Case Categories: Anti-Discrimination Laws

This is a list of First Amendment cases involving discrimination laws and policies.

Laws and policies established to protect individuals from discrimination based on race, sex, ethnicity, age and religion can present the question of how to balance competing rights to free speech and expression while also protecting the rights of certain groups to live and work in an environment free from discrimination.

• Avis Rent-a-Car System v. Aguilar (2000)

  Avis Rent-a-Car System v. Aguilar (2000) dealt with derogatory remarks in the workplace. A justice said the speech in question was protected by the First...

• Bob Jones University v. United States (1983)

  Bob Jones University v. United States (1983) held that the IRS may deny tax-exempt status to institutions that violate racial policy, even if the violations are...

• Boy Scouts of America v. Dale (2000)

  Boy Scouts of America v. Dale (2000) ruled that the Boy Scouts had the First Amendment expressive association right to revoke the membership of a gay assistant...

• Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos (1987)

  Corporation of the Presiding Bishop of the LDS Church v. Amos (1987) said that religious bodies can discriminate based on religion without violating the First...

• Elane Photography v. Willock (2013)

  Elane Photography v. Willock (New Mexico 2013) said a law prohibiting wedding photographers from discriminating on basis of sexual orientation did not violate...

• Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. (2015)

  EEOC v. Abercrombie & Fitch Stores, Inc. (2015) ruled that an employer could be liable for refusing to hire an applicant to avoid accommodating a religious...

• Fulton v. City of Philadelphia (2021)

  The Supreme Court in Fulton v. City of Philadelphia (2021) upheld the religious rights of Catholic Social Services, saying the agency’s refusal to certify...

• Hishon v. King & Spalding (1984)

  Hishon v. King & Spalding (1984) said that First Amendment freedom of association did not excuse a law firm from laws prohibiting discrimination on the basis of...

• Hughes v. Superior Court of California (1950)

  Hughes v. Superior Court of California Court (1950) said an injunction against picketing to pressure employers to hire on a racial basis didn't violate the...

• Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995)

  Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995) said the First Amendment expression rights of a group holding a parade trumped anti-...

• Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)

  Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) used the First Amendment to uphold the right of the store owner to refuse to custom design a...

• NetChoice v. Attorney General of Florida (11th Circuit) (2022)

  The 11th Circuit Court of Appeals in 2022 upheld an injunction against a Florida law, the "Stop Social Media Censorship Act," saying it likely violated the...

• NetChoice v. Paxton (5th Circuit) (2022)

  The 5th U.S. Circuit Court of Appeals in NetChoice v. Paxton upheld a Texas law barring social media companies from censoring users based on their viewpoints...

• New York State Club Association, Inc. v. City of New York (1988)

  New York State Club Association, Inc. v. City of New York (1988) held that a city ordinance prohibiting discrimination in places of public accommodation was...

• Roberts v. United States Jaycees (1984)

  Roberts v. United States Jaycees (1984) was the first Supreme Court decision to balance the First Amendment right of association with anti-discrimination laws...