Arkansas Educational Television Commission v. Forbes (1998), the Supreme Court upheld a decision to exclude Ralph P. Forbes, an independent candidate for...
- Arkansas Writers' Project, Inc. v. Ragland (1987)
In Arkansas Writers’ Project, Inc. v. Ragland, the Supreme Court declared unconstitutional an Arkansas law exempting newspapers and “religious, professional...
- Art Censorship
Artistic expression has historically been subject to some measure of direct or indirect censorship in the United States. The First Amendment provides...
- Arthur Goldberg
Arthur Goldberg served on the Supreme Court from 1962 to 1965, providing a consistent vote for the protection of First Amendment freedoms. Goldberg wrote a...
- Arthur Hays
Arthur Garfield Hays (1881–1954), a founding member of the American Civil Liberties Union, served as its general counsel until his death. Although Hays had...
- Arthur Kinoy
Arthur Kinoy (1920–2003) argued two cases before the Supreme Court that centered on First Amendment issues, including one challenging Mississippi’s anti-...
- Arthur Miller
Influential American playwright Arthur A. Miller’s play The Crucible (1953) depicted the mass hysteria of the 17th century witch trials in Salem,...
- As-applied Challenges
Justices have avoided striking down laws on their face for violating the First Amendment and preferred as-applied challenges. In as-applied challenges in First...
- Ashcroft v. American Civil Liberties Union (2002, 2004)
In Ashcroft v. American Civil Liberties Union, 535 U.S. 564 (2002), a fractured Supreme Court temporarily avoided deciding the constitutionality of a federal...
- Ashcroft v. Free Speech Coalition (2002)
In Ashcroft v. Free Speech Coalition (2002), the Supreme Court struck down portions of the federal Child Pornography Prevention Act (CPPA) of 1996 that banned...
- Ashton v. Kentucky (1966)
In Ashton v. Kentucky (1966), the Supreme Court held that most criminal libel laws violated the First Amendment. These laws had allowed prosecutors to bring...
- Associated Press v. National Labor Relations Board (1937)
In Associated Press v. National Labor Relations Board (1937), the Supreme Court upheld the application of the National Labor Relations Act of 1935 to the...
- Associated Press v. United States (1945)
In 1945 the Supreme Court upheld an injunction against The Associated Press for violating anti-trust laws based on excluding groups from membership. The opinion...
- Associated Press v. Walker (1967)
In Associated Press v. Walker (1967), the Supreme Court ruled that public figures should be treated differently from public officials when they sue for libel....
Governments must treat atheism like a religion for purposes of the First Amendment. The establishment clause not only prohibits governments from directly...
- Attorney Advertising
The regulation of attorney advertising continues to present challenging First Amendment issues for courts. Bar regulators attempt to protect the public from...
- Attorney General's Commission on Pornography (1986)
During the Reagan administration, the Department of Justice prepared the final report of the Attorney General’s Commission on Pornography in 1986 to document...
- Attorney General's List of Subversive Organizations
In 1947 President Harry S Truman issued an executive order for the government to catalog organizations engaged in subversive activity against the United States...
- Austin v. Michigan Chamber of Commerce (1990)
In Austin v. Michigan Chamber of Commerce, the Supreme Court upheld a Michigan law prohibiting nonprofit corporations from using general treasury fund revenues...
- Autopsies and Treatment of the Dead
Sometimes autopsy laws conflict with religious objections to such procedures, bringing into play First Amendment questions. States commonly require autopsies in...
- Avis Rent-a-Car System v. Aguilar (2000)
In Avis Rent-a-Car System v. Aguilar, 529 U.S. 1138 (2000), the Supreme Court declined to review a ruling by the California Supreme Court allowing an injunction...
- Bachellar v. Maryland (1970)
Bachellar v. Maryland (1970) involved the First Amendment and the Vietnam War. Justice William J. Brennan Jr. wrote the Supreme Court's unanimous opinion,...
- Bad Tendency Test
In Abrams v. United States in 1919, the Supreme Court abandoned the clear and present danger test in favor of the bad-tendency test. The test became the most...
- Baggett v. Bullitt (1964)
Focusing on the issue of vagueness, the Supreme Court in Baggett v. Bullitt (1964) struck down the 1931 and 1955 provisions of a Washington state law that...
- Baird v. State Bar of Arizona (1971)
Baird v. State Bar of Arizona (1971), companion case to In re Stolar, is one of several Supreme Court rulings that extended greater First Amendment protection...
- Baker v. Fales (1820)
The case of Baker v. Vales (Mass. Supreme Court, 1820) illustrates some of the problems that states with established churches faced prior to their abolition in...
- Baker v. Nachtrieb (1856)
Although this decision does not mention the First Amendment, Baker v. Nachtrieb (1856) furthered the free exercise of religion by sustaining an agreement...
- Bakery and Pastry Drivers and Helpers Local v. Wohl (1942)
In Bakery and Pastry Drivers and Helpers Local v. Wohl (1942), the Supreme Court struck down an injunction against picketers protesting peddlers buying from...
- Ballot Access
Ballot access refers to basic rules and procedures regulating whether and how candidates or political parties will be presented to voters in elections....
- Balzac v. People of Porto Rico (1922)
In Balzac v. People of Porto Rico (1922), the Supreme Court affirmed a libel decision against Jesus M. Balzac, editor of El Baluarte. The main issues were...
- Banned Books Week
Banned Books Week, celebrated annually in the last week of September, is intended to make the public more aware of the frequent challenges to the First...
- Bantam Books, Inc. v. Sullivan (1963)
In Bantam Books, Inc. v. Sullivan (1963), the Supreme Court ruled that states must provide adequate procedural safeguards when establishing a mechanism to...
Beginning in the early 17th century, Baptists were the first religious group to adopt separation of church and state as a fundamental article of faith. While...
- Bar Admissions
The bar admission process has produced many First Amendment-based challenges, especially when an applicant is denied because of past political associations or...
- Barber v. Time (1942)
The Missouri Supreme Court ruled in Barber v. Time (1942) that the balance between an individual’s privacy and press freedom does not depend solely on truth...
- Barenblatt v. United States (1959)
In Barenblatt v. United States (1959) the Supreme Court held that government could compel people to answer questions about their political affiliations and that...
- Barnes v. First Parish in Falmouth (1810)
In Barnes v. First Parish in Falmouth (1810) the Massachusetts Supreme Court found that the state could establish a religion and that a preacher not of that...
- Barnes v. Glen Theatre, Inc. (1991)
The Supreme Court ruled in Barnes v. Glen Theatre, Inc. (1991), that Indiana could regulate totally nude dancing without violating the First Amendment, even...
- Barr v. Matteo (1959)
In Barr v. Matteo (1959), the Supreme Court affirmed immunity from prosecution for libel involving statements made by officers of the executive branch...
- Barrett v. Rosenthal (Cal. S. Ct.) (2006)
The California Supreme Court in Barrett v. Rosenthal (2006) ruled that Section 230 of the Communications Decency Act gives those who republish defamatory...
- Barron v. Baltimore (1833)
Barron v. Baltimore (1833) limited the reach of the Bill of the Rights to the national government. The Supreme Court said the framers of the Constitution did...
- Bartnicki v. Vopper (2001)
In Bartnicki v. Vopper (2001), the Supreme Court found that the First Amendment protects speech that discloses the contents of an illegally intercepted...
- Bates v. Little Rock (1960)
The Supreme Court in Bates v. Little Rock (1960) affirmed that freedom of association for the purpose of advocating ideas and airing grievances finds protection...
- Bates v. State Bar of Arizona (1977)
The Supreme Court held in Bates v. State Bar of Arizona (1977) that attorney advertising was a form of commercial speech protected by the First Amendment,...
- BE and K Construction Co. v. National Labor Relations Board (2002)
In BE and K Construction Co. v. National Labor Relations Board (2002), the Supreme Court broadly interpreted the First Amendment right to petition in ruling...
- Beard v. Banks (2006)
In Beard v. Banks (2006), the Supreme Court upheld, against a First Amendment challenge, Pennsylvania prison restrictions on inmates’ reading materials. The...
- Beauharnais v. Illinois (1952)
Beauharnais v. Illinois (1952) is the central precedent for the constitutionality of state group-libel laws, but the Supreme Court ruling was so divided and...
- Behind the Green Door
Behind the Green Door (1972) was the first hard-core pornographic movie widely distributed in the U.S. Created by brothers Artie and Jim Mitchell, it grossed...
- Beilan v. Board of Education (1958)
In Beilan v. Board of Education (1958) the Supreme Court held that dismissal of teacher Howard Beilan for “incompetency” for refusing to answer questions...
- Bell v. Itawamba County School Board (5th Cir.) (2015)
In Bell v. Itawamba County School Board (2012), the 5th Circuit ruled that Mississippi school officials did not violate the First Amendment when they punished a...
- Bell v. Maryland (1964)
The Supreme Court case Bell v. Maryland (1964) arose from the criminal-trespass convictions of civil rights demonstrators who in 1960 held a “sit-in” at a...
- Bell v. Wolfish (1979)
In Bell v. Wolfish (1979), the Supreme Court said a New York prison rule against pretrial detainees' receiving hardcover books unless they were mailed directly...
- Bender v. Williamsport Area School District (1986 )
In Bender v. Williamsport Area School District (1986), the Supreme Court highlighted the importance of the doctrine of standing for anyone wishing to challenge...
- Benevolent Neutrality
The idea that government can exercise “benevolent neutrality” toward religion attempts to combine the ideas of neutrality and accommodationism. Chief...
- Benjamin Cardozo
Benjamin Cardozo (1870–1938) was appointed in 1932 to the Supreme Court, where he authored a number of opinions that supported freedom of the press and free...
- Benjamin Franklin
Benjamin Franklin (1706–1790) played an influential role in the Revolutionary War, and helped shape the U.S. Constitution. He was a lifetime champion of...
- Benjamin Franklin Bache
Benjamin Franklin Bache (1769–1798), editor of the Philadelphia newspaper the American Aurora, was one of those arrested under the Sedition Act of 1798. In...
- Berkeley Free Speech Movement
The Berkeley Free Speech Movement refers to a group of college students who in the 1960s challenged many University of California campus regulations limiting...
- Bernstein v. United States Department of States (District Court of California) (1997)
Bernstein v. United States Department of State (1997), in the District Court for the Northern District of California, is the leading case applying First...
- Bethel School District No. 403 v. Fraser (1986)
In Bethel School District No. 403 v. Fraser (1986), the Supreme Court said public school officials can prohibit student speech that is vulgar, lewd, or plainly...
- Beussink v. Woodland School District (E.D. Mo.) (1998)
In Beussink v. Woodland School District (1998), a federal judge said a school district could not discipline a high school student for maintaining a website...
- Bible Believers v. Wayne County (6th Cir.) (2015)
In Bible Believers v. Wayne County, the 6th Circuit ruled that county officials violated the First Amendment rights of a Christian group when they removed them...
- Bigelow v. Virginia (1975)
In Bigelow v. Virginia (1975), the Supreme Court established that at least some commercial advertising should receive First Amendment protection. The case...
- Bill Johnson's Restaurants, Inc. v. National Labor Relations Board (1983)
The Supreme Court in Bill Johnson’s Restaurants, Inc. v. National Labor Relations Board (1983) vacated an NLRB decision halting a libel suit. The ruling...
- Bill of Rights
A new nation established the Bill of Rights in 1791 to guard against an oppressive national government by establishing certain rights. The Bill of Rights...
Regulation of the location and content of billboards raises many First Amendment issues. To what extent can the government limit access to public billboards,...
- Bipartisan Campaign Reform Act of 2002 (2002)
The Bipartisan Campaign Reform Act (2002) added campaign contribution and spending rules in federal elections and set rules for electioneering communications....
- Birth Control
Birth control (contraception), is a practice, material, or device by which pregnancy from sexual intercourse can be prevented. Speaking and writing about birth...
- Black Lives Matter
Black Lives Matter is a protest movement to call attention to the treatment of African-Americans by police. A related issue is the militarization of police...
In the 1940s-'50s, a blacklist named people whose opinions or associations were deemed subversive. Many in the film industry were fired and could not find work...
- Blaine Amendments
Blaine amendments—19th century amendments to state constitutions—aimed to deny public funds for parochial schools. They amplified the First Amendment's...
Blasphemy laws punish people who express irreverence for religion and sacred things. Though still prominent in some theocratic regimes, laws against blasphemy...
Blogging implicates many First Amendment issues. These include whether bloggers are protected by shield laws, like journalists; anonymous defamatory messages;...
- Blood Transfusions and Medical Care against Religious Beliefs
First Amendment free exercise of religion is in question when blood transfusions and medical care are refused owing to religious beliefs; e.g., by Jehovah's...
- Blount v. Rizzi (1971)
In Blount v. Rizzi (1971), the Supreme Court nullified provisions allowing the postmaster general to refuse to mail obscene matter. The ruling said the First...
- Blue Sky Laws
Blue sky laws refers to each state’s set of securities laws and regulations. The Supreme Court said in Ohralik v. Ohio State Bar Association (1978) that...
- Board of Airport Commissioners of the City of Los Angeles v. Jews for Jesus, Inc. (1987)
The Supreme Court in Board of Airport Commissioners of the City of Los Angeles v. Jews for Jesus, Inc. (1987) invalidated an airport board resolution declaring...
- Board of County Commissioners v. Umbehr (1996)
In Board of County Commissioners v. Umbehr (1996), the Supreme Court ruled that ending a trash hauler’s county contract because of his frequent criticism of...
- Board of Directors of Rotary International v. Rotary Club of Duarte (1987)
In Board of Directors of Rotary International v. Rotary Club of Duarte (1987), the Supreme Court said Rotary had no First Amendment right to exclude women. The...
- Board of Education of Kiryas Joel Village School District v. Grumet (1994)
In Board of Education of Kiryas Joel Village School District v. Grumet (1994), the Supreme Court said a public school district created for disabled children of...
- Board of Education of Oklahoma City v. National Gay Task Force (1985)
In Board of Education of Oklahoma City v. National Gay Task Force (1985), the Supreme Court affirmed a 10th Circuit ruling striking down a law punishing...
- Board of Education of the City of Cincinnati v. Minor (1872 )
In Board of Education of the City of Cincinnati v. Minor (1872), the Ohio Supreme Court upheld a school-board decision prohibiting Bible instruction in public...
- Board of Education of the Westside Community Schools v. Mergens (1990)
The Supreme Court in Board of Education of the Westside Community Schools v. Mergens (1990) said the Equal Access Act was constitutional. The law barred schools...
- Board of Education v. Allen (1968)
The Supreme Court in Board of Education v. Allen (1968) upheld a New York law allowing loans of secular textbooks to all schoolchildren, including in parochial...
- Board of Education, Island Trees Union Free School District v. Pico (1982)
Public school officials can't remove library books because they disagree with their ideas, the Supreme Court held in Board of Education, Island Trees Union Free...
- Board of Regents of the University of Wisconsin System v. Southworth (2000)
In Board of Regents of the University of Wisconsin System v. Southworth (2000), the Supreme Court said a public university may charge students an activity fee...
- Board of Trustees of Scarsdale v. McCreary (1985)
In Board of Trustees of Scarsdale v. McCreary (1985), the Court affirmed a 2nd Circuit decision that a Christmas display on public property did not violate the...
- Board of Trustees of State University of New York v. Fox (1989)
In Board of Trustees of State University of New York v. Fox (1989), the Supreme Court said a ban on private commerce in state university facilities was “‘...
- Bob Jones University v. United States (1983)
The Supreme Court held in Bob Jones University v. United States (1983) that the IRS may deny tax-exempt status to institutions that violate federal racial...
- Bobbs-Merrill Co. v. Straus (1908)
In Bobbs-Merrill Co. v. Straus (1908), the Supreme Court said an author could not control the price of subsequent sales of a book. The Court also examined the...
- Bolger v. Youngs Drug Products Corp. (1983)
In Bolger v. Youngs Drug Products Corp. (1983), the Supreme Court declared unconstitutional a rule against mailing unsolicited contraceptive ads. The Court...
- Bond v. Floyd (1966)
The Supreme Court held in Bond v. Floyd (1966) that legislators do not forfeit their constitutional rights to speak out on public issues. The Court reaffirmed...
- Book Banning
Book banning, a form of censorship, occurs when books are pulled from libraries, school reading lists, or bookstores because someone objects to their content....
- Boos v. Barry (1988)
In Boos v. Barry (1988), the Supreme Court ruled that a District of Columbia law violated the First Amendment by banning the display of signs criticizing a...
- Borgner v. Florida Board of Dentistry (2002)
In Borgner v. Florida Board of Dentistry (2002), the Supreme Court declined to review a federal appeals court ruling upholding a Florida law requiring dentists...
- Borough of Duryea v. Guarnieri (2011)
The U.S. Supreme Court decision in Borough of Duryea v. Guarnieri (2011), addressed the issue of speech and petition by public employees under the First...
- Bose Corp. v. Consumers Union of United States, Inc. (1984)
In Bose Corp. v. Consumers Union of United States, Inc. (1984), the Supreme Court ruled that federal appeals courts hearing defamation or libel cases must...
- Bowen v. Kendrick (1988)
In Bowen v. Kendrick (1988), the Supreme Court ruled that the Adolescent Family Life Act, involving religious organizations and pregnancy services, does not...
- Bowen v. Roy (1986)
In Bowen v. Roy (1986), the Supreme Court ruled that the federal government did not violate the free-exercise clause of the First Amendment by assigning a...
- Boy Scouts of America v. Dale (2000)
In Boy Scouts of America v. Dale (2000), the Supreme Court ruled that the Scouts had the expressive association right to revoke the membership of a gay...
Through boycotts, groups agree and often attempt to persuade others to refuse to patronize certain businesses. Courts have recognized boycotts as having First...
- Boyle v. Landry (1971)
In Boyle v. Landry (1971), the Supreme Court reversed injunctions against enforcement of Illinois statutes and Chicago ordinances prohibiting intimidation,...
- Braden v. United States (1961)
In Braden v. United States (1961), the Supreme Court upheld the conviction of a man who refused to answer questions before the House Un-American Activities...
- Bradfield v. Roberts (1899)
In Bradfield v. Roberts (1899), the first case challenging a federal expense as an establishment-clause violation, the Supreme Court said funding a Catholic...
- Brandenburg v. Ohio (1969)
In Brandenburg v. Ohio (1969), the Supreme Court established that speech advocating illegal conduct is protected under the First Amendment unless the speech is...
- Branti v. Finkel (1980)
In Branti v. Finkel (1980), the Court ruled that the First and 14th Amendments protect government workers from dismissal based solely on their political beliefs...
- Branzburg v. Hayes (1972)
In Branzburg v. Hayes (1972), the Supreme Court ruled that press freedom did not create a constitutional privilege protecting reporters from having to testify...
- Braunfeld v. Brown (1961)
In Braunfeld v. Brown (1961), the Supreme Court ruled that a Pennsylvania state law that required certain types of retail businesses to close on Sunday did not...
- Bray v. Alexandria Women's Health Clinic (1993)
In Bray v. Alexandria Women’s Health Clinic (1993), the Supreme Court ruled that abortion protesters’ actions did not constitute a conspiracy against a...
- Breach of the Peace Laws
Breach-of-the-peace laws typically cover conduct that is disorderly and disturbs the peace of a community. Most states have such laws criminalizing certain...
- Breard v. Alexandria (1951)
The Supreme Court, in Breard v. Alexandria (1951), upheld a local ordinance prohibiting unsolicited door-to-door sales, ruling that it did not violate the First...
- Bridges v. California (1941)
The Supreme Court in Bridges v. California (1941) used First and 14th Amendment guarantees of speech and press freedom to overturn contempt convictions against...
- Bridges v. Wixon (1945)
In Bridges v. Wixon (1945), the Supreme Court reversed a 9th Circuit ruling denying a writ to Harry Bridges. The Court ruled that the U.S. could not deport...
- Broadcast Decency Enforcement Act of 2005 (2005)
The Broadcast Decency Enforcement Act of 2005 increased fines against broadcasters tenfold for violating obscenity and indecency standards. The law was designed...
- Broadrick v. Oklahoma (1973)
In Broadrick v. Oklahoma (1973), the Supreme Court held that states can limit their employees’ partisan political activities without violating their First...
- Brockett v. Spokane Arcades, Inc. (1985)
One of several “obscenity” cases decided by the Supreme Court after Miller v. California (1973), Brockett v. Spokane Arcades, Inc. (1985) provides a First...
- Brotherhood of Railroad Trainmen v. Virginia ex rel. Virginia State Bar (1964)
In Brotherhood of Railroad Trainmen v. Virginia ex rel. Virginia State Bar (1964), the Supreme Court said preventing union members from recommending legal...
- Brown v. Entertainment Merchants Association (2011)
In Brown v. Entertainment Merchants Association (2011), the Supreme Court ruled a California law prohibiting sale or rental of violent video games to minors...
- Brown v. Glines (1980)
The Supreme Court in Brown v. Glines (1980) said those serving in the military have the right to petition Congress via single-signature letters but may not...
- Brown v. Hartlage (1982)
In Brown v. Hartlage (1982), the Supreme Court struck down a Kentucky court’s decision invalidating the election of a county commissioner under a state...
- Brown v. Louisiana (1966)
In Brown v. Louisiana (1966), the Supreme Court ruled that a silent, peaceful sit-in demonstration protesting segregation in a public library was protected...
- Brown v. Socialist Workers Campaign Committee (1982)
In Brown v. Socialist Workers ’74 Campaign Committee (1982), the Supreme Court said First Amendment right of association prohibits states from forcing minor...
- Bruce Sanford
- Buckley v. American Constitutional Law Foundation (1999)
In Buckley v. American Constitutional Law Foundation (1999), the Supreme Court struck down Colorado’s requirements that people circulating ballot petitions be...
- Buckley v. Valeo (1976)
In the landmark Buckley v. Valeo (1976), the Supreme Court said limits on campaign contributions did not violate the First Amendment freedom of expression but...
- Buerhle v. City of Key West (11th Cir.) (2015)
In Buerhle v. City of Key West, the 11th Circuit said the city couldn't ban new tattoo parlors in its historic district without running afoul of the First...
- Building Service Employees International Union v. Gazzam (1950)
In Building Service Employees International Union v. Gazzam (1950), the Supreme Court upheld an injunction by the Washington Supreme Court against picketers...
- Bumper Stickers
Bumper stickers remain a ready outlet for citizens to express themselves on a variety of topics. Several courts have invalidated convictions based on the...
- Burdick v. Takushi (1992)
In Burdick v. Takushi (1992), the Supreme Court upheld Hawaii’s ban on write-in voting, deciding the state had important regulatory interests for the ban. The...
- Burns v. United States (1927)
In Burns v. United States (1927) — a companion case with Fiske v. Kansas and Whitney v. California — the Supreme Court followed the latter in upholding the...
- Burnside v. Byars (5th Cir.) (1966)
In Burnside v. Byars (5th Cir. 1966), a federal appeals court protected students’ First Amendment rights on school grounds. The decision served as a key...
- Burson v. Freeman (1992)
The Supreme Court in Burson v. Freeman (1992) upheld a Tennessee law that provided for a 100-foot “campaign free zone” around the entrance to polling places...
- Burstyn v. Wilson (1952)
In Burstyn v. Wilson (1952), the Supreme Court said a New York law allowing a film to be banned on the basis of its being sacrilegious violated the First...
- Burwell v. Hobby Lobby Stores, Inc. (2014)
In Burwell v. Hobby Lobby Stores, Inc. (2014), the Supreme Court decided that the Religious Freedom Restoration Act did not allow the government to require...
- Butler v. Michigan (1957)
The Supreme Court in Butler v. Michigan (1957) unanimously held that a Michigan law against obscene materials curtailed press freedom. The law violated 14th...
- Butterworth v. Smith (1990)
In Butterworth v. Smith (1990), the Supreme Court ruled that states may not prohibit grand jury witnesses from disclosing their testimony after the grand jury...
- Byrne v. Karalexis (1969, 1971)
In Byrne v. Karalexis (1969), the Supreme Court stayed a temporary injunction that a federal district court had issued against further prosecutions of theater...
- Byron White
Byron Raymond White (1917–2002) served as an associate justice on the Supreme Court from 1962 to 1993. His First Amendment-related opinions tended to give...
TV coverage of Congress was limited for decades until a rule change allowed congressional committee to set their own rules for television coverage. Founded in...
- C. Edwin Baker
C. Edwin Baker (1947-2009) was a leading First Amendment scholar who wrote Human Liberty and Freedom of Speech. In it, he describes the liberty theory: that the...
- Cable Communications Policy Act of 1984 (1984)
The Federal Communications Commission gained jurisdiction to regulate cable in 1984 with the passage of the Cable Communications Policy Act. The act later...
- Cable Television Consumer Protection and Competition Act of 1992 (1992)
The Cable Television Consumer Protection and Competition Act of 1992 act recognized that cable had become the primary delivery system for broadcast programming...
- Cafeteria Employees Union v. Angelos (1943)
The Supreme Court in 1943 upheld the rights of picketers who picketed outside of two cafeterias in New York saying the owners were unfair to organized labor....
- Cain v. Kentucky (1970)
The Supreme Court in 1970 reversed a Kentucky appeals court ruling that had declared the erotic film I, A Woman obscene. The court issued a per curiam decision...
- California Assembly Bill 1570
A bookseller sued California over a law cracking down on authentication of autographed collectibles, saying it violated the First Amendment by limiting the...
- California Democratic Party v. Jones (2000)
- California Motor Transport Co. v. Trucking Unlimited (1972)
The First Amendment right of petition does not necessarily protect companies from anti-trust laws when they work together to prevent others from access to...
- California v. LaRue (1972)
The Supreme Court ruled in 1972 that a facial challenge to a California law regulating sexual live entertainment in places that sell alcohol does not violate...
- Cameras in the Courtroom
Allowing cameras in courtrooms has stirred controversy and led to Supreme Court decisions in First Amendment cases. Opponents say cameras distract participants...
- Cameron v. Johnson (1965, 1968)
In considering a Mississippi anti-picketing statute during Civil Rights era, the Supreme Court remanded a request for injunctive relief against the law back to...
- Cammarano v. United States (1959)
The Supreme Court rejected arguments in Cammarano v. United States that the denial of tax deductions to businesses trying to defeat legislation was a violation...
- Campbell v. Acuff-Rose Music, Inc. (1994)
The Supreme Court in 1994 protected the 2 Live Crew's parody on Roy Orbison's 'Oh, Pretty Woman' from copyright infringement, ruling that the parody created a "...
- Campus Speech Codes
Federal courts having ruled that college campus speech codes violate students’ First Amendment rights. But arguments that colleges have a legitimate interest...
- Canady v. Bozzier Parish School Board (5th Cir.) (2001)
Can schools require students to wear a school uniform? Does it violate students' First Amendment speech rights? The Fifth U.S. Circuit Court of Appeals ruled in...
- Cantrell v. Forest City Publishing Co. (1974)
The Silver Bridge collapse in 1967 killed 46 people. A writer from the Cleveland Plain Dealer wrote a story of one of the victim's surviving family, implying...
- Cantwell v. Connecticut (1940)
A 1940 Supreme Court landmark decision in Cantwell v. Connecticut affirmed the religious freedom rights of a Jehovah's Witness man to go door-to-door, despite...
- Capitol Honors for the Dead
Some questioned whether the decision to allow preacher Billy Graham's body to lie in state at the U.S. Capitol was a violation of the religious establishment...
- Capitol Square Review and Advisory Board v. Pinette (1995)
The Supreme Court in 1995 ruled in favor of the Ku Klux Klan who wanted to place a cross on Ohio's state Capitol Square during Christmas in Capitol Square...
- Captive Audience
The captive audience doctrine protects people in certain places and circumstances from unwanted speech. It is an exception to the First Amendment rule and has...
- Carey v. Brown (1980)
The Supreme Court struck down an Illinois law against all residential picketing except peaceful picketing in front of homes that doubled as places of employment...
- Carey v. Population Services International (1977)
A New York law that made it illegal to advertise or display contraceptives was struck down by the Supreme Court in the 1977 case Carey v. Population Services...
- Carey, Warden v. Musladin (2006)
The Supreme Court overturned a ruling that had thrown out a murder conviction because members of the victim's family had worn picture buttons of their dead...
- Carlson v. California (1940)
The Supreme Court in 1940 struck down a California anti-picketing statute, concluding that barring peaceful picketing was a threat to free speech. Carlson v....
- Carlson v. Landon (1952)
The arrest and detention of alien residents under the Internal Security Act of 1950, also known as the McCarran Act, led to a challenge that made it to the...
- Carolene Products Footnote Four
Justice Harlan Fiske Stone in a case upholding a federal law regulating "filled" milk inserted a footnote that marked a Supreme Court shift in giving more...
- Carpenters and Joiners Union of America, Local No. 213 v. Ritter's Cafe (1942)
The Supreme Court decided in a 1942 case that it was permissible for the state of Texas to bar a labor union's picketing against a restaurant that, as a...
- Carroll v. President and Commissioners of Princess Anne (1968)
The Supreme Court struck down an injunction that was meant to stop a white supremacist group from rallying in Maryland in the 1968 case, Carroll v. President...
- Catharine MacKinnon
Feminist legal scholar Catharine MacKinnon helped draft an Indianapolis anti-pornography ordinance that was overturned by the courts on free speech grounds....
- Cato's Letters
The First Amendment drew language from Cato's Letters, which endorsed free speech and said that people must be able to "petition for redress" their government....
- CBS, Inc. v. Federal Communications Commission (1981)
The Supreme Court in 1981 upheld an FCC requirement that broadcasters air political ads of federal candidates after CBS, NBC rejected a Jimmy Carter segment....
An overview of censorship in America and protections offered by the First Amendment, including key Supreme Court cases. Censorship occurs when individuals or...
- Central Hudson Gas and Electric Corp. v. Public Service Commission (1980)
The Supreme Court in 1980 clarified First Amendment protection of commercial speech, outlining a test to determine when it could be regulated by government. The...
- Central Hudson Test
The Supreme Court in 1980 developed the Central Hudson test for determining when government could limit commercial speech without violating the First Amendment...
- Chamberlin v. Public Instruction Board (1964 )
The Supreme Court in 1964 reversed a Florida Supreme Court decision that had upheld devotional Bible readings and prayers in the public schools. In Chamberlin v...
- Chandler v. Florida (1981)
The Supreme Court ruled in 1981 that the Constitution does not prevent states from allowing broadcast coverage of criminal trials. The case of Chandler v....
- Chandler v. McMinnville School District (9th Cir.) (1992)
The 9th Circuit Court in 1992 decided that restrictions on student speech should be evaluated in one of three categories to determine constitutionality. The...
Government-funded chaplain programs are one area in which religious rights of prisoners and military personnel may outweigh establishment clause violations. The...
- Chaplinsky v. New Hampshire (1942)
The Supreme Court in 1942 established that fighting words are a type of speech not protected by the First Amendment, in Chaplinsky v. New Hampshire. The case...
- Charitable Solicitation
Laws aimed at curbing solicitation by charities that spent most of their money on fundraising and administration were overturned on First Amendment grounds....
- Charles Hughes
Charles Hughes (1862–1948) supported relatively broad First Amendment protections while on the Supreme Court and helped preserve judicial independence. He...
- Charter Schools
Because the government funds charter schools, are they subject to the same First Amendment restrictions as public schools on prayer and Bible readings? Two...
- Chicago Seven Trial
The widely publicized Chicago Seven Trial of 1969 ended in the conviction of five anti-war demonstrators on federal charges of intent to incite a riot. Many...
- Chicago Teachers Union v. Hudson (1986)
The Supreme Court ruled in 1986 that the Chicago Teachers Union's dues collection procedures were insufficient to protect freedom of association rights. The...
- Child Benefit Theory
Direct government aid to religious schools has been found to violate the First Amendment, but under the child benefit theory, government can aid the students....
- Child Custody
A judge's order in a child custody case could implicate the First Amendment, particularly when the judge forbids a parent from certain statements. It is...
- Child Online Protection Act of 1998 (1998)
A 1998 law devised to prevent minors from accessing obscene material on the Internet was found to be too broad in limiting free speech rights and struck down....
- Child Pornography
The Supreme Court has ruled some laws outlawing child pornography and children’s access to obscene materials were too broad, infringed upon free speech rights...
- Child Pornography Prevention Act of 1996 (1996)
The Supreme Court overturned the Child Pornography and Prevention Act in Ashcroft v. Free Speech Coalition (2002) ruling it was too broad and unconstitutional....
- Child Protection and Obscenity Enforcement Act of 1988 (1988)
The purpose of the Child Protection and Obscenity Enforcement Act of 1988 was to criminalize the transmission of depictions of child pornography via computers....
- Child Protection Restoration and Penalties Enhancement Act of 1990 (1990)
A 1990 law increased criminal penalties to knowingly produce, transport, distribute or receive depictions of children engaged in sexually explicit conduct....
- Children's Internet Protection Act of 2000
The Supreme Court upheld the Children’s Internet Protection Act which requires schools and libraries to block children’s access to pornography or lose...
- Chilling Effect
Chilling effect is the concept of deterring First Amendment free speech and association rights through laws or regulations that appear to target expression. The...
- Christian Amendment
35,000 signatures were presented to Congress in 1876 to add a Christian Amendment to the Constitution to acknowledge the rulership of Jesus Christ. The effort...
- Christian Legal Society
The Christian Legal Society maintains the Center for Law and Religious Freedom in Washington D.C., which has filed numerous briefs in First Amendment cases...
- Christian Legal Society v. Martinez (2010)
In a 5-4 decision, the Supreme Court in 2010 upheld a University of California’s decision to not allow a Christian Legal Society chapter to receive benefits....
- Christian Scientists
A First Amendment case considering religious freedom for Christian Scientists in not seeking medical care for children has not reached the Supreme Court. But...
- Church of Jesus Christ of Latter-Day Saints
The Mormon church has helped shape the government-religion relationship through interpretation of the First Amendment’s establishment and free exercise...
- Church of the Holy Trinity v. United States (1892)
Supreme Court Justice David Brewer called the United States a "Christian nation" in an 1892 opinion favoring a church who had violated a law on foreign labor....
- Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
The Supreme Court in 1993 upheld the right of Santerians to practice animal sacrifice as a religious ritual despite a new city ordinance that banned it. In...
- Citizen Publishing Co. v. United States (1969)
The Supreme Court in 1969 affirmed that two Tucson newspapers run under a joint operating agreement were not exempt from antitrust laws by the First Amendment....
- Citizens Against Rent Control v. Berkeley (1981)
The Supreme Court concluded no compelling interest exists for restricting speech and association rights of people donating to defeat or pass a ballot measure....
- Citizens for Decent Literature
Citizens for Decent Literature worked to stop the sale of obscene materials and filed amicus curiae briefs in 27 anti-pornography Supreme Court cases. Charles...
- Citizens United v. Federal Election Commission (2010)
In a landmark 2010 decision, a sharply divided Supreme Court invalidated a campaign regulation that banned corporate and union spending in political elections....
- City Council of Los Angeles v. Taxpayers for Vincent (1984)
A city ordinance banning signs, including campaign signs, on utility poles and other structures on public property was upheld by the Supreme Court in 1984. The...
- City of Boerne v. Flores (1997)
In overturning a religious freedom law, the Supreme Court said Congress does not have unlimited power to enact laws to expand First Amendment rights. City of...
- City of Chicago v. Morales (1999)
The Supreme Court in 1999 invalidated a Chicago gang loitering ordinance, saying it was too vague about what constituted illegal conduct. The ruling in City of...
- City of Cincinnati v. Discovery Network (1993)
The Supreme Court in 1993 held that Cincinnati’s restrictions on the distribution of commercial flyers in news racks violated the First Amendment. City of...
- City of Dallas v. Stanglin (1989)
The Supreme Court determined that a Dallas ordinance limiting teen dance halls to those age14 to 18 did not infringe upon minors' rights of association. The...
- City of Edmond v. Robinson (1996)
The 10th Circuit Court of Appeals ruled that Edmond, Oklahoma’s city seal violated the First Amendment establishment clause because it had a Christian cross....
- City of Erie v. Pap's A.M. (2000)
The Supreme Court used the secondary effects test to uphold a public nudity ban, noting the city’s aim to reduce negative impacts on public health and safety...
- City of Houston v. Hill (1987)
The Supreme Court in 1987 found that a Houston ordinance prohibiting verbal abuse of police officers to be overbroad and a criminalization of protected speech....
- City of Ladue v. Gilleo (1994)
The Supreme Court in 1994 ruled that city officials in a St. Louis suburb could not prohibit homeowners from displaying political signs on their property. In...
- City of Lakewood v. Plain Dealer Publishing Co. (1988)
The Supreme Court in 1988 invalidated an Ohio city news rack licensing scheme that gave the mayor complete discretion on who received licenses. In City of...
- City of Littleton v. Z.J. Gifts D-4, L.L.C. (2004)
The Supreme Court in 2004 upheld a Colorado adult business licensing system against an adult bookstore that claimed the scheme was unconstitutional on its face...
- City of Los Angeles v. Alameda Books (2002)
The Supreme Court in 2002 ruled that Los Angeles could rely on a study showing the crime impact of adult businesses to justify law prohibiting them in one area...
- City of Los Angeles v. Preferred Communications (1986)
The Supreme Court in 1986 dismissed as improper Los Angeles’ refusal to consider a First Amendment claim when it denied a cable company access to its poles....
- City of Madison v. Wisconsin Employment Relations Commission (1976)
The Supreme Court in 1976 ruled that government cannot open a public forum for direct citizen involvement and exclude some citizens from speaking. In City of...
- City of Newport v. Iacobucci (1986)
In a Kentucky case, the Supreme Court affirmed that local governments can regulate alcohol and ban establishments that serve it from having nude dancing. The...
- City of Renton v. Playtime Theatres, Inc. (1986)
The Supreme Court held in 1986 that zoning laws aimed at undesirable secondary effects of sexually oriented businesses may not violate the First Amendment. The...
- City of San Diego v. Roe (2005)
The Supreme Court in 2005 refined its “public concern” test when determining whether a government employee could be fired for their speech or expression. In...
- Civil Religion
Scholars classify the identity between nationalism and religion under the concept of civil religion, which generate collective “effervescence" about a society...
- Civil Rights Movement
The expressive actions and protests during the Civil Rights era led to considerable growth in First Amendment precedent. The Court established the right of...
- Civil War, U.S.
Abraham Lincoln and his administration restricted constitutional liberties during the Civil War, including freedom of speech and freedom of the press. Union...
- Clapper v. Amnesty International (2013)
The Supreme Court rejected a First and Fourteenth Amendment challenge to the Foreign Intelligence Surveillance Act, saying the petitioners lacked standing. In...
- Clarence Darrow
Clarence Darrow (1857–1938) is one of America’s most famous defense attorneys who sought to protect free speech rights. Best known for his role in the...
- Clarence Thomas
Justice Clarence Thomas, on the Supreme Court since 1991, has at times surprised observers with his bold, independent vision on First Amendment issues. He has...
- Clark v. Community for Creative Non-Violence (1984)
The Supreme Court in 1984 agreed that camping in tents across from the White House to highlight homelessness was symbolic speech, but upheld National Park...
- Classified Documents
The Supreme Court in 1971 ruled that the government cannot restrain in advance the press from publishing classified documents under the First Amendment. Recent...
- Clay Calvert
Clay Calvert is a First Amendment scholar who is director of the Marion B. Brechner First Amendment Project at the University of Florida. Calvert has authored...
- Clay v. United States (1971)
In Clay v. United States, the Supreme Court rejected a denial of conscientious objector status to Cassius Clay, a champion boxer who changed his name to...
- Clear and Present Danger Test
In 1919, the Supreme Court established the clear and present danger test as a standard for determining when seditious speech is protected by the First Amendment...
- Clergy, Bans on Holding Office by
In the late 18th and early 19th centuries, 13 states adopted constitutional provisions prohibiting clergy from holding public elected or appointed office. The...
- Cleveland v. United States (1946)
The Supreme Court in Cleveland v. United States (1946) upheld the convictions of a fundamentalist group of polygamous Mormons. Justice William Douglas,...
- Clingman v. Beaver (2005)
The Libertarian Party of Oklahoma wanted to invite anyone to vote in its primaries, and claimed a state law violated its First Amendment right to association....
- Coates v. City of Cincinnati (1971)
The Supreme Court in 1971 invalidated a Cincinnati ordinance making it a crime for three or more to gather on a public street and engage in “annoying conduct...
- Cochran v. Board of Education (1930)
The Supreme Court in 1930 adopted the child benefit theory to uphold a Louisiana law allowing the state to give textbooks to students in parochial schools....
- Coercion Test
The coercion test helps the Supreme Court determine whether government practices violate the First Amendment’s establishment clause. It is most often used in...
- Cohen v. California (1971)
In Cohen v. California (1971) the Supreme Court established that the government generally cannot criminalize the display of profane words in public places. The...
- Cohen v. Cowles Media Co. (1991)
The Supreme Court in 1991 declined to give First Amendment protection to the Minneapolis Star Tribune that was being sued for divulging a confidential source....
- Cohen v. San Bernardino Valley College (9th Cir.) (1996)
The 9th Circuit Court of Appeals in 1996 said a college could not use its sexual harassment policy to punish a teacher for his provocative teaching methods. The...
- Cole v. Oroville Union High School District (2000)
Two students were not allowed to present a speech and prayer at graduation because it could violate the First Amendment “establishment of religion” clause....
- Cole v. Richardson (1972)
A loyalty oath for Massachusetts state employees to uphold the state and U.S. constitutions and oppose their overthrow was upheld by the U.S. Supreme Court in...
- Colorado Republican Federal Campaign Committee v. Federal Election Commission (1996)
A federal election law that limited independent campaign expenditures runs afoul of the First Amendment, the Supreme Court ruled in 1996. The law was meant to...
- Columbia Broadcasting System v. Democratic National Committee (1973)
The fairness doctrine does not require a broadcaster to sell air time to anyone who can purchase it, the Supreme Court ruled in a 1973 case involving WTOP in...
- Comic Book Legal Defense Fund
The Comic Book Legal Defense Fund defends comic book and graphic novel writers who sometimes are prosecuted under obscenity regulations. Courts have often...
- Commercial Speech
Commercial speech is a form of protected communication under the First Amendment, but it does not receive as much free speech protection as forms of...
- Commission on Obscenity and Pornography
The Commission on Obscenity and Pornography issued a 1970 report that advised Congress to focus on restricting access to pornography by juveniles, instead of...
- Committee for Public Education and Religious Liberty v. Nyquist (1973 )
The Supreme Court in 1973 determined that a New York program providing school maintenance aid to parochial schools, and tuition and tax breaks for parents,...
- Committee for Public Education and Religious Liberty v. Regan (1980)
In a 5-4 decision, the Supreme Court in 1980 upheld a New York law allocating funds to private schools, including religious schools, for state-mandated tests,...
- Committee on Public Information
The Committee on Public Information served as the first large-scale propaganda agency of the U.S. government and was viewed by some as stifling dissent....
- Commonwealth v. Blanding (Mass.) (1825)
A state supreme court ruling in Massachusetts in 1825 upholding a libel conviction against a newspaper epitomized the understanding of some state judiciaries at...
- Commonwealth v. Clapp (Mass.) (1808)
Massachusetts's chief justice Theophilus Parsons explained libel and why it was a criminal offense in an 1808 case, Commonwealth v. Clapp. His opinion illumines...
- Commonwealth v. Cooke (Mass.) (1859)
A teacher's corporal punishment in 1859 of a Boston student who refused to read the King James version of the Bible was not improper, according to a judge in an...
- Commonwealth v. Kneeland (Mass.) (1838)
Abner Kneeland was the last man jailed for blasphemy in the United States after he published an article indicating he didn’t believe in God. He argued that...
- Commonwealth v. Lesher (Penn. S.C.) (1828)
In a case that offers insight into how early American courts viewed liberty of conscience, the Pennsylvania Supreme Court upheld a judge’s decision to remove...
- Commonwealth v. Sharpless (Pa) (1815)
An 1815 Pennsylvania case led to the first obscenity prosecution in the United States. Jesse Sharpless, who had been indicted for corrupting youth by showing...
- Communications Act of 1934 (1934)
The Communications Act of 1934 set out a framework for regulating television and radio. It established the Federal Communications Commission and required...
- Communications Decency Act of 1996 (1996)
Congress passed the Communications Decency Act in 1996 in an attempt to prevent minors from gaining access to sexually explicit materials on the Internet....
- Communist Control Act of 1954 (1954)
The Communist Control Act of 1954, which outlawed the Communist Party, provided a way for labor unions who the government determined had been infiltrated by...
- Communist Party of Indiana v. Whitcomb (1974)
An Indiana law requiring a loyalty oath from political party officials before allowing the party ballot access was overturned by the Supreme Court in 1974 in a...
- Communist Party of the United States
The development of First Amendment free speech and association rights in the United States owes much to the battle against Communism in America. Many cases have...
- Communist Party of the United States v. Subversive Activities Control Board (1961)
In a divided opinion, the Supreme Court in 1961 upheld a requirement that the Communist Party register with the federal government and share its membership list...
- Community Standards
In 1973, the Supreme Court said that community standards must be taken into account in determining whether something was obscene for purposes of prosecution or...
- Compelled Speech
The compelled speech doctrine sets out that the government cannot force an individual to support certain speech. Thus, the First Amendment not only limits the...
- Compelling State Interest
A government regulation that impairs First Amendment rights must meet a higher standard of need — defined as a "compelling government interest” — to be...
- Comstock Act of 1873 (1873)
The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral” or “indecent” publications through the mail or sell or...
- Confederate Flag
The Supreme Court has declined to find that the display of the Confederate flag infringes upon the rights of those who find it repugnant. But it has upheld the...
- Confederate Monuments
States, cities and public colleges have grappled with whether to keep or remove Confederate statues and monuments from public grounds. It is unlikely a free...
- Confidential Magazine
The 1950s-era Confidential magazine was the founder of tabloid, celebrity journalism in the United States. A California Senate Committee investigated its...
- Confidential Sources
Many state and federal courts recognize a reporters’ privilege to not reveal confidential sources, but each jurisdiction varies in the level of protection....
Over America’s history, the U.S. Supreme Court has ruled some laws passed by Congress are unconstitutional under the First Amendment. They have included laws...
- Congressional Investigations
One of the most notorious congressional investigations was the work of House Un-American Activities Committee investigated communist activity in the United...
- Connell v. Higginbotham (1971)
On First Amendment grounds, the Supreme Court struck down a Florida law in 1971 that required teachers to affirm a loyalty oath that they did not believe in the...
- Connick v. Myers (1983)
In a landmark case that narrowed the free speech rights of public employees, the Supreme Court ruled in Connick v. Myers in 1983 that an assistant district...
- Conscientious Objection to Military Service
The Supreme Court considered conscientious objector cases during the Vietnam War, weighing when freedom of religion under the First Amendment protects someone...
- Consolidated Edison Co. v. Public Service Commission (1980)
The Supreme Court ruled in Consolidated Edison Co. v. Public Service Commission in 1980 that the First Amendment protects a government-regulated utility’s...
- Conspiracy Laws
Because of ambiguities associated with the definition of conspiracy, concerns exist about conspiracy laws interfering with First Amendment rights by allowing...
- Constitution of the Confederate States of America
The Confederate States of America adopted a constitution in March 1861 which reasserted the principles of state rights. It included the same provisions as the...
- Constitutional Amending Process
Some lawmakers have proposed amendments that would change provisions in the First Amendment, such as the Blaine Amendment that would have prohibited public...
- Constitutional Convention of 1787
Delegates to the Constitutional Convention of 1787 in Philadelphia hammered out the U.S. Constitution. Despite discussion of certain rights, including freedom...
- Contempt of Court
Judges have used their power to hold in contempt of court people who have criticized their decisions. The Supreme Court in 1907 and 1918 upheld contempt...
- Content Based
A content-based law or regulation discriminates against speech based on the substance of what is communicated. In contrast, a content-neutral law applies...
- Content Neutral
In First Amendment free speech cases, laws that are content neutral apply to all expression without regard to any particular message or substance. Such laws...
- Continental Congress: Declaration and Resolves
The Declaration and Resolves of the First Continental Congress in 1774 foreshadowed the rights that would later be included in the First Amendment. For example...
- Continental Congress: Letter to the Inhabitants of the Province of Quebec
The letter to the inhabitants of Quebec, written by the Second Continental Congress, was meant to urge Canadians to join the colonists' cause against Great...
- Cooper v. Pate (1964)
The Supreme Court in Cooper v. Pate (1964) decided that the Bill of Rights applied inside prisons, and reinstated a claim of religious discrimination by an...
The Supreme Court has acknowledged the compatibility of copyright and free expression, but tension does exist as owners often seek to limit dissemination...
- Copyright Act of 1790 (1790)
The first federal copyright law was passed in the second session of the First Congress in 1790 and predated the ratification of the First Amendment...
- Copyright Act of 1976 (1976)
Harmonizing copyright law with free-expression principles, the Copyright Act of 1976 incorporated the concept of fair use for the first time in such a law...
- Cornelius v. NAACP Legal Defense and Educational Fund (1985)
Reasoning that the federal workplace is not a public forum, the Supreme Court upheld a law excluding political advocacy groups from an employee contribution...
- Corporate Speech
Corporate speech refers to the rights of corporations to advertise their products and to speak to matters of public concern, including by spending money in...
- Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos (1987)
A Supreme Court ruling in 1987 involving the Mormon church established that religious bodies can discriminate based on religion whereas secular organizations...
- Counterspeech Doctrine
The counterspeech doctrine, first articulated by Louis Brandeis in First Amendment jurisprudence in 1927, posits that the remedy for false speech is more speech...
- County of Allegheny v. American Civil Liberties Union (1989)
A splintered Supreme Court in 1989 held that a nativity creche display inside a county courthouse in Pittsburgh violated the First Amendment’s establishment...
- Courtroom, Free Speech Regulations of Attorneys
Whether judges can prohibit attorneys from wearing pins or symbols with a political message in a courtroom is an unsettled First Amendment issue highlighted...
- Cox Broadcasting Corp. v. Cohn (1975)
In an important case involving a free press, the Supreme Court in Cox Broadcasting v. Cohn absolved a journalist from criminal or civil charges for revealing...
- Cox v. Louisiana (1965)
In Cox v. Louisiana, the Supreme Court overturned a state law used to arrest civil rights marchers saying the law infringed upon freedoms of assembly and speech...
- Cox v. New Hampshire (1941)
The Supreme Court rejected arguments that a parade permit requirement gave too much discretion to local authorities and upheld convictions of a group of Jehovah...
- Craig v. Harney (1947)
- Craig v. Hecht (1923)
- Cramp v. Board of Public Instruction of Orange County (1961)
- Criminal Defamation
- Criminal Syndicalism Laws
- Critical Race Theory
- Cross Burning
- Cruz v. Beto (1972)
- Curtis Publishing Co. v. Butts (1967)
- Cutter v. Wilkinson (2005)
- Dan Paul
Dan Paul was an attorney best known in First Amendment circles for winning an important press-freedom and compelled-speech case. In Miami Herald Publishing Co....
- Daniel Ellsberg
Defense analyst Daniel Ellsberg was at the center of a landmark Supreme Court ruling that government efforts to halt publication of the Pentagon Papers...
- Daniel Fowle
Daniel Fowle (1715–1787), a printer, highlighted freedom of the press in the Colonial period before adoption of the First Amendment. He was arrested for...
- Dariano v. Morgan Hills Unified School District (9th Cir.) (2014)
In Dariano v. Morgan Hills Unified School District (2014), the 9th Circuit ruled that a public school did not violate the First Amendment when it required...
- Dartmouth College v. Woodward (1819)
In Dartmouth College v. Woodward (1819), the Supreme Court ruled that New Hampshire had violated the contract clause in installing a new board of trustees for...
- Davenport v. Washington Education Association (2007)
In Davenport v. Washington Education Association (2007), the Supreme Court upheld a Washington campaign-finance law. The law required public sector unions...
- David Cortman
David A. Cortman (1963- ) is a gifted appellate advocate who has argued several First Amendment cases before the U.S. Supreme Court. He serves as senior...
- David Rein
David Rein (1914–1979), a civil liberties lawyer, argued a number of cases before the Supreme Court, several of them dealing with First Amendment issues:...
- David Souter
Justice David Souter (1939- ), a jurist who served on the Supreme Court from 1990 until 2009, often showed sensitivity to First Amendment values. In most...
- Davis v. Beason (1890)
In Davis v. Beason (1890), the Supreme Court upheld an Idaho law directed at Mormons. The law withdrew the right to vote from individuals who refused to swear...
- Davis v. Federal Election Commission (2008)
In Davis v. Federal Election Commission (2008), the Supreme Court struck down the "Millionaire's Amendment" of the Bipartisan Campaign Reform Act. The provision...
- Davis v. Massachusetts (1897)
Davis v. Massachusetts (1897) was the Supreme Court’s first decision regarding the right to speak in city streets and parks. Justice Edward Douglass White...
- Dawson v. Delaware (1992)
The Supreme Court ruled in Dawson v. Delaware (1992) that the First Amendment imposes limits on introducing a criminal defendant’s group associations during...
- De Jonge v. Oregon (1937)
In De Jonge v. Oregon (1937), the Supreme Court ruled that state governments may not violate the constitutional right of peaceable assembly. The decision...
- De Scandalis Magnatum
Enacted in 13th century England, the series of laws known as De Scandalis Magnatum (libels upon peers) made it illegal knowingly to spread false rumors that...
- Dean v. Utica Community Schools (E.D. Mich.) (2004)
In Dean v. Utica Community Schools (2004), a federal district judge rejected censorship of a Michign high school’s student newspaper. Judge Tarnow ruled that...
- Debs v. United States (1919)
Justice Oliver Wendell Holmes Jr. authored the unanimous Supreme Court decision in Debs v. United States (1919), sustaining socialist leader Eugene V. Debs’s...
- Declaration of Independence
The Declaration of Independence, adopted by the Continental Congress on July 4, 1776, announced the United States’ independence from Britain. The Declaration...
- Deep Throat
Deep Throat (1972), a pornographic film, introduced mainstream society to pornography, made millions of dollars, and was banned as obscene in 23 states....
- DeGregory v. Attorney General of New Hampshire (1966)
In DeGregory v. Attorney General of New Hampshire (1966), the Supreme Court overturned a prison term for contempt that New Hampshire had imposed on Hugo...
- Delaware Strong Families v. Denn (2016)
The Supreme Court did not muster four justices to grant certiorari in the case of Delaware Strong Families v. Denn (2016). But Justice Clarence Thomas filed a...
- Deleting Online Predators Act
The proposed federal Deleting Online Predators Act would require public schools and libraries to block student access to “social networking websites,”...
- Democratic Party of United States v. Wisconsin ex rel. LaFollette (1981)
In Democratic Party of United States v. Wisconsin ex rel. LaFollette (1981), the Supreme Court ruled that state laws dictating how delegates vote at national...
- Dennis v. United States (1951)
In Dennis v. United States (1951), the Supreme Court applied the clear and present danger test to uphold the convictions of 11 U.S.-based communists for their...
- Denver Area Educational Telecommunications Consortium v. Federal Communications Commission (1996)
In Denver Area Educational Telecommunications Consortium v. Federal Communications Commission (1996), the Supreme Court ruled on elements of a 1992 act...
- Department of Homeland Security v. MacLean (2015)
In Department of Homeland Security v. MacLean (2015), the Supreme Court upheld a lower court ruling that TSA had erred in firing an air marshal for...
- Department of Justice v. Reporters Committee For Freedom of the Press (1989)
In DOJ v. Reporters Comm. for Free Press (1989), the Supreme Court rejected a request by a CBS News correspondent and the Reporters Committee for Freedom of the...
- Department of the Air Force v. Rose (1976)
In Department of Air Force v. Rose (1976), the Supreme Court interpreted the Freedom of Information Act to require disclosure of summaries of ethics hearings at...
- Detached Memoranda
President James Madison's “Detached Memoranda,” written after his presidency, reveals his increasing emphasis on separation of church and state, showing...
- Dietemann v. Time (1971)
In Dietemann v. Time (1971), the 9th Circuit ruled that First Amendment freedom of the press does not give reporters special license to violate individuals’...
- Digital Millennium Copyright Act of 1998 (1998)
The Digital Millennium Copyright Act of 1998 introduced prohibitions against circumventing technological measures that control access to or use of copyrighted...
- Digital Realty Trust, Inc. v. Somers (2018)
Whistleblower laws protect individuals who point out illegal or wasteful conduct in their workplaces from employer retaliation. The Supreme Court’s decision...
- Disaster Aid To and Through Religious Organizations
In January 2018, FEMA revised its rules to include churches and other houses of worship that provide community services among the entities that could receive...
The government mandates disclaimers to protect consumers, but they often present a First Amendment issue. Advertisers who resist disclaimers contend that forced...
- Disclosure Requirements
Individuals and organizations that act in a political forum — officeholders, candidates, donors, and groups promoting or opposing issues during elections —...
- Dixie Chicks
Through controversial political comments, the Dixie Chicks — a bluegrass music trio — became a symbol of U.S. political and cultural polarization and the...
- Doe v. Gonzales (2005)
In Doe v. Gonzales (2005), Justice Ginsburg denied a request by a member of the American Library Association (called John Doe) to overturn a 2nd Circuit order...
- Dombrowski v. Pfister (1965)
In Dombrowski v. Pfister (1965), the Supreme Court decided that a court may enjoin enforcement of a statute that is so overbroad in its prohibition of...
- Donald Trump
President Donald J. Trump has attacked the credibility of establishment news media, decrying some news reports as "fake news." Trump has also championed First...
- Donaldson v. Read Magazine (1948)
In Donaldson v. Read Magazine (1948), the Supreme Court ruled that the First Amendment does not protect ordinary crime — that the postmaster general may deny...
- Door-to-Door Solicitation
Door-to-door solicitation by political parties, candidates, religious groups, charities, and businesses can lead to clashes between First Amendment free...
- Doran v. Salem Inn (1975)
In Doran v. Salem Inn (1975), the Supreme Court considered a First Amendment challenge to an ordinance banning topless dancing in nightclubs. The ruling touched...
- Doremus v. Board of Education (1952)
In Doremus v. Board of Education (1952), the Supreme Court denied a declaratory judgment sought by New Jersey residents challenging the daily reading, without...
- Dot Kids Implementation and Efficiency Act of 2002 (2002)
The Dot Kids Implementation and Efficiency Act of 2002 attempts to protect minors from inappropriate internet material by creating a “safe haven” website....
- Douglas Laycock
Douglas Laycock (1948 - ) is one of the nation’s foremost religious-liberty experts and a law professor at the University of Virginia. He is known for...
- Douglas v. City of Jeannette (1943)
In Douglas v. City of Jeannette (1943), the Supreme Court focused on the jurisdiction of federal courts in First Amendment cases. The Court said federal courts...
- Draft Card Mutilation Act of 1965
Draft-card burning became an iconic form of protest during the Vietnam War. After Congress adopted the Draft Card Mutilation Act of 1965 to promote the...
- Dress Codes
Dress codes are typically set by school districts and employers to promote learning, safety, and image. Though dress codes face First Amendment challenges by...
- Dun and Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)
In Dun and Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985), the Supreme Court said nonmedia distributors of information do not enjoy First Amendment...
- E. Barrett Prettyman Jr.
E. Barrett Prettyman Jr. (1925–2016), a Washington, D.C., attorney, argued 19 cases before the Supreme Court. At least four involved First Amendment issues....
- Eagle Forum
The Eagle Forum is a conservative women’s group founded in 1972 by Phyllis Schlafly. The organization’s stance on First Amendment issues depends on how they...
- Earl Warren
As 14th chief justice of the United States, Earl Warren presided over the Supreme Court from 1953-1969; his Court was known for rulings backing civil rights....
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. (1961)
The Supreme Court ruled in a case about the First Amendment right of petition in Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. (1961). The...
Ecstasy (1933), a Czech film by Gustav Machatý starring Hedy Lamarr, was the first film blocked by the U.S. Customs Service from entering the U.S. Later court...
- Edenfield v. Fane (1993)
In Edenfield v. Fane (1993), the Supreme Court said direct, personal, uninvited solicitation of clients was within the First Amendment rights of certified...
- Edward De Grazia
Edward De Grazia (1927-2013) was a lawyer who specialized in defending creators of expressive works from obscenity and related charges. He represented novelist...
- Edward Murrow
Edward R. Murrow (1908–1965) is credited with being one of the creators of American broadcast journalism. His 1954 confrontation with Sen. Joseph McCarthy...
- Edwards v. Aguillard (1987)
In Edwards v. Aguillard (1987), the Supreme Court said a Louisiana law mandating “creation science” alongside evolution teaching in public school violated...
- Edwards v. South Carolina (1963)
In Edwards v. South Carolina (1963), the Supreme Court said South Carolina violated students’ First Amendment rights of assembly, speech, and petition when...
- El Vocero de Puerto Rico v. Puerto Rico (1993)
The Supreme Court affirmed in El Vocero de Puerto Rico v. Puerto Rico (1993) that the ruling in Press-Enterprise Co. v. Superior Court of California (1986)...
- Elane Photography v. Willock (2013)
- Eldred v. Ashcroft (2003)
In Eldred v. Ashcroft (2003), the Supreme Court denied a First Amendment challenge to the Copyright Term Extension Act of 1998 (CTEA). The challenge was made on...
Electioneering involves actively advocating for or opposing a political candidate or party in an election. It ranges from canvassing to advertising on...
- Electronic Frontier Foundation
The Electronic Frontier Foundation was founded in 1990 as a civil-liberties group advocating for First Amendment rights in digital and other new technologies....
- Electronic Privacy Information Center
The Electronic Privacy Information Center advocates for freedom of speech and privacy, particularly in new media. Formed in 1994, EPIC’s main First Amendment...
- Elena Kagan
Elena Kagan (1960- ) is an associate justice of the Supreme Court known for her deep knowledge of First Amendment issues, as both jurist and legal scholar. She...
- Elfbrandt v. Russell (1966)
In Elfbrandt v. Russell (1966), the Supreme Court said an Arizona statute requiring state employees to sign a loyalty oath infringed on First Amendment freedom...
- Elijah Lovejoy
Newspaper editor Elijah Lovejoy, killed in 1837 by a mob incensed by his anti-slavery views, is a martyr in the causes of abolitionism and First Amendment free...
- Elisha Williams
Elisha Williams is best known as the author of a pamphlet, The Essential Rights and Liberties of Protestants: A Reasonable Plea for the Liberty of Conscience...
- Elk Grove Unified School District v. Newdow (2004)
In 2004 the Supreme Court, by holding that Michael Newdow lacked legal standing to litigate for his daughter, avoided addressing whether the words “under God...
- Ellis v. Brotherhood of Railway, Airline and Steamship Clerks (1984)
In Ellis v. Brotherhood of Railway, Airline and Steamship Clerks (1984), the Supreme Court said a rebate scheme for dissenting nonunion members who objected to...
- Elmbrook School District v. Doe (2014)
In 2014 the Supreme Court refused to hear Elmbrook School District v. Doe, a case in which the 7th Circuit found that a Milwaukee-area school violated the First...
- Elonis v. United States (2015)
In Elonis v. United States, the Supreme Court reversed a trial-court conviction, upheld by the 3rd Circuit, of a man convicted of making threats via Facebook...
- Elrod v. Burns (1976)
In Elrod v. Burns (1976), the Supreme Court said a sheriff violated the First Amendment when he conditioned the retention of a government job upon membership...
- Emma Goldman
Emma Goldman (1869–1940), a Russian-born anarchist, socialist and feminist, was a thorn in the side of American society in the early 20th century. She...
- Employment Division, Department of Human Resources of Oregon v. Smith (1990)
In Employment Division, Department of Human Resources of Oregon v. Smith (1990), the Supreme Court greatly changed First Amendment religious free-exercise law....
Encryption is the process of protecting information by rendering it unreadable by anyone without the specific knowledge needed to decipher it. Wide-scale...
- Endorsement Test
Courts use the endorsement test to determine whether the government impermissibly endorses or disapproves of religion in violation of the establishment clause...
- Engel v. Vitale (1962 )
In Engel v. Vitale (1962), the Supreme Court ruled that school-sponsored prayer in public schools violated the establishment clause of the First Amendment. The...
- English Bill of Rights
The English Bill of Rights, mainly the work of the English Parliament, is associated with “The Glorious Revolution” in 1688. The document, known as the...
- English-Only Laws
Many Americans say the ability to speak and/or read English should be a requirement of U.S. citizenship. Some state ballot initiatives have promoted this ideal...
- Ephraim London
Ephraim London was a leading constitutional-law attorney who successfully argued First Amendment cases before the Supreme Court. These included Burstyn v....
- Epperson v. Arkansas (1968)
In Epperson v. Arkansas (1968), the Supreme Court unanimously struck down an Arkansas law that criminalized the teaching of evolution in public schools. The...
- Epton v. New York (1968)
In Epton v. New York (1968), the Supreme Court declined to review the conspiracy and anarchy convictions of African-American Marxist leader William Epton, who...
- Equal Access Act of 1984 (1984)
The Equal Access Act of 1984 forbids public schools from receiving federal funds if they deny students the First Amendment right to hold meetings owing to...
- Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. (2015)
In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. (2015), the Supreme Court ruled that an employer could be liable under the 1964...
- Equal-Time Rule
The federal equal-time rule requires broadcasters to treat a candidate for the same political office identically to every other candidate for that office, in...
- Erwin Chemerinsky
Law professor Erwin Chemerinsky (1953– ), one of the foremost constitutional-law scholars and Supreme Court lawyers, writes on First Amendment issues and...
- Erwin Griswold
As solicitor general, Erwin Griswold argued the government's Pentagon Papers case unsuccessfully in New York Times Co. v. United States (1971). Griswold said...
- Erznoznik v. City of Jacksonville (1975)
In Erznoznik v. City of Jacksonville (1975), the Supreme Court held that under the First Amendment government may not censor expression simply because it...
- Espionage Act of 1917 (1917)
The Espionage Act of 1917 was passed during World War I. It strictly limited the gathering and release of information that might damage or work against the war...
- Established Churches in Early America
The establishment clause of the First Amendment clearly prohibits creation of a national church, but when the amendment was ratified in 1791 it did not...
- Estes v. Texas (1965)
In Estes v. Texas (1965), the Supreme Court overturned a conviction based on the presence of cameras in the courtroom and explored relations between First...
- Eu v. San Francisco County Democratic Central Committee (1989)
In Eu v. San Francisco County Democratic Central Committee (1989), the Supreme Court ruled on state regulation of political parties. It said California’s...
- Eugene Debs
Eugene V. Debs was a labor leader, socialist, and five-time presidential candidate with a twofold relationship with the First Amendment. As a member of an...
- Eugene Volokh
Eugene Volokh is one of the nation’s most prolific writers and commentators on the First Amendment. He is founder and co-author of the Volokh Conspiracy, a...
- Evan Lawson
Evan T. Lawson was a Boston-based attorney who successfully argued two First Amendment cases before the U.S. Supreme Court. They were Smith v. Goguen (1974) and...
From early Colonial beginnings to present-day legal battles involving religious conscience, evangelical Christians have been a major force in U.S. life....
- Evans v. Selma Union High School District of Fresno County (California Supreme Court) (1924)
In Evans v. Selma Union High School District of Fresno County (1924), the California Supreme Court allowed a high school to buy 12 copies of the King James...
- Everson v. Board of Education (1947)
In Everson v. Board of Education (1947), the Supreme Court said New Jersey's spending tax funds to bus children to religious schools did not breach the church-...
The teaching of the scientific theory of evolution has been at the heart of many cases brought under the establishment clause, the free-exercise clause, and the...
- Ex parte Curtis (1882)
In Ex parte Curtis (1882), the Supreme Court found constitutional an 1876 act prohibiting U.S. government officials from requesting or receiving money from...
- Ex parte Jackson (1877)
In Ex parte Jackson (1877), the Supreme Court said Congress did not violate the free-speech clause of the First Amendment by closing the postal system to...
- Ex parte Vallandigham (1863)
In Ex parte Vallandigham (1863), the Supreme Court said it had no jurisdiction to hear appeals from a military tribunal that sentenced a gubernatorial candidate...
- Exit Polling
In exit polling, pollsters ask voters as they leave the polls whom they voted for and sometimes other questions as well. The news media argue that exit polling...
- Express Advocacy
According to the Supreme Court in Buckley v. Valeo (1976), express advocacy is the use of words such as "vote for," "elect," or "support" in political...
- Expressive Conduct
Expressive conduct is behavior designed to convey a message. Its function as speech means it has increasingly been protected by the First Amendment. Two rough...
- Facial Challenges
A facial challenge contends that a government law, rule, regulation, or policy is unconstitutional as written (on its face). First Amendment facial challenges,...
- Fair Use
Fair use is a concept that allows works to be used in ways that otherwise would infringe on a copyright, but are allowed because they benefit society and don't...
- Fairness Doctrine
A policy of the Federal Communications Commission, the fairness doctrine attempted to ensure that broadcast stations’ coverage of controversial issues was...
- Faith-based Organizations and Government
The government has long helped churches, religious neighborhood groups, and faith-related charities to pursue their public goals. The recent expansion of...
- False Light
False-light invasion of privacy is a cause of action for portraying an individual unflatteringly in words or pictures as someone or something that person is not...
- False Speech
Because the First Amendment is designed to further the pursuit of truth, it may not protect individuals who engage in slander or libel. Generally, though, the...
- Fanny Hill
Fanny Hill is an expurgated version of John Cleland's pornographic novel, Memoirs of a Woman of Pleasure (1748-9). Fanny Hill was the focus of one of the...
- Farmers Educational and Cooperative Union of America, North Dakota Division v. WDAY, Inc. (1959)
The Supreme Court in Farmers Educational and Cooperative Union of America, North Dakota Division v. WDAY, Inc. (1959), did not mention the First Amendment, but...
- Federal Bureau of Investigation
The Federal Bureau of Investigation is an arm of the U.S. Department of Justice. FBI covert surveillance has created First Amendment controversy, as critics...
- Federal Communications Commission
The Federal Communications Commission regulates scarce communications frequencies "in the public interest." FCC power to regulate indecent programming has...
- Federal Communications Commission v. Fox (2009) (2009)
In Federal Communications Commission v. Fox (2009), the Supreme Court narrowly ruled that the FCC did not act arbitrarily and capriciously under the...
- Federal Communications Commission v. Fox Television Stations (2012) (2012)
Federal Communications Commission v. Fox Television Stations (2012), is a followup to a Supreme Court ruling in 2009. The Court invalidated the FCC's actions...
- Federal Communications Commission v. League of Women Voters of California (1984)
Editorializing by public broadcasting stations was the issue facing the Supreme Court in Federal Communications Commission v. League of Women Voters of...
- Federal Communications Commission v. Midwest Video Corp. (1979)
In Federal Communications Commission v. Midwest Video Corp. (1979), the Supreme Court interpreted the Communications Act of 1934 as protecting cable-TV...
- Federal Communications Commission v. National Citizens Committee for Broadcasting (1978)
In Federal Communications Commission v. National Citizens Committee for Broadcasting (1978), the Supreme Court unanimously upheld FCC regulations that...
- Federal Communications Commission v. Pacifica Foundation (1978)
In Federal Communications Commission v. Pacifica Foundation, the Supreme Court allowed the government to regulate indecent speech over the radio. The decision...
- Federal Election Campaign Act of 1971 (1971)
The Federal Election Campaign Act of 1971 regulated the financing of federal election campaigns, including money raised and spent by candidates and political...
- Federal Election Commission v. Beaumont (2003)
In Federal Election Commission v. Beaumont (2003), the Supreme Court said First Amendment speech and association rights of nonprofit advocacy groups aren't...
- Federal Election Commission v. Colorado Republican Federal Campaign Committee (2001)
In Federal Election Commission v. Colorado Republican Federal Campaign Committee (2001), the Supreme Court upheld parts of the Federal Election Campaign Act...
- Federal Election Commission v. Massachusetts Citizens for Life (1986)
In Federal Election Commission v. Massachusetts Citizens for Life (1986), the Supreme Court found that while a publication by an anti-abortion rights group...
- Federal Election Commission v. National Conservative PAC (1985)
The Supreme Court ruled in Federal Election Commission v. National Conservative PAC (1985) that part of the Presidential Election Campaign Fund Act barring...
- Federal Election Commission v. National Right to Work Committee (1982)
In Federal Election Commission v. National Right to Work Committee (1982), the Supreme Court approved limits on the ability of corporations or labor unionss to...
- Federal Election Commission v. Wisconsin Right to Life, Inc. (2007)
In Federal Election Commission v. Wisconsin Right to Life, Inc., the Supreme Court ruled that section 203 of the Bipartisan Campaign Reform Act of 2002 violated...
- Federal Radio Commission
The Federal Radio Commission, born out of the Radio Act of 1927, was conceived as a separate regulatory body for radio communications. By controlling an...
- Federal Theatre Project
The Federal Theatre Project provided Depression-era families with inexpensive entertainment, and out-of-work directors, actors, and writers with employment....
- Federal Trade Commission
Congress created the Federal Trade Commission in 1914 to regulate monopolies, eliminate unfair competition, and stop unfair or deceptive business practices. Its...
- Federal Trade Commission v. Superior Court Trial Lawyers Association (1990)
In Federal Trade Commission v. Superior Court Trial Lawyers Association (1990), the Supreme Court ruled on a case involving attorney speech. The Court said the...
The principle of federalism distributes power between the national government and the state governments, both of whose powers rest on written constitutions and...
The name Federalists was adopted both by supporters of ratification of Constitution and by members of one of the first two political parties. Federalists argued...
- Feiner v. New York (1951)
Many Supreme Court decisions, including Feiner v. New York (1951), have addressed the issue of whether speech that incites a “breach of the peace”...
- Felix Frankfurter
Felix Frankfurter (1882–1965) championed civil rights during 23 years as a Supreme Court justice, but he frequently voted to limit civil liberties, believing...
- Feminist Theory
Feminist theory is a liberal tradition arguing that women should enjoy the same political and economic rights as men, including speech, religion, bodily...
- Fighting Words
The fighting-words doctrine allows government to limit speech when it is likely to incite immediate violence or retaliation by those who hear it. Although the...
Hollywood has produced many films that deal with issues of political and social significance. Although producers make movies primarily to entertain audiences...
- Filming the Police
Filming police officers as they perform their duties in public is an emerging First Amendment issue. Many citizens have faced criminal charges for videotaping...
- First Amendment Center
The First Amendment Center, a nonprofit, nonpartisan organization, seeks to preserve and protect First Amendment freedoms through information and education. It...
- First Amendment Lawyers Association
The First Amendment Lawyers Association is an association of attorneys devoted to the First Amendment. FALA primarily defends clients in the adult-entertainment...
- First Amendment Project
The First Amendment Project is an Oakland, Calif.–based nonprofit public-interest law firm that advocates on behalf of free-expression values. Founded in 1992...
- First National Bank of Boston v. Bellotti (1978)
In First National Bank of Boston v. Bellotti (1978), the Supreme Court ruled that a Massachusetts restriction on political contributions by corporations...
- Fiske v. Kansas (1927)
In Fiske v. Kansas (1927), the Supreme Court overturned a conviction under the Kansas Criminal Syndicalism Act, saying the law violated the due-process clause...
- Flag Desecration
Flag desecration is one of the nation’s most controversial and polarizing First Amendment issues. Several times during the 20th century, the Supreme Court...
- Flag Protection Acts of 1968 and 1989
Two Flag Protection Acts were passed by Congress in 1968 and 1989 to try to protect the U.S. flag from being burned or otherwise desecrated by protesters. The...
- Flast v. Cohen (1968)
In Flast v. Cohen (1968), the Supreme Court allowed taxpayers standing to sue within limited parameters. Plaintiffs were trying to prevent the use of their...
- Fleeting Expletives and Fleeting Nudity
A Supreme Court ruling in FCC v. Fox (2009) said the FCC had authority to regulate single broadcast utterances of indecent words or brief displays of nudity....
- Florida Bar v. Went for It, Inc. (1995)
The Supreme Court in Florida Bar v. Went for It, Inc. (1995), established that states may impose time-limit bans on direct-mail attorney solicitation letters to...
- Florida Star v. B.J.F. (1989)
In Florida Star v. B.J.F. (1989), the Supreme Court said the First Amendment precluded a newspaper from being held civilly liable under state law for publishing...
- Flower v. United States (1972)
In Flower v. United States (1972), the Supreme Court overturned the conviction of John Thomas Flower of the American Friends Service Committee for distributing...
- Floyd Abrams
Floyd Abrams (1936– ), a well-known and widely respected First Amendment lawyer, serves as senior counsel for the law firm Cahill Gordon & Reindell. He...
- Follett v. Town of McCormick (1944)
In Follett v. Town of McCormick (1944), the Supreme Court invalidated a tax imposed by the town of McCormick, S.C., on a resident Jehovah’s Witness selling...
- Folsom v. Marsh (C.C.D. Mass.) (1841)
Although Folsom v. Marsh (C.C.D. Mass. 1841), did not specifically reference the First Amendment, it upheld an injunction against publication of a book about...
- Food and Drug Administration
The Food and Drug Administration, one of the nation’s oldest consumer-protection agencies, was created by the Food and Drug Act of 1909. Since the late 1990s...
- Foreign Languages, Right to Learn and Teach
In a series of cases from 1923 to 1927, the Supreme Court held that the Constitution protects the right to learn and teach foreign languages. Although the Court...
- Forsyth County, Georgia v. Nationalist Movement (1992)
In Forsyth County, Georgia v. Nationalist Movement (1992), the Supreme Court limited city permitting schemes in ruling that a county ordinance violated the...
- Fort Wayne Books, Inc. v. Indiana (1989)
In Fort Wayne Books, Inc. v. Indiana (1989), the Supreme Court said an Indiana provision allowing pretrial seizure of allegedly obscene material imposed an...
- Fortune Telling
Many cities have sought to limit fortune telling, clairvoyance, and palmistry, contending that these practices amount to attempted fraud. Fortune tellers...
- Foundation for Individual Rights in Education
The Foundation for Individual Rights in Education is a Philadelphia-based nonprofit that aims to protect students’ First Amendment rights at U.S. colleges and...
- Four Freedoms
President Franklin D. Roosevelt, in an address to Congress on Jan. 6, 1941, articulated the Four Freedoms, two of which relate to the First Amendment: freedom...
- Fowler v. Rhode Island (1953)
In Fowler v. Rhode Island (1953), the Supreme Court said an ordinance that prevented a Jehovah’s Witnesses minister from holding a religious service in a...
- Fox v. Washington (1915)
In Fox v. Washington (1915), the Supreme Court upheld a Washington state statute that made it a crime to publish materials “advocating ... any crime, [or]...
- Francis Biddle
Francis Biddle (1886–1968), a federal appeals court judge, solicitor general, and U.S. attorney general, won praise for his balancing of freedom and security...
- Francis Murphy
Francis W. Murphy (1890–1949), who served on the Supreme Court from 1940 to 1949, wrote eloquently about First Amendment freedoms. He championed individual...
- Frazee v. Illinois Department of Employment Security (1989)
The Supreme Court in Frazee v. Illinois Department of Employment Security (1989) said a worker could not be denied unemployment for refusing to work on Sunday...
- Fred Friendly
Fred W. Friendly (1915–1998), an early innovator of broadcast journalism, with Edward R. Murrow, was known in later years for his seminars on the media and...
- Frederick Schauer
Frederick Schauer, a legal scholar and constitutional law expert, is Frank Stanton Professor of the First Amendment at the Kennedy School of Government at...
- Frederick Vinson
Frederick Moore Vinson (1890–1953) was the 13th chief justice of the United States. The Cold War, fear of communism, and government loyalty and security...
- Free Expression Network
The Free Expression Network is an alliance of groups seeking to protect “the First Amendment right of free expression and the values it represents” and to...
- Free Flow of Information Act
The Free Flow of Information Act would create a federal shield law to protect reporters from punishment in most instances for refusing to disclose confidential...
- Free Speech During Wartime
Freedom of speech often suffers during times of war. The pattern has been consistent in U.S. history from the Revolutionary war to the modern-day war on terror...
- Free Speech League
The Free Speech League was the first organization in U.S. history to commit itself to free expression, no matter the subject or viewpoint. It was organized in...
- Free Speech Zones
Free-speech zones refer to areas on college campuses and at certain public events, such as political conventions, specifically designated for protesters and...
- Freedman v. Maryland (1965)
The Supreme Court ruled in Freedman v. Maryland (1965) that prior restraint under Maryland’s film-censorship statute unduly restricted the First Amendment...
- Freedom of Access to Clinic Entrances Act of 1994 (1994)
The Freedom of Access to Clinic Entrances Act of 1994 makes it a federal crime to block the entrance to a clinic or to use force or threats, or a sit-ins, to...
- Freedom of Association
There are two types of freedom of association recognized by the Supreme Court as fundamental rights: expressive association and intimate association. The First...
- Freedom of Information Act of 1966 (1966)
Congress adopted the Freedom of Information Act (FOIA) on the principle that government should be transparent to the governed. Citizens have the right to hold...
- Freedom to Display the American Flag Act of 2006 (2006)
The Freedom to Display the American Flag Act of 2006, signed by President George W. Bush, prohibits association-governed communities from preventing its members...
- Friedman v. Rogers (1979)
In Friedman v. Rogers (1979), the Supreme Court upheld, against a First Amendment challenge, a Texas law that prohibited optometrists from advertising under a...
- Frisby v. Schultz (1988)
The Supreme Court ruled in a case involving anti-abortion protests centered on a doctor's private home in Frisby v. Schultz (1988). The Court upheld a Wisconsin...
- Frohwerk v. United States (1919)
In Frohwerk v. United States (1919), the Supreme Court affirmed the conviction of a political dissident for articles he had published criticizing American...
- Funeral Protests
Funeral-protest laws have cropped up in response to picketing by members of the Westboro Baptist Church, who display hateful anti-homosexuality messages in...
- FW/PBS, Inc. v. City of Dallas (1990)
- Gag Orders
Gag orders on trial participants are often used to ensure fair trials. Gag orders on the press must meet high standards set by the courts to avoid prior...
- Gag Rule in Congress
In the 1830s and 40s, Congress had a standing gag rule to table any antislavery petition discussion. John Quincy Adams argued against this rule and repealed it...
- Gallagher v. Crown Kosher Super Market of Massachusetts (1961)
A Massachusetts law required supermarkets to remain closed on Sundays. A kosher supermarket appealed the law, but the court ruled that the law was...
- Gandia v. Pettingill (1912)
Gandia v. Pettingill served as a precedent for protecting First Amendment rights by making libel judgments difficult to win...
- Gannett Co. v. DePasquale (1979)
In Gannett Co. v. DePasquale, the Supreme Court ruled that trials closed to the press and public were a violation of neither the First nor Sixth Amendment...
- Garcetti v. Ceballos (2006)
In Garcetti v. Ceballos, the court ruled that the First Amendment does not apply to speech issued as part of the routine duties of public employees...
- Garner v. Board of Public Works of Los Angeles (1951)
In Garner v. Board of Public Works of Los Angeles, the court upheld the constitutionality of loyalty oaths examining subversive associations of employees...
- Garner v. Louisiana (1961)
In Garner v. Louisiana, the court ruled that a Louisiana breach of the peace law was too vague to be applied to the peaceful sit-ins used by civil rights...
- Garrison v. Louisiana (1964)
In Garrison v. Louisiana, the court determined the criminal libel law in Louisiana to be unconstitutional. The ruling continued the refinement of libel laws...
- Gelling v. Texas (1952)
In Gelling v. Texas, the court reversed a Texas court decision that convicted W. L. Gelling. Gelling had shown a motion picture prohibited by the Board of...
- General Media Communications v. Cohen (2d Cir.) (1997)
In General Media Communications v. Cohen, the Second Circuit court upheld a law prohibiting the sale of explicit material on military bases...
- Gentile v. State Bar of Nevada (1991)
In Gentile v. State Bar of Nevada, the court struck down Nevada's limit on attorney speech as too vague while upholding some restrictions on attorney speech...
- Geoffrey Stone
Geoffrey Stone is a First Amendment scholar and a law professor at the University of Chicago who has written and edited numerous books on free expression...
- George Carlin
George Carlin was a controversial comedian whose "Filthy Words" monologue sparked a Supreme Court case concerning government regulation of indecent speech...
- George Hay
George Hay was a lawyer, writer and federal district judge who contributed to First Amendment theory by writing pamphlets defending the freedom of the press...
- George Mason
George Mason, a Virginia statesman and one of the founders of the United States, is best known for his proposal of a bill of rights at the Constitutional...
- George Washington
George Washington, first President of the United States, favored the Bill of Rights and advocated for religious freedom throughout his life...
- Gerende v. Board of Supervisors of Elections of Baltimore (1951)
In Gerende v. Board of Supervisors of Elections of Baltimore, the court upheld a Maryland requirement that all candidates seeking access to the ballot must take...
- Gertz v. Robert Welch, Inc. (1974)
In Gertz v. Robert Welch, Inc., the court ruled that the First Amendment does not require a private individual who is libeled to prove actual malice in a...
- Gibbons v. District of Columbia (1886)
In Gibbons v. District of Columbia, the court affirmed that Congress could tax church property that had been used “for any business purpose...
- Giboney v. Empire Storage and Ice Co. (1949)
In Giboney v. Empire Storage and Ice Co., the court ruled that First Amendment freedoms do not protect conduct that breaks valid laws...
- Gibson v. Florida Legislative Investigation Committee (1963)
In Gibson v. Florida Legislative Investigation Committee, the court held that the state must show compelling interest to intrude on First Amendment rights...
- Gilbert v. Minnesota (1920)
In Gilbert v. Minnesota, the Supreme Court upheld the conviction of Joseph Gilbert for criticizing conscription and U.S. participation in World War I...
- Gillette v. United States (1971)
In Gillette v. United States, the court denied a draft exemption to a man who refused to participate in the Vietnam War but would have fought in a war of self...
- Ginsberg v. New York (1968)
In Ginsberg v. New York, the Supreme Court upheld a harmful to minors law, affirming the illegality of selling minors expressions and depictions of nudity and...
- Ginzburg v. United States (1966)
In Ginzburg v. United States, the Court upheld the conviction of a publisher who had violated a federal statute by mailing advertising for obscene publications...
- Girouard v. United States (1946)
In Girouard v. United States, the Supreme Court held that citizenship applicants do not have to swear they will bear arms if they have religious objections...
- Gitlow v. New York (1925)
In Gitlow v. New York, the Court applied free speech and press protection to the states through the due process clause of the the Fourteenth Amendment...
- Givhan v. Western Line Consolidated School District (1979)
In Givhan v. Western Line Consolidated School District, the Court said public employees do not forfeit First Amendment rights when communicating privately to a...
- Glickman v. Wileman Brothers and Elliott, Inc. (1997)
In Glickman v. Wileman Brothers and Elliott, Inc., the Court held that requiring farmers to contribute to the cost of generic advertising did not abridge their...
- Globe Newspaper Co. v. Superior Court (1982)
Globe Newspaper Co. v. Superior Court established that the First Amendment guarantees the “presumptive” right of the public to attend criminal trials...
- Golan v. Holder (2012)
Golan v. Holder upheld a U.S. copyright law against First Amendment challenges. The law had taken previously available foreign works out of the public domain...
- Goldman v. Weinberger (1986)
In Goldman v. Weinberger, the Court ruled that the U.S. military did not violate First Amendment rights by prohibiting soldiers from wearing religious apparel...
- Gompers v. Buck's Stove and Range Co. (1911)
In Gompers v. Buck’s Stove and Range Co., the Court rejected the claim that First Amendment rights protect individuals who violate injunctions against labor...
- Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal (2006)
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal upheld the sacramental use of a hallucinogenic substance under the First Amendment free exercise...
- Good News Club v. Milford Central School (2001)
Good News Club v. Milford Central School decided that school districts cannot prohibit First Amendment free speech of groups seeking access to the district’s...
- Gooding v. Wilson (1972)
Gooding v. Wilson (1972) limited the scope of the “fighting words” exception to the First Amendment and enhanced the development of the overbreadth doctrine...
- Government Funding and Free Speech
In appropriating money, governments sometimes attempt to limit the speech of thosethey are funding. The Supreme Court has generally supported such restrictions...
- Government Speech Doctrine
Under the government speech doctrine, the government has its own rights as speaker that can assert its own messages, immune from challenges of viewpoint...
- Graduation Speech Controversies
Court decisions have interpreted the First Amendment establishment clause as prohibiting prayers in public schools during both school hours and school functions...
- Grand Rapids School District v. Ball (1985)
In Grand Rapids School District v. Ball, the Supreme Court struck down two government education programs that employed parochial school teachers and facilities...
- Gravity of the Evil Test
The gravity of the evil test is a refinement of the clear and present danger test to determine when First Amendment free speech may be subject to criminal...
- Grayned v. City of Rockford (1972)
In Grayned v. City of Rockford, the Supreme Court ruled that a city’s anti-picketing ordinance was over broad, but their anti-noise ordinance was...
- Greater New Orleans Broadcasting Association v. United States (1999)
Greater New Orleans Broadcasting Association v. United States (1999) struck down a law that violated the First Amendment by prohibiting broadcasting...
- Green River Ordinances
Green River ordinances are local ordinances that prohibit individuals from engaging in door-to-door solicitations unless the residents have given their consent...
- Greenbelt Cooperative Publishing Association v. Bresler (1970)
Greenbelt Cooperative Publishing Association v. Bresler held that rhetorical hyperbole is not actionable as defamation if a reasonable reader would not...
- Greer v. Spock (1976)
Greer v. Spock decided that, despite First Amendment protections, areas on military bases open to the public were not necessarily open for engagement in...
- Greg Lukianoff
Greg Lukianoff is the president of the Foundation for Individual Rights in Education (FIRE) and one of the country’s most passionate defenders of free...
- Gregory v. City of Chicago (1969)
In Gregory v. City of Chicago, the Court upheld the First Amendment rights of peaceful protestors over police attempting to quell anticipated civil disorder...
- Grimm v. United States (1895)
In Grimm v. United States, the Supreme Court upheld on a conviction for using the mail to convey information about where to purchase pornographic pictures...
- Griswold v. Connecticut (1965)
Griswold v. Connecticut (1965) elaborated the right to privacy by invalidating a law that made it a crime to use birth control devices or to advise about their...
- Grosjean v. American Press Co. (1936)
In Grosjean v. American Press Co. (1936), the Supreme Court invalidated a law that imposed a tax on the gross receipts of newspapers with larger circulations...
- Group Libel
Group libel, the defamation of an entire group of people, has coexisted uneasily with the First Amendment’s emphasis on individual speech rights...
- Grove Press v. Gerstein (1964)
- Grove Press v. Maryland State Board of Censors (1971)
- H. Louis Sirkin
H. Louis Sirkin is a Cincinnati-based attorney nationally known for his First Amendment work, defending clients in obscenity and adult entertainment cases,...
- Hague v. Committee for Industrial Organization (1939)
Hague v. Committee for Industrial Organization set the precedent for the public forum doctrine and showed that banning a group of citizens from holding...
- Haig v. Agee (1981)
Haig v. Agee raises and answers questions regarding revocation of the right to travel in order to prevent speech deemed harmful to national security...
Hair opened in 1968, sparking controversy with its obscene content. The original production was a harbinger of the changes taking place in American culture...
- Hair Length and Style
Employers, officials and administrators have given a number of reasons for hair regulations, leading to First Amendment battles, with litigants challenging...
- Halter v. Nebraska (1907)
The Court decision upheld a Nebraska state law that punished an individual for printing the American flag on a bottle of beer. Litigants challenged Nebraska’s...
- Hamilton v. Regents of the University of California (1934)
In this case, the Supreme Court upheld the right of states to require university students to receive military training, declaring that the free exercise clause...
- Hamling v. United States (1974)
In this case, the Supreme Court upheld the conviction of several individuals for their role in distributing advertisements of the book The Illustrated...
- Hannegan v. Esquire (1946)
In this case, the Supreme Court overturned a decision by the postmaster general revoking the second-class-mail permit that his department had issued to Esquire...
- Hardwick v. Heyward (4th Cir.) (2013)
Hardwick v. Heyward ruled that public school officials in Latta, South Carolina, did not violate the First Amendment rights of a public school student who wore...
- Harisiades v. Shaughnessy (1952)
Harisiades v. Shaughnessy upheld a provision of the Alien Registration Act of 1940, requiring deportation of resident aliens who advocate the unlawful overthrow...
- Harlan Fiske Stone
Harlan Fiske Stone was a lawyer, teacher and jurist, who served as an associate justice and chief justice on the Supreme Court, where he showed sensitivity to...
- Harmful to Minors Laws
Harmful to minors laws seek to protect minors from pornography, obscenity and other material that may bring harm to them...
- Harper and Row v. Nation Enterprises (1985)
In Harper & Row v. Nation Enterprises, the Court ruled that a prepublication of about 300 words of an excerpt from President Gerald Ford’s memoir was not an...
- Harper v. Poway Unified School District (9th Cir.) (2006)
- Harris v. Quinn (2014)
- Harry Blackmun
- Harry Kalven, Jr.
- Harry Weinberger
- Harte-Hanks Communications v. Connaughton (1989)
- Hartman v. Moore (2006)
- Hartzel v. United States (1944)
- Hatch Act of 1939 (1939)
- Hate Speech
- Hayden Covington
- Hazelwood School District v. Kuhlmeier (1988)
- Headlight Flashing
- Healy v. James (1972)
- Heckler's Veto
- Heffernan v. City of Paterson (2016)
- Heffron Principle
- Heffron v. International Society for Krishna Consciousness (1981)
- Hein v. Freedom from Religion Foundation (2007)
- Heller v. New York (1973)
- Hennington v. Georgia (1896)
- Henry Sawyer, III
- Henry v. Collins (1965)
- Herbert v. Lando (1979)
- Herbert Wechsler
- Hernandez v. Commissioner of Internal Revenue (1989)
- Herndon v. Lowry (1937)
- Hess v. Indiana (1973)
- Hicklin Test
- Hill v. Colorado (2000)
- Hirsh v. City of Atlanta (1990)
- Hishon v. King & Spalding (1984)
- Hit Man Manual
- Hobbie v. Unemployment Appeals Commission of Florida (1987)
- Hobby Lobby Stores, Inc. v. Sebelius (2012)
- Holder v. Humanitarian Law Project (2010)
- Holocaust Denial
- Holt v. Hobbs (2015)
- Horace Mann
- Horn Honking
- Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012)
- Hosty v. Carter (7th Cir.) (2005)
- Hotel and Restaurant EmployeesÃ¢ï¿½ï¿½ International Alliance v. Wisconsin Employment Relations Board (1942)
- Houchins v. KQED (1978)
- House Un-American Activities Committee
- Howard Stern
- Hudgens v. National Labor Relations Board (1976)
- Hugh Hefner
- Hughes v. Superior Court of California (1950)
- Hugo Black
Hugo Lafayette Black (1886–1971) served on the U.S. Supreme Court for 34 years and is widely considered to be one of the most influential justices of his time...
- Hunt v. McNair (1973)
- Hunter v. Bryant (1991)
- Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995)
- Hustler Magazine v. Falwell (1988)
- Hutchinson v. Proxmire (1979)
- Hynes v. Mayor of Oradell (1976)
- Ibanez v. Florida Department of Business and Professional Regulation Board (1994)
- Illinois ex rel. Madigan v. Telemarketing Associates, Inc. (2003)
- Illinois ex rel. McCollum v. Board of Education (1948 )
- Illinois State Board of Elections v. Socialist Workers Party (1979)
- In God We Trust
Federal courts have consistently upheld "In God We Trust" as a national motto, use of which on coins or elsewhere does not violate the establishment clause of...
- In re Anastaplo (1961)
- In re Primus (1978)
- In re R.M.J. (1982)
- In re Rapier (1892)
- In re Sawyer (1959)
- In re Stolar (1971)
- In re Summers (1945)
- Incitement to Imminent Lawless Action
- Indecency and the Electronic Media
- Indian Appropriations Act of 1896 (1896)
- Intelligent Design
- International Association of Machinists v. Street (1961)
- International Brotherhood of Electrical Workers v. National Labor Relations Board (1951)
- International Brotherhood of Teamsters Union v. Hanke (1950)
- International Brotherhood of Teamsters Union v. Vogt (1957)
- International Refugee Assistance Project v. Trump (4th Cir.) (2017)
- International Religious Freedom Act of 1998 (1998)
- International Society for Krishna Consciousness v. Lee (1992)
- Interstate Circuit, Inc. v. Dallas (1968)
- Isaac Backus
- Issue Advocacy
- J. Edgar Hoover
- J. Skelly Wright
- Jacobellis v. Ohio (1964)
- James Goodale
- James Madison
- Jamison v. Texas (1943)
- Janus v. American Federation of State, County, and Municipal Employees, Council 31 (2018)
The Supreme Court ruled 5-4 that that an Illinois law allowing government employee unions to collect fees from non-members violates the First Amendment....
- Jay Sekulow
- Jehovah’s Witnesses
- Jenkins v. Georgia (1974)
- Jenness v. Fortson (1971)
- Jimmy Swaggart Ministries v. Board of Equalization of California (1990)
- Jimmy Swaggart Ministries v. Board of Equalization of California (1990)
- Johanns v. Livestock Marketing Association (2005)
- John Adams
- John Connell
- John Courtney Murray
- John Doe #1 v. Reed (2011)
- John Doe #1 v. Reed (2010)
- John Ely
- John Leland
- John Lilburne
- John Locke
- John Marshall
- John Marshall Harlan I
- John Marshall Harlan II
- John Milton
- John Paul Stevens
- John Peter Zenger
- John Quincy Adams
- John Roberts Jr.
- John Seigenthaler
John Seigenthaler was the longtime editor of The Tennessean in Nashville, known for championing civil rights. He founded the First Amendment Center at...
- John Stuart Mill
- John Wilkes
- John Winthrop
- John Witherspoon
- Johnson v. Avery (1969)
- Johnson v. Robison (1974)
- Joint Anti-Fascist Refugee Committee v. McGrath (1951)
- Jones v. City of Opelika (1942, 1943)
- Jones v. North Carolina Prisoners' Union (1977)
- Jones v. Wolf (1979)
- Joseph Breen
- Joseph Forer
- Joseph Priestley
- Joseph Rauh, Jr.
- Joseph Smith
- Joseph Story
- Judicial Campaign Speech
- Judith Miller
- Kaplan v. California (1973)
- Karlan v. City of Cincinnati (1974)
- Katzev v. County of Los Angeles (Cal.) (1959)
- Kedroff v. Saint Nicholas Cathedral (1952)
- Keefe v. Adams (8th Cir.) (2016)
- Keller v. State Bar of California (1990)
- Kelley v. Johnson (1976)
- Ken Paulson
- Kevin O'Neill
- Keyishian v. Board of Regents (1967)
- Kimm v. Rosenberg (1960)
- Kingsley Books, Inc. v. Brown (1957)
- Kingsley International Pictures v. Board of Regents (1959)
- Kitzmiller v. Dover Area School District (2005)
- Kleindienst v. Mandel (1972)
- Knox v. Service Employees International Union (2012)
- Konigsberg v. State Bar (1961)
- Kovacs v. Cooper (1949)
- Ku Klux Klan
- Kunz v. New York (1951)
- Laird v. Tatum (1972)
- Lamb's Chapel v. Center Moriches Union Free School District (1993 )
- Lamont v. Postmaster General (1965)
- Landmark Communications, Inc. v. Virginia (1978)
- Lane v. Franks (2014)
- Largent v. Texas (1943)
- Larkin v. Grendel's Den, Inc. (1982)
- Larry Flynt
- Larson v. Valente (1982)
- Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States (1890)
- Laurence Tribe
- Lavine v. Blaine School District (9th Cir.) (2001)
- Law Students Research Council v. Wadmond (1971)
- Lawrence Speiser
- Leach v. Carlile (1922)
- Learned Hand
- Least Restrictive Means
- Leathers v. Medlock (1991)
- Lee Art Theatre v. Virginia (1968)
- Lee C. Bollinger
- Lee v. International Society for Krishna Consciousness (1992)
- Lee v. Weisman (1992 )
- Legal Services Corp. v. Velazquez (2001)
- Lehman v. City of Shaker Heights (1974)
- Lehnert v. Ferris Faculty Association (1991)
- Lemon Test
- Lemon v. Kurtzman (1971) (1971)
- Lemon v. Kurtzman (1973) (1973 )
- Lenny Bruce
- Leo Pfeffer
- Leonard Boudin
- Leonard Levy
- Levitt v. Committee for Public Education and Religious Liberty (1973)
- Lewis Powell Jr.
- Lewis Publishing Company v. Morgan (1913)
- Lewis v. City of New Orleans (1974)
- Libel and Slander
- Liberty Legal Institute
- Liberty Model
- Libraries and Intellectual Freedom
- Licensing Laws
- Liles v. Oregon (1976)
- Lincoln Federal Labor Union v. Northwestern Iron and Metal Co. (1949)
- Linmark Associates, Inc. v. Township of Willingboro (1977)
- Linn v. United Plant Guard Workers of America (1966)
- Lloyd Corporation, Ltd. v. Tanner (1972)
- Lloyd Cutler
- Lo-Ji Sales, Inc. v. New York (1979)
- Locke v. Davey (2004 )
- Locke v. Karass (2009)
- Loitering Laws
- Lorain Journal Co. v. United States (1951)
- Lorillard Tobacco Co. v. Reilly (2001)
- Los Angeles Police Department v. United Reporting Publishing Co. (1999)
- Louis Brandeis
- Louis Nizer
- Louisiana ex rel. Gremillion v. NAACP (1961)
- Lovell v. City of Griffin (1938)
- Lowe v. Securities and Exchange Commission (1985)
- Loyalty Oaths
A loyalty oath is a declaration of allegiance to a government and its institutions and a disavowal of support for foreign ideologies or associations. The...
- Lozman v. City of Riviera Beach, Florida (2018)
- Lucas v. Arkansas (1974)
- Luke Records v. Navarro (11th Cir.) (1992)
- Luther Baldwin
- Lynch v. Donnelly (1984)
- Lyng v. International Union, UAW (1988)
- Lyng v. Northwest Indian Cemetery Protective Association (1988)
- Mabee v. White Plains Publishing Co. (1946)
- Madalyn Murray O'Hair
- Madigan v. Telemarketing Associates, Inc. (2003)
- Madsen v. Women's Health Center, Inc. (1994)
- Magna Carta
- Manual Enterprises v. Day (1962)
- Marcus v. Search Warrant (1961)
- Marketplace of Ideas
- Marks v. United States (1977)
- Marsh v. Alabama (1946)
- Marsh v. Chambers (1983 )
- Martin Garbus
- Martin Redish
- Martin v. City of Struthers (1943)
- Maryland and Virginia Eldership of the Churches of God v. Church of God at Sharpsburg (1970)
- Maryland Toleration Act of 1649
- Massachusetts v. Oakes (1989)
- Masses Publishing Co. v. Patten (S.D.N.Y) (1917)
- Masson v. New Yorker Magazine (1991)
- Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)
The Supreme Court said the First Amendment protects the religious rights of a Colorado cakeshop owner who refused to design a wedding cake for a same-sex couple...
- Matal v. Tam (2017)
- Matthew Lyon
- Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (2009)
- Mayflower Compact
- McAuliffe v. Mayor of New Bedford (1892)
- McBurney v. Young (2013)
- McCarran Internal Security Act of 1950 (1950)
The McCarran Internal Security Act of 1950 required organizations determined by the government to be communist to register with the Justice Department and...
- McConnell v. Federal Election Commission (2003)
- McCreary County v. American Civil Liberties Union (2005)
- McCullen v. Coakley (2014)
- McCutcheon v. FEC (2014)
- McDaniel v. Paty (1978)
- McDonald v. Smith (1985 )
- McGowan v. Maryland (1961)
- McIntyre v. Ohio Elections Commission (1995)
- McKinney v. Alabama (1976)
- Media Concentration
- Media Exemption to Antitrust laws
- Media Institute
- Media Law Resource Center
- Meek v. Pittenger (1975)
- Meese v. Keene (1987)
- Melton v. Young (6th Cir.) (1972)
- Melville Nimmer
- Melvin Wulf
- Membership Lists
- Memoirs v. Massachusetts (1966)
- Memorial and Remonstrance
- Metro Broadcasting, Inc. v. Federal Communications Commission (1990)
- Metromedia, Inc. v. City of San Diego (1981)
- Meyer v. Grant (1988)
- Meyer v. Nebraska (1923)
- Miami Herald Publishing Co. v. Tornillo (1974)
- Michael McConnell
- Middle Finger Gesture
- Milavetz, Gallop & Milavetz, P.A. v. United States (2010)
- Military Personnel, Rights of
- Milk Wagon Drivers Union v. Meadowmoor (1941)
- Milkovich v. Lorain Journal Co. (1990)
- Miller v. California (1973)
- Mills v. Alabama (1966)
- Minarcini v. Strongsville City School District (6th Circuit) (1976)
- Minersville School District v. Gobitis (1940)
- Ministerial Exception
The ministerial exception shields churches from improper government influence by barring legal claims against churches by employees with religious functions....
- Minneapolis Star and Tribune Co. v. Minnesota Commissioner of Revenue (1983)
- Minnesota Board for Community Colleges v. Knight (1984)
- Minnesota Voters Alliance v. Mansky (2018)
A Minnesota law that prohibited wearing political apparel at polling places was struck down by the U.S. Supreme Court as unconstitutional. The law violated the...
- Mishkin v. New York (1966)
- Mitchell v. Helms (2000)
- Monitor Patriot Co. v. Roy (1971)
- Morrill Anti-bigamy Act of 1862 (1862)
- Morse v. Frederick (2007)
- Motion Picture Ratings
- Mount Healthy City School District Board of Education v. Doyle (1977)
- Mueller v. Allen (1983)
- Municipality of Ponce v. Roman Catholic Apostolic Church in Porto Rico (1908)
- Munro v. Socialist Workers Party (1986)
- Murdock v. Pennsylvania (1943)
- Murphy v. Ramsey (1885)
- Murray Gurfein
- Music Censorship
- Must-Carry Rules
- Mutual Film Corp. v. Industrial Commission of Ohio (1915)
- NAACP v. Alabama (1958)
- NAACP v. Button (1963)
- NAACP v. Claiborne Hardware Co. (1982)
- Narrowly Tailored Laws
- Nat Hentoff
- Nathaniel Ward
- National Broadcasting Co. v. United States (1943)
- National Coalition Against Censorship
- National Do Not Call Registry
- National Endowment for the Arts v. Finley (1998)
- National Identification Cards
- National Institute of Family and Life Advocates v. Becerra (2018)
The Supreme Court ruled in 2018 that licensed crisis pregnancy centers in California could not be forced by the state to tell patients about abortion services....
- National Labor Relations Board v. Fruit and Vegetable Packers (1964)
- National Labor Relations Board v. Virginia Electric and Power (1941)
- National Prayer Breakfast
- National Press Club
- National Security
- National Society of Professional Engineers v. United States (1978)
- Native Americans
- Natural Law
- Natural Rights
- Near v. Minnesota (1931)
- Nebraska Press Association v. Stuart (1976)
- Neil Gorsuch
- Neutral Reportage Privilege
- Neutrality, Religion
- Neutrality, Speech
- Nevada Commission on Ethics v. Carrigan (2011)
- New York ex rel. Bryant v. Zimmerman (1928)
- New York State Club Association, Inc. v. City of New York (1988)
- New York State Liquor Authority v. Bellanca (1981)
- New York Times Co. v. Sullivan (1964)
- New York Times Co. v. United States (1971)
- New York v. Cathedral Academy (1977)
- New York v. Ferber (1982)
- New York v. P.J. Video, Inc. (1986)
- Newspaper Preservation Act of 1970 (1970)
- Niemotko v. Maryland (1951)
- Nike v. Kasky (2003)
- Nixon v. Shrink Missouri Government PAC (2000)
- Noah Webster
- Noerr-Pennington Doctrine
- Norman Dorsen
- Norman v. Reed (1992)
- Northwest Ordinance of 1787
- Norton v. Discipline Committee of East Tennessee State University (1970)
- Norwood v. Hamilton (1973 )
- Nostrand v. Little (1960)
- Noto v. United States (1961)
- Nude Dancing
According to the Supreme Court, nude dancing, when performed before an audience to convey feelings of eroticism, is expressive conduct triggering First...
- Nurre v. Whitehead (2010)
- O'Connor v. Washburn University (10th Cir.) (2005)
- O'Hare Truck Service v. City of Northlake (1996)
- O'Lone v. Estate of Shabazz (1987)
- Obscenity and Pornography
- Ocala Star-Banner Co. v. Damron (1971)
- Oh! Calcutta!
- Ohralik v. Ohio State Bar Association (1978)
- Oklahoma Press Publishing Co. v. Walling (1946)
- Oklahoma Publishing Co. v. Oklahoma County District Court (1977)
- Old Deluder Satan Act of 1647 (1647)
- Olff v. East Side Union High School District (1972)
- Oliver Wendell Holmes Jr.
- On Liberty
- One, Inc. v. Olesen (9th Cir.) (1957)
- Open Meeting Laws and Freedom of Speech
- Order of St. Benedict v. Steinhauser (1914)
- Organization for a Better Austin v. Keefe (1971)
- Original Intent
- Osborne v. Ohio (1990)
- Osmond Fraenkel
- Overton v. Bazzetta (2003)
- Owen Roberts
- Pacific Gas and Electric Co. v. Public Utilities Commission (1987)
- Packingham v. North Carolina (2017)
- Palko v. Connecticut (1937)
- Panhandling Laws
- Papish v. Board of Curators of the University of Missouri (1973)
- Parental Naming Rights
- Paris Adult Theatre I v. Slaton (1973)
- Parker v. Levy (1974)
- Patrick Henry
- Patterson v. Colorado (1907)
- Paul Freund
- Paul Murphy
- Pearson v. Callahan (2009)
- Peel v. Attorney Disciplinary Commission of Illinois (1990)
- Pell v. Procunier (1974)
- PEN American Center
- Pennekamp v. Florida (1946)
- Pennsylvania v. Nelson (1956)
- Pentagon Papers
- People for the American Way
- People v. Boomer (Mich. Ct. App.) (2002)
- People v. Croswell (1804)
- People v. Phillips (1813)
- People v. Ruggles (N.Y.) (1811)
- Perez v. Florida (2017)
- Perez v. Ledesma (1971)
- Permoli v. New Orleans (1845)
- Perry Education Association v. Perry Local Educators' Association (1983)
- Perry v. Sindermann (1972)
- Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (1996)
- Peter Banta
- Pfeiffer v. Board of Education (1898 )
- Philadelphia Newspapers, Inc. v. Hepps (1986)
- Phillips et al. (Simon's Executors) v. Gratz (1831)
- Pickering v. Board of Education (1968)
- Pierce v. Society of Sisters (1925 )
- Pierce v. United States (1920)
- Pinkus v. United States (1978)
- Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973)
- Planet Aid v. City of St. Johns (6th Cir.) (2015)
- Planned Parenthood of the Columbia/Williamette, Inc. v. American Coalition of Life Activists (9th Cir.) (2002)
- Pleasant Grove v. Summum (2009)
- Pledge of Allegiance
- Police Department of Chicago v. Mosley (1972)
- Political Correctness
- Political Parties
- Political Patronage
- Pope v. Illinois (1987)
- Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986)
- Potter Stewart
- Poulos v. New Hampshire (1953)
- Prayer at Public Events
- Prayer at Public School Events
- Preferred Position Doctrine
- Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church (1969)
- President's Task Force on Communications Policy
- Press-Enterprise Co. v. Superior Court of California (1984, 1986)
- Priest-Penitent Privilege
- Prince v. Massachusetts (1944)
- Printing Ordinance of 1643 (1643)
- Prior Restraint
- Prisoners' rights
- Private Property, Expression on
- Proclamations of National Days of Prayer or Thanksgiving
- Procunier v. Martinez (1974)
- Professional Speech Doctrine
- Protection of Children against Sexual Exploitation Act of 1977 (1977)
- Protestant Reformation
- Protests in Neighborhoods
- Prudential Insurance Co. of America v. Cheek (1922)
- PruneYard Shopping Center v. Robins (1980)
- Public Buildings and Religious Use
- Public Employees
- Public Figures and Officials
- Public Forum Doctrine
- Public Health Cigarette Smoking Act of 1969 (1969)
- Public Nudity
- Public Radio
- Public Television
- Public Utilities Commission v. Pollak (1952)
- Publicity, Right of
- Qualified Immunity
- Quebec Act of 1774 (1774)
- Quick Bear v. Leupp (1908)
- R.A.V. v. St. Paul (1992)
- Rabban, David
- Rabe v. Washington (1972)
- Rabeck v. New York (1968)
- Radio Act of 1912 (1912)
- Radio Act of 1927 (1927)
- Railway Employees' Department v. Hanson (1956)
- Randall v. Sorrell (2006)
- Rankin v. McPherson (1987 )
- Rap Music and the First Amendment
- Red Lion Broadcasting Co. v. Federal Communications Commission (1969)
- Red Scare
- Redrup v. New York (1967)
- Reed v. Town of Gilbert (2015)
- Regan v. Taxation With Representation of Washington (1983)
- Regan v. Time, Inc. (1984)
- Regulation of Political Campaigns
Political campaigns are subject to numerous regulations covering First Amendment-related issues such as ballot access, rights of political parties, what can be...
- Reichle v. Howards (2012)
- Reindeer Rule
- Released Time
- Religious Discrimination
- Religious Freedom Restoration Act of 1993 (1993)
- Religious Holidays
- Religious Land Use and Institutionalized Persons Act of 2000 (2000)
- Religious Liberty and Charitable Donation Protection Act of 1998 (1998)
- Religious Right
- Religious Tests
- Reno v. American Civil Liberties Union (1997)
- Reporter's Privilege
The idea behind reporter’s privilege is that journalists have a limited First Amendment right not to be forced to reveal a confidential source or information...
- Reporters Committee for Freedom of the Press
- Republican Party of Minnesota v. White (2002)
- Revenge Pornography
Revenge pornography is the practice of circulating pictures of an individual in a state of undress and/or participating in sex acts. Under current First...
- Reynolds v. United States (1879)
- Richard M. Nixon
- Richard Posner
- Richardson v. Goddard (1859 )
- Richmond Newspapers, Inc. v. Virginia (1980)
- RICO Laws
- Right to Be Forgotten
- Right to receive information and ideas
- Right to Respond and Right of Reply
- Rights of Students
- Rights of Teachers
- Riley v. National Federation of the Blind (1988)
- Roaden v. Kentucky (1973)
- Robert Bork
- Robert Carter
- Robert Corn-Revere
- Robert Ingersoll
- Robert Jackson
- Robert Mapplethorpe
- Robert O'Neil
- Robert Sack
- Robert Shibley
- Roberts v. United States Jaycees (1984)
- Rodney Smolla
- Roemer v. Bd. of Public Works of Maryland (1976)
- Roger Baldwin
- Roger Williams
- Roman Catholics
- Romantic and Transcendental Movements
Writers associated with Transcendentalism and Romanticism advocated for and believed in the right of individuals to dissent and to engage in civil disobedience...
- Ronald Collins
- Rosen v. United States (1896)
- Rosenberger v. Rectors and Visitors of the University of Virginia (1995)
- Rosenblatt v. Baer (1966)
- Rosenbloom v. Metromedia, Inc. (1971)
- Rosenfeld v. New Jersey (1972)
- Roslyn Litman
- Roth v. United States (1957)
- Rowan v. U.S. Post Office Department (1970)
- Roy Cohn
- Roy Moore
- Rubin v. Coors Brewing Co. (1995)
- Rumsfeld v. Forum for Academic and Institutional Rights (2006)
- Rust v. Sullivan (1991)
- Rutan v. Republican Party of Illinois (1990)
- Ruth Ginsburg
- Ruthenberg v. Michigan (1927)
- Rutherford Institute
- Sable Communications of California v. Federal Communications Commission (1989)
- Safety Valve Theory
Under the safety valve theory, the ability of citizens to freely protest or make critical statements about government deters them from undertaking violent...
- Saia v. New York (1948)
- Salazar v. Bueno (2010)
- Salem Witch Trials
- Samuel Alito Jr.
- Samuels v. Mackell (1971)
- San Francisco Arts and Athletics v. U.S. Olympic Committee (1987)
- Sandra Day O'Connor
- Santa Fe Independent School District v. Doe (2000)
- Saxbe v. Washington Post Co. (1974)
- Scales v. United States (1961)
- Scarcity Rationale
- Schacht v. United States (1970)
- Schad v. Mount Ephraim (1981)
- Schaefer v. United States (1920)
- Schaumburg v. Citizens for a Better Environment (1980)
- Scheidler v. National Organization for Women (2006)
- Schenck v. Pro-Choice Network of Western New York (1997)
- Schenck v. United States (1919)
- Schneider v. State (1939)
- School Violence
- School Vouchers
- Scopes Monkey Trial
- Seattle Times Co. v. Rhinehart (1984)
- Secondary Effects Doctrine
- Secretary of State of Maryland v. Joseph H. Munson Co., Inc. (1984)
- Secretary of the Navy v. Avrech (1974)
- Secretary of the Navy v. Huff (1980)
- Securities and Exchange Commission
- Sedition Act of 1798 (1798)
- Sedition Act of 1918 (1918)
- Seditious Libel
- Self-government Rationale
- Senn v. Tile Layers Protective Union (1937)
- Separation of Church and State
- Serbian Eastern Orthodox Diocese v. Milivojevich (1976)
- Seres v. Lerner (2004)
- Settle v. Dickson County School Board (6th Cir.) (1995)
- Seventh-day Adventists
- Sexual Harassment Laws
- Shapero v. Kentucky Bar Association (1988)
- Shaw v. Murphy (2001)
- Shelton v. Tucker (1960)
- Sheppard v. Maxwell (1966)
- Sherbert v. Verner (1963)
- Shield Laws
- Shuttlesworth v. Birmingham (1969)
- Sicurella v. United States (1955)
- Simon and Schuster v. Members of the New York State Crime Victims Board (1991)
- SLAPP Suits
- Slaughterhouse Cases (1873)
- Sloan v. Lemon (1973 )
- Smith Act of 1940 (1940)
- Smith v. California (1959)
- Smith v. Daily Mail Publishing Co. (1979)
- Smith v. Goguen (1974)
- Smith v. United States (1977)
- Smith v.Arkansas State Highway Employees (1979)
- Smothers Brothers Comedy Hour
- Snake Handling
- Snepp v. United States (1980)
- Snyder v. Phelps (2011)
- Social Media
- Son of Sam Laws
- Sonia Sotomayor
- Sorrell v. IMS Health (2011)
- Southeastern Promotions, Ltd. v. Conrad (1975)
- Specialty License Plates
- Speech and Debate Clause
- Speiser v. Randall (1958)
- Spence Test
- Spence v. Washington (1974)
- Spies v. Illinois (1887)
- Sports Logos and Mascots
- St. Amant v. Thompson (1968)
- Stamp Act of 1765 (1765)
- Stanford v. Texas (1965)
- Stanley Fleishman
- Stanley v. Georgia (1969)
- Star Chamber
- State Constitutional Provisions on Expressive Rights
- State Constitutional Provisions on Religion
- State ex rel. Weiss v. City of Edgerton (1890)
- State v. Chandler (Del.) (1837)
- State v. Gruber (Md., Cty. Ct.) (1819)
- State v. McKee (Conn.) (1900)
- State v. Willson (S.C. App.) (1823)
- Staub v. City of Baxley (1958)
- Stephen Barnett
- Stephen Breyer
- Steven Swander
- Stewart v. McCoy (2002)
- Stone v. Graham (1980)
- Storer v. Brown (1974)
- Stormans, Inc. v. Wiesman (2016)
- Street v. New York (1969)
- Stromberg v. California (1931)
- Student Activity Fees
- Student Press Law Center
- Students for a Democratic Society
- Substantial Disruption Test
- Sugarman v. United States (1919)
- Sunday Blue Laws
The Supreme Court ruled in 1961 that Sunday blue laws may have religious origins, but they do not violate the First Amendment’s establishment clause. The most...
- Sunday Mail
- Sunshine Acts, Federal and State
- Superior Films v. Department of Education (1954)
- Surveillance and wiretapping
- Susan B. Anthony List v. Driehaus (2014)
- Swearingen v. United States (1896)
- Sweezy v. New Hampshire (1957)
- Symbolic Speech
- Taft-Hartley Act of 1947 (1947)
- Talley v. California (1960)
- Tashjian v. Republican Party of Connecticut (1986)
- Taxation of Newspapers
- Taxation of Religious Entities
- Taylor v. Mississippi (1943)
- Taylor v. Roswell Independent School District (10th Cir.) (2013)
- Teitel Film Corp. v. Cusack (1968)
- Telecommunications Act of 1996 (1996)
- Ten Commandments
- Tennessee Secondary School Athletic Association v. Brentwood Academy (2007)
- Terminiello v. Chicago (1949)
- Terrett v. Taylor (1815)
- Texas Monthly, Inc. v. Bullock (1989)
- Texas v. Johnson (1989)
- The Birth of a Nation
- The Catcher in the Rye
- The Chocolate War
- The CIA and the Cult of Intelligence
- The Devil in Miss Jones
- The Last Temptation of Christ
- The Miller Test
- Theodore Schroeder
- Thomas Bowdler
- Thomas Cooley
- Thomas Emerson
- Thomas Goldstein
- Thomas Jefferson
- Thomas Jefferson Center for the Protection of Free Expression
- Thomas Paine
- Thomas v. Board of Education, Granville (2d Cir.) (1979)
- Thomas v. Chicago Park District (2002)
- Thomas v. Collins (1945)
- Thomas v. Review Board of Indiana Employment Security Division (1981)
- Thompson v. Western States Medical Center (2002)
- Thornburgh v. Abbott (1989)
- Thornhill v. Alabama (1940)
- Thornton v. Caldor (1985)
- Thurgood Marshall
- Tillman Act of 1907 (1907)
- Tilton v. Richardson (1971)
- Time, Inc. v. Firestone (1976)
- Time, Inc. v. Hill (1967)
In Time, Inc. v. Hill, 385 U.S. 374 (1967), the Supreme Court extended the actual malice standard to a false light invasion of privacy. James Hill filed the...
- Time, Inc. v. Pape (1971)
- Time, Place, and Manner Restrictions
- Times Film Corp. v. City of Chicago (1961)
- Times Square
- Timmons v. Twin Cities Area New Party (1997)
- Tinker v. Des Moines Independent Community School District (1969)
- Tipper Gore
- Tobacco Advertising
- Toledo Newspaper Co. v. United States (1918)
- Tolerance Theory
- Tom Clark
- Tony and Susan Alamo Foundation v. Secretary of Labor (1985)
- Torcaso v. Watkins (1961)
- Tort Liability of Religious Groups
- Tory v. Cochran (2005)
- Town of Greece v. Galloway (2014)
- Trans World Airlines v. Hardison (1977)
- Trinity Lutheran Church of Columbia, Inc. v. Comer (2017)
- True Threats
- Trustees of Philadelphia Baptist Association v. Hart's Executors (1819)
- Trusz v. UBS Realty Investors, LLC (Conn.) (2015)
- Tucker v. Texas (1946)
- Tunis Wortman
- Turner Broadcasting System, Inc. v. Federal Communications Commission (1994, 1997)
- Turner v. Safley (1987)
- Two Guys from Harrison- Allentown, Inc. v. McGinley (1961)
- Unconstitutional Conditions Doctrine
- United Association of Journeymen Plumbers and Steamfitters v. Graham (1953)
- United Mine Workers of America, District 12 v. Illinois State Bar Association (1967)
- United Public Workers of America v. Mitchell (1947)
- United States Civil Service Commission v. National Association of Letter Carriers (1973 )
- United States ex rel. Milwaukee Social Democratic Publishing Co. v. Burleson (1921)
- United States ex rel. Turner v. Williams (1904)
- United States Postal Service v. Greenburgh Civic Associations (1981)
- United States v. Albertini (1985)
- United States v. Alvarez (2012)
- United States v. American Library Association (2003)
- United States v. Apel (2014)
- United States v. Auto Workers (1957)
- United States v. Ballard (1944)
- United States v. Congress of Industrial Organizations (1948)
- United States v. Cruikshank (1876)
- United States v. Edge Broadcasting Co. (1993)
- United States v. Eichman (1990)
- United States v. Grace (1983)
- United States v. Hudson and Goodwin (1812)
- United States v. Kokinda (1990)
- United States v. Lee (1982)
- United States v. Macintosh (1931)
- United States v. Morison (4th Cir.) (1988)
- United States v. National Treasury Employees Union (1995)
- United States v. O'Brien (1968)
- United States v. Orito (1973)
- United States v. Playboy Entertainment Group (2000)
- United States v. Press Publishing Co. (1911)
- United States v. Reidel (1971)
- United States v. Robel (1967)
- United States v. Rumely (1953)
- United States v. Schwimmer (1929)
- United States v. Seeger (1965)
- United States v. Smith (Ind.) (1909)
- United States v. Stevens (2010)
- United States v. The Progressive (W.D. Wis.) (1979)
- United States v. Thirty-seven Photographs (1971)
- United States v. Twelve 200-Ft. Reels of Film (1973)
- United States v. United Foods, Inc. (2001)
- United States v. Williams (2008)
- United States vs. Harriss (1954)
- United Steelworkers of America v. Sadlowski (1982)
- United Transportation Union v. State Bar of Michigan (1971)
- University of Pennsylvania v. EEOC (1990)
- Updegraph v. Commonwealth (Pa.) (1824)
- Uphaus v. Wyman (1959, 1960)
- USA Patriot Act of 2001 (2001)
- Utah Highway Patrol Association v. American Atheists, Inc. (2011)
- Valentine v. Chrestensen (1942)
- Valley Forge Christian College v. Americans United for Separation of Church and State (1982)
- Van Orden v. Perry (2005)
- Vance v. Universal Amusement Co., Inc. (1980)
- Vatican City, U.S. Recognition of
- Victor Rabinowitz
- Vidal v. Girard's Executors (1844)
- Video Games
- Vietnam War
- Viewpoint Discrimination
Viewpoint discrimination is a form of content discrimination particularly disfavored by the courts. Because the government is essentially taking sides in a...
- Village of Hoffman Estates v. Flipside (1982)
- Village of Skokie v. National Socialist Party of America (Ill) (1978)
- Vincent Blasi
- Virginia and Kentucky Resolutions of 1798
- Virginia Declaration of Rights
- Virginia Report of 1800
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976)
- Virginia Statute for Religious Freedom
- Virginia v. American Booksellers Association (1988)
- Virginia v. Black (2003)
- Virginia v. Hicks (2003)
- W.E.B. DuBois Clubs of America v. Clark (1967)
- Walker v. City of Birmingham (1967)
- Walker v. Texas Division, Sons of Confederate Veterans (2015)
- Wall of Separation
- Wallace v. Jaffree (1985 )
- Walter Pollak
- Walz v. Tax Commission of the City of New York (1970)
- Ward Churchill
- Ward v. Rock against Racism (1989)
- Warren Burger
- Watchtower Bible and Tract Society v. Village of Stratton (2002)
- Waters v. Churchill (1994)
- Watkins v. United States (1957)
- Watson v. Jones (1871)
- Watts Factors
- Watts v. United States (1969)
- Wayte v. United States (1985)
- Welsh v. United States (1970)
- West v. Derby Unified School District (10th Cir.) (2000)
- West Virginia State Board of Education v. Barnette (1943)
- Wheaton v. Peters (1834)
- White v. Nicholls (1845)
- Whitehill v. Elkins (1967)
- Whitney v. California (1927)
- Widmar v. Vincent (1981)
- Wieman v. Updegraff (1952)
- Wilkinson v. United States (1961)
- William Benbow
- William Blackstone
- William Brennan Jr.
- William Douglas
- William Jennings Bryan
- William Kunstler
- William Penn
- William Rehnquist
- William Taft
- Williams v. Rhodes (1968)
- Williams-Yulee v. Florida Bar (2015)
- Wilson v. Layne (1999)
- Winters v. New York (1948)
- Wireless Ship Act of 1910 (1910)
- Wisconsin v. Mitchell (1993)
- Wisconsin v. Yoder (1972 )
- Witters v. Washington Department of Services for the Blind (1986 )
- Wolff v. McDonnell (1974)
- Wolman v. Walter (1977)
- Wolston v. Reader's Digest Association (1979)
- Wood v. Georgia (1962)
- Wood v. Moss (2014)
- Wooley v. Maynard (1977)
- Workplace Religious Freedom Act
- World War I
- World War II
- Yates v. United States (1957)
- Yellow Journalism
- Young v. American Mini Theatres (1976)
- Younger v. Harris (1971)
- Zacchini v. Scripps-Howard Broadcasting Co. (1977)
- Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio (1985)
- Zechariah Chafee Jr.
- Zelman v. Simmons-Harris (2002)
- Zemel v. Rusk (1965)
- Zeran v. America Online, Inc. (4th Cir.) (1997)
- Zobrest v. Catalina Foothills School District (1993)
- Zoning Laws
- Zorach v. Clauson (1952 )
- Zurcher v. Stanford Daily (1978)
- Zwickler v. Koota (1967)