Articles

This is an alphabetical listing of all articles in The First Amendment Encyclopedia. For more information, see About the First Amendment Encyclopedia.

• 1797 Treaty of Tripoli

  The 1797 Treaty of Tripoli has been used by some to counter arguments that the United States is a "Christian nation." The treaty, aimed to protect American...

• 2 Live Crew

  A Florida court said 2 Live Crew's rap lyrics were obscene, but a circuit court reversed the decision, saying the music was protected by the First Amendment...

• 303 Creative LLC v. Elenis (10th Circuit) (2021)

  The 10th U.S. Circuit Court of Appeals upheld a Colorado anti-discrimination law after a First Amendment challenge by a wedding website designer who said it...

• 44 Liquormart, Inc. v. Rhode Island (1996)

  44 Liquormart v. Rhode Island (1996) advanced First Amendment protections for commercial speech when it struck down a state law banning the advertising of...

• A Quantity of Books v. Kansas (1964)

  In A Quantity of Books v. Kansas (1964), the Court held that a state statute allowing obscene materials to be seized and confiscated violated the First...

• A. Mitchell Palmer

  A. Mitchell Palmer directed the "Palmer raids," a series of roundups of thousands of radicals suspected of communist subversion. The raids violated First...

• Aaron Caplan

  Aaron Caplan is a First Amendment scholar who has focused on Internet free speech cases and has litigated for the ACLU. He teaches at Loyola Law School...

• Abe Fortas

  Supreme Court Justice Abe Fortas wrote several influential First Amendment opinions, including Tinker v. Des Moines Independent Community School District (1969...

• Abington School District v. Schempp (1963)

  Abington School District v. Schempp (1963) ended devotional exercises in public schools because the First Amendment forbade the recognition of one religion over...

• Abolitionists and Free Speech

  Before the Civil War, pro-slavery legislators attempted to squelch anti-slavery speech and writing through gag rules and other anti-First Amendment measures...

• Abood v. Detroit Board of Education (1977)

  Abood v. Detroit Board of Education (1977) said that requiring government employees to pay union dues that weren't used for political purposes did not violate...

• Abortion Protests

  The competing right under Roe v. Wade of women's access to abortion clinics must be balanced against the First Amendment rights of abortion protesters...

• Abortion, Privacy Rights and Religion

  The rights to privacy and First Amendment freedom of religion have been raised as constitutional protections for a woman's right to have an abortion. But the U....

• 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. U.S., the Supreme Court in 1919 upheld the convictions of several individuals under the 1918 Sedition Act for distributing leaflets opposed to U.S...

• Absolutists

  Absolutists believe that the First Amendment means that state and federal governments may pass no laws abridging the rights of religion, speech, press or...

• Academic Bill of Rights

  David Horowitz's Academic Bill of Rights attempts to establish principles of the First Amendment on college campuses that Horowitz says have been violated by...

• Academic Freedom

  Academic freedom is a First Amendment principle that teachers, students and educational institutions should be able to pursue knowledge without government...

• Access to Courtrooms

  Although the First Amendment doesn't mention freedom of access to courtrooms, the Supreme Court has held that the public right to attend criminal proceedings is...

• Accommodationism and Religion

  Accommodationism says the First Amendment promotes a beneficial relationship between religion and government. It is a way to interpret the establishment and...

• Action for Children's Television v. Federal Communications Commission (D.C. Cir.) (1995)

  Action for Children's Television v. FCC (D.C. Cir. 1995) said the restricting indecent television programming during the day did not violate the First Amendment...

• Actual Malice

  Actual malice is the legal standard the Supreme Court uses to protect the media in libel cases in determining when public officials or figures may win damages...

• 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...

• Adderley v. Florida (1966)

  In Adderly v. Florida (1966), the Supreme Court said stopping protestors from blocking access to a jail did not suppress their First Amendment freedoms...

• Adler v. Board of Education (1952)

  Adler v. Board of Education (1952) upheld a state law that prevented members of subversive groups from teaching. Dissenters said the law violated First...

• Adult Film Association of America

  The Adult Film Association of America was founded as the first trade association of pornographic film producers, working to defend the First Amendment rights of...

• Adventures of Huckleberry Finn

  Mark Twain's Adventures of Huckleberry Finn has faced censorship since its publication in 1885. Alleged racist material has been most often cited for banning...

• Advocacy of Illegal Conduct

  Mere advocacy of illegal conduct was not protected by the First Amendment until Brandenburg v. Ohio (1969), which created the incitement to imminent lawless...

• 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 to protect a university's admission rights and to uphold use of...

• Agency for International Development v. Alliance for Open Society (2013)

  Agency for International Development v. Alliance for Open Society (2013) said barring funding for NGOs not explicitly opposed to certain policies violated the...

• Agency for International Development v. Alliance for Open Society International, Inc. II (2020)

  The Supreme Court in 2020 ruled that First Amendment speech protections did not apply to foreign organizations in affirming a law barring AIDS funding to...

• Agostini v. Felton (1997)

  Agostini v. Felton (1997) ruled that a New York program allowing public school teachers to provide remedial instruction in private schools did not violate the...

• Aguilar v. Felton (1985)

  Aguilar v. Felton (1958) said that New York had violated the First Amendment by paying public school teachers to teach low-income students in private religious...

• Aid to Parochial Schools

  The Supreme Court has ruled in many cases involving government aid to religious schools. The Court primarily has weighed whether such aid violates the First...

• Aid to Religious Colleges and Universities

  Government aid to religious colleges presents several First Amendment–related issues including employment policies, construction grants and student...

• Air Wisconsin Airlines Corp. v. Hoeper (2014)

  Air Wisconsin Airlines Corp. v. Hoeper (2014) dealt with immunity for reporting information that might be considered defamatory and unprotected by the First...

• Albert Gallatin

  Albert Gallatin, best known as President Thomas Jefferson’s secretary of the Treasury, promoted civil liberties, including those found in the First Amendment...

• Alberts v. California (1957)

  Alberts v. California (1957) marks the first time the Supreme Court specifically ruled that obscenity does not fall under the protection of the First Amendment...

• Alcohol Advertising

  Alcohol advertising is protected under the First Amendment as long as it does not promote unlawful activity and is not misleading, but it can be regulated...

• Alex Kozinski

  Alex Kozinski, a former judge on the 9th U.S. Circuit Court of Appeals, is well-known for his First Amendment writings in the areas of commercial speech and...

• Alexander Bickel

  Alexander Bickel, a well-known legal scholar, was the attorney for the New York Times in the Pentagon Papers case that advanced First Amendment press freedom...

• Alexander Hamilton

  Though initially opposed to the Bill of Rights, Alexander Hamilton had a lifelong concern with the individual liberties guaranteed by the First Amendment...

• Alexander Meiklejohn

  Alexander Meiklejohn argued that the First Amendment’s primary purpose is to ensure that voters are free to debate in order to make informed choices about...

• Alexander v. United States (1993)

  Alexander v. United States (1993) rejected claims that the First Amendment rights of a petitioner convicted under obscenity and racketeering laws had been...

• Alexis de Tocqueville

  Alexis de Tocqueville wrote one of the most profound discussions of American democracy in the 19th century. He was particularly impressed by the role of First...

• Alfred Knight III

  Alfred M. Knight III was a Nashville-based attorney who specialized in First Amendment and open government litigation. For much of his career, he represented...

• Algernon Sidney

  Algernon Sidney was the world’s most celebrated martyr for free speech. Sidney became a hero to American Founding Fathers who used the First Amendment to...

• Aliens

  Although the First Amendment to the U.S. Constitution makes no distinction between citizens and noncitizens, the Court has not always treated these groups the...

• Alliance Defending Freedom

  The Alliance Defending Freedom is a conservative Christian organization dedicated to issues connected to First Amendment religious freedom and family...

• Alvin Goldstein

  Alvin Goldstein was an outspoken publisher of pornography and advocate of free speech who was engaged in several First Amendment battles in the courts...

• Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza (1968)

  In Amalgamated Food Employees v. Logan Valley Plaza (1968), the Court held that state courts could not enjoin peaceful picketing in a private shopping mall...

• American Academy of Religion v. Chertoff (S.D.N.Y) (2006)

  In American Academy of Religion v. Chertoff (2006), a New York court affirmed the First Amendment rights of scholars who had invited an Islamic scholar to teach...

• American Amusement Machine Association v. Kendrick (7th Cir.) (2001)

  American Amusement Machine Association v. Kendrick (7th Cir. 2001) ruled that an ordinance limiting minors' access to violent video games violated the First...

• American Association of University Professors

  The American Association of University Professors represents the interests of academics and provides assistance to protect the First Amendment academic freedom...

• American Aurora

  The book American Aurora illustrates the use of newspapers as partisan instruments and the precariousness of First Amendment press freedom in early U.S. history...

• American Booksellers Association v. Hudnut (7th Cir.) (1985)

  In American Booksellers Association v. Hudnut (1985), the 7th Circuit Court said an Indianapolis anti-pornography ordinance violated the First Amendment...

• American Booksellers Foundation for Free Expression

  The American Booksellers Foundation for Free Expression promotes the free exchange of ideas by defending the First Amendment rights of booksellers against...

• American Center for Law and Justice

  The American Center for Law and Justice, the legal advocacy arm of religious conservatives, litigates issues of First Amendment religious freedom and “family...

• American Civil Liberties Union

  The American Civil Liberties Union states as its mission the protection and preservation of First Amendment rights, equal protection under the law, and the...

• American Civil Liberties Union v. National Security Agency/Central Security Service (E.D. Mich.) (2006)

  ACLU v. National Security Agency/Central Security Service (E.D. Mich. 2006) issued an injunction based on First Amendment claims against a terrorist...

• American Committee for Protection of Foreign Born v. Subversive Activities Control Board (1965)

  American Committee for Protection of Foreign Born v. Subversive Activities Control Board (1965) said the control board should reconsider a group's communist...

• American Communications Association v. Douds (1950)

  American Communications Association v. Douds (1950) said the requiring unions to affirm their leaders were not Communists did not violate the First Amendment...

• American Federation of Labor v. American Sash and Door Co. (1949)

  American Federation of Labor v. American Sash and Door Co. (1949) upheld a right-to-work amendment to the Arizona constitution against First Amendment...

• American Federation of Labor v. Swing (1941)

  American Federation of Labor v. Swing (1941) held that the state’s policy of forbidding picketing when there was no employer-employee dispute violated the...

• American Freedom Defense Initiative v. King County (2016)

  American Freedom Defense Initiative v. King County (2016), which involved First Amendment implications of advertising on public transit systems, was denied...

• 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 American Indian Religious Freedom Act of 1978 provided that it would protect First Amendment religious rights of Native Americans, a religious minority...

• American Legion v. American Humanist Association (2019)

  American Legion v. American Humanist Association (2019) ruled that a longstanding cross erected to honor slain servicemen does not violate the First Amendment...

• American Library Association

  The American Library Association supports the First Amendment rights of freedom of speech and press as they pertain to libraries, librarians, and library...

• American Life League v. Reno (4th Cir.) (1995)

  American Life League v. Reno (4th Cir. 1995) upheld the constitutionality of the Freedom of Access to Clinic Entrances Act against a First Amendment challenge...

• 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)

  American Radio Association v. Mobile Steamship Association (1974) held that an injunction against picketing of foreign ships did not violate the First Amendment...

• American School of Magnetic Healing v. McAnnulty (1902)

  American School of Magnetic Healing v. McAnnulty (1902) furthered First Amendment freedoms by limiting the discretion of the postmaster general concerning mail...

• American Society of News Editors

  The American Society of News Editors concerns itself with issues of importance to newspaper editors and journalism in general, including First Amendment issues...

• Americans for Prosperity Foundation v. Bonta (2021)

  In Americans for Prosperity v. Bonta, the U.S. Supreme Court invalidated a California requirement that charities share the names of donors who contributed more...

• Americans United for Separation of Church and State

  Americans United for Separation of Church and State is committed to separation of government and religious institutions. AU has been involved in several First...

• Amish and Mennonites

  The pacifism and effort of the Amish and Mennonites to separate themselves from worldliness have led to a number of important First Amendment legal precedents...

• Amy Coney Barrett

  Amy Coney Barrett was appointed to the U.S. Supreme Court in October 2020 to fill a vacancy after Justice Ruth Bader Ginsberg died. Still new to the court, it...

• Anarchy Statutes

  Most anarchy statutes were passed in the early 1900s in response to the growing visibility of anarchists. Attempts to stifle anarchy led to restrictions on...

• Anderson v. Celebrezze (1983)

  Anderson v. Celebrezze (1983) struck down on First Amendment grounds a state law that imposed early filing requirements for an independent presidential...

• Anderson v. City of Hermosa Beach (9th Circuit) (2010)

  Anderson v. City of Hermosa Beach (9th Cir. 2010) struck down a city’s ban on tattoo parlors. The court ruled that tattooing was a form of free speech under...

• Anderson v. Dunn (1821)

  Anderson v. Dunn (1821) upheld the right of Congress to cite individuals for contempt but recognized that contempt citations could suppress First Amendment...

• 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, a radical feminist writer and theorist, rejected First Amendment protections for pornography, arguing that pornography encourages violence...

• Animal Sacrifice

  In its only animal sacrifice case, the Court said a city ordinance prohibiting animal sacrifice violated the First Amendment by targeting the Santeria religion...

• Anne Hutchinson

  Anne Hutchinson, a Puritan religious leader who was tried and convicted for heresy, has been portrayed as a defender of freedom of religion pre-First Amendment...

• Anonymous Speech

  The Supreme Court has protected anonymity under the First Amendment, but it has balanced this protection against competing interests, notably in the area of...

• Ansonia Board of Education v. Philbrook (1986)

  Ansonia Board of Education v. Philbrook (1986) dealt with religious accommodation and the First Amendment in considering a teacher's request for time off for...

• Anthony Comstock

  Anthony Comstock imposed his Victorian values on a rapidly urbanizing United States, sometimes in disregard for the protections afforded by the First Amendment...

• Anthony Kennedy

  Anthony Kennedy has frequently been the swing vote in First Amendment cases. He has tended to side with protections for free speech and accommodation on...

• Anthony Lewis

  Anthony Lewis was a Pulitzer Prize-winning journalist who covered the Supreme Court for the New York Times and authored several First Amendment books...

• Anti-Dial-a-Porn Act of 1989 (1989)

  The Anti-Dial-a-Porn Act of 1989 was overturned for a blanket prohibition on indecent and obscene telephone recordings. Indecency is protected by the First...

• Anti-Discrimination Laws

  Laws that protect individuals from discrimination based on race, sex, ethnicity, age, religion, or sexual orientation often have First Amendment implications...

• Anti-Federalists

  The opposition of the Anti-Federalists to the 1787 U.S. Constitution without a bill of rights was an important factor leading to the adoption of the First...

• Anti-Mask Laws

  Most anti-mask laws do not target specific groups. Instead, they typically ban mask wearing that intimidates. Opponents of such laws invoke First Amendment...

• Antonin Scalia

  Supreme Court Justice Antonin Scalia viewed First Amendment protections in a narrow fashion. He was a staunch conservative and viewed the Constitution as an...

• Aptheker v. Secretary of State (1964)

  Aptheker v. Secretary of States (1964) overturned a law allowing the state department to deny passports to American Communists because it violated the First...

• Arcara v. Cloud Books, Inc. (1986)

  Arcara v. Cloud Books, Inc. (1986) upheld the application of a public health law to close an adult bookstore. The store contended the closure violated the First...

• Archdiocese of Washington. v. Wash. Metro. Area Transit Authority (2020)

  The U.S. Supreme Court refused to hear an appeal of a case in which the Washington Metro Transit Authority refused to allow an ad from the Catholic Archdiocese...

• Archibald Cox

  Archibald Cox is best known for his role as special prosecutor in the Watergate investigation, but his career also involved a number of First Amendment issues...

• Arizona Christian School Tuition Organization v. Winn (2011)

  Arizona Christian School Tuition Organization v. Winn (2011) denied standing to a group of taxpayers who raised a First Amendment objection to a system of tax...

• Arizona Free Enterprise Club's Freedom Club PAC v. Bennett (2011)

  Arizona Free Enterprise Club's Freedom Club PAC v. Bennett (2011) struck down on First Amendment grounds a law that sought to reduce corruption in Arizona...

• 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 Times v. Waltrip (8th Circuit) (2022)

  The 8th U.S. Circuit Court of Appeals in 2022 upheld an Arkansas law that requires contractors with the state to sign a pledge not to boycott Israel despite...

• Arkansas Writers' Project, Inc. v. Ragland (1987)

  Arkansas Writers’ Project, Inc. v. Ragland (1987) struck down a law exempting newspapers and other publications, but not general interest magazines, from the...

• Art Censorship

  Artistic expression has historically been subject to some measure of censorship in the United States. The First Amendment provides significant protection to...

• Arthur Goldberg

  Supreme Court Justice Arthur Goldberg was a consistent vote for the protection of First Amendment freedoms, including in the landmark case New York Times Co. v...

• Arthur Hays

  Arthur Hays was founding member of the American Civil Liberties Union. Although he had many corporate clients, he is best known for defending First Amendment...

• Arthur Kinoy

  Arthur Kinoy was a well-known civil liberties attorney, who tirelessly advocated for liberal causes. He argued a few First Amendment cases before the Supreme...

• Arthur Miller

  Arthur Miller's criticisms of McCarthyism in one of his plays led to a congressional investigation, where he stood by his First Amendment rights of association...

• As-applied Challenges

  In as-applied challenges in First Amendment cases, litigants contend that a law or regulation is unconstitutional as applied to their expressive activities...

• Ashcroft v. American Civil Liberties Union (2002, 2004)

  Ashcroft v. American Civil Liberties Union (2004) struck down a law designed to protect children from Internet pornography on grounds it violated the First...

• Ashcroft v. Free Speech Coalition (2002)

  Ashcroft v. Free Speech Coalition (2002) struck down a ban virtual child pornography, which, being neither obscene nor child pornography, was protected by the...

• Ashton v. Kentucky (1966)

  Ashton v. Kentucky (1966) held that most criminal libel laws violated the First Amendment. The laws had allowed charges against those who published false and...

• Associated Press v. National Labor Relations Board (1937)

  Associated Press v. National Labor Relations Board (1937) upheld the application of a labor law to the Associated Press, saying press had no special exemption...

• Associated Press v. United States (1945)

  Associated Press v. United States (1945) upheld an injunction against The Associated Press for violating anti-trust laws, saying the anti-trust law promoted the...

• 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...

• Atheism

  Governments must treat atheism like a religion for purposes of the First Amendment. The establishment clause prohibits the government from favoring religion...

• Attorney Advertising

  Bar regulators attempt to protect the public from misleading attorney ads while ensuring that attorneys retain a measure of First Amendment free expression...

• Attorney General's Commission on Pornography (1986)

  The Attorney General’s Commission on Pornography in 1986 recommended ways to halt the spread of pornography. Critics said some of the recommendations violated...

• Attorney General's List of Subversive Organizations

  The Attorney General's List of Subversive Organizations cataloged organizations engaged in supposed subversive activity. The list chilled First Amendment...

• Attorney Speech

  Lawyers do not forfeit all of their free-speech rights as members of a profession, but their speech rights are limited in many ways. Rules of professional...

• Attorney speech inside a courtroom

  Whether judges can prohibit attorneys from wearing pins or symbols with a political message in a courtroom is an unsettled First Amendment issue highlighted...

• Austin v. Michigan Chamber of Commerce (1990)

  Austin v. Michigan Chamber of Commerce (1990) upheld against a First Amendment challenge a law prohibiting nonprofit corporations from using general revenues...

• Autopsies and Treatment of the Dead

  Sometimes state autopsy laws conflict with religious objections to such procedures, bringing into play First Amendment questions of religious liberty. Public...

• 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...

• Bachellar v. Maryland (1970)

  Bachellar v. Maryland (1970) dealt with the First Amendment and protestors who may have been convicted simply for their views against the Vietnam War...

• Bad Tendency Test

  The bad tendency test became the most influential standard used by courts to determine whether criticism of the government during World War I was protected by...

• Baggett v. Bullitt (1964)

  Baggett v. Bullitt (1964) struck down a state law that mandated loyalty oaths for state employees, thereby interfering with their First Amendment rights of...

• Baird v. State Bar of Arizona (1971)

  Baird v. State Bar of Arizona (1971) is one of several Supreme Court rulings that extended greater First Amendment protection to admission to the bar...

• Baker v. Fales (1820)

  Baker v. Fales (Mass. Supreme Court, 1820) illustrates some of the problems that states with established churches faced prior to their abolition in 1833...

• Baker v. Nachtrieb (1856)

  Baker v. Nachtrieb (1856) does not mention the First Amendment, but it furthered religious free exercise by sustaining an agreement between a religious society...

• Bakery and Pastry Drivers and Helpers Local v. Wohl (1942)

  Bakery and Pastry Drivers and Helpers Local v. Wohl (1942) struck down an injunction against picketers, applying freedom of speech to New York via the 14th...

• Ballot Access

  Ballot access refers to procedures regulating how candidates will be presented to voters in elections. Ballot access continues to be the subject of First...

• Balzac v. People of Porto Rico (1922)

  Balzac v. People of Porto Rico (1922) affirmed a libel decision. The main issues were jurisdiction and whether a right to a jury trial applied in Puerto Rico...

• Banned Books Week

  Banned Books Week is intended to make the public more aware of the frequent challenges to the First Amendment’s guarantees of freedom of speech and press...

• Bantam Books, Inc. v. Sullivan (1963)

  Bantam Books, Inc. v. Sullivan (1963) ruled that states must provide adequate procedural safeguards when establishing a mechanism to declare books obscene...

• Baptists

  Baptists were the first religious group to adopt separation of church and state as a fundamental article of faith. They have advocated for worldwide religious...

• 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)

  Barber v. Time (Mo. 1942) ruled that press freedom and individual privacy are not absolute rights and must be balanced. Courts must consider the "proper public...

• Barenblatt v. United States (1959)

  Barenblatt v. United States (1959) held that government could compel answers to political affiliation questions and that Communism justified limiting First...

• Barnes v. First Parish in Falmouth (1810)

  Barnes v. First Parish in Falmouth (Mass. 1810) found that the state could establish a religion and that a preacher not of that denomination could not receive...

• Barnes v. Glen Theatre, Inc. (1991)

  Barnes v. Glen Theatre, Inc. (1991) ruled that states could regulate nude dancing without violating the First Amendment, even though such performances were...

• Barr v. American Association of Political Consultants (2020)

  The Supreme Court on July 6, 2020, struck down a provision in a robocall law that allowed government to use robocalls to collect debt, saying it was an...

• 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)

  Barrett v. Rosenthal (Cal. 2006) ruled that Section 230 of the Communications Decency Act gives those who republish defamatory comments online broad immunity...

• Barron v. Baltimore (1833)

  In Barron v. Baltimore (1833), the Court said framers of the Constitution did not intend the Bill of Rights to extend to the states, thus limiting it to the...

• 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)

  In Bates v. Little Rock (1960), the Court affirmed that freedom of association finds protection within the First Amendment’s free speech and assembly clauses...

• Bates v. State Bar of Arizona (1977)

  Bates v. State Bar of Arizona (1977) held that attorney advertising was a form of commercial speech protected by the First Amendment, similar to pharmacy...

• BE and K Construction Co. v. National Labor Relations Board (2002)

  BE and K Construction Co. v. NLRB (2002) interpreted the First Amendment right to petition and ruled that the employers could not be punished for filing a...

• Beard v. Banks (2006)

  Beard v. Banks (2006) upheld, against a First Amendment challenge, prison restrictions on inmates’ reading materials, reinforcing the Court's deference to...

• Beatty v. Kurtz (1853)

  The Supreme Court ruling in Beatty v. Kurtz (1853) is an example of favoring church rights despite the First Amendment's clause against establishment of...

• Beauharnais v. Illinois (1952)

  Beauharnais v. Illinois (1952) is the precedent for the constitutionality of state group-libel laws, but later precedents were so powerful that the decision...

• Behind the Green Door

  Behind the Green Door (1972) was the first hard-core pornographic movie widely distributed in the U.S. It led to numerous obscenity prosecutions, particularly...

• Beilan v. Board of Education (1958)

  Beilan v. Board of Education (1958) glossed over First Amendment concerns and upheld a teacher's dismissal for refusing to answer questions about membership in...

• Bell v. Itawamba County School Board (5th Cir.) (2015)

  In Bell v. Itawamba County School Board (2012), the court ruled that school officials did not violate the First Amendment by punishing a student for posting a...

• Bell v. Maryland (1964)

  Bell v. Maryland (1964) arose from the trespass convictions of civil rights demonstrators who in 1960 held a “sit-in” to protest a restaurant's policy of...

• Bell v. Wolfish (1979)

  Bell v. Wolfish (1979) said a New York prison restriction against pretrial detainees' receiving hardcover books did not violate the First Amendment as it was...

• Bender v. Williamsport Area School District (1986)

  Bender v. Williamsport Area School District (1986) highlighted the importance of standing for anyone wishing to challenge perceived violations of the First...

• Benevolent Neutrality

  The idea that government can exercise “benevolent neutrality” toward religion attempts to combine the ideas of neutrality and accommodationism from First...

• Benjamin Cardozo

  Supreme Court Justice Benjamin Cardozo authored many opinions that supported freedom of the press and free speech, which he viewed as the foundation of liberty...

• Benjamin Franklin

  Benjamin Franklin, a man of many talents, helped shape the U.S. Constitution and was a lifetime champion of First Amendment freedoms, particularly freedom of...

• Benjamin Franklin Bache

  Benjamin Franklin Bache, grandson of Benjamin Franklin, was arrested under the Sedition Act of 1798. In his partisan journalism he was accused of libeling...

• Berisha v. Lawson (2021)

  Justices Clarence Thomas and Neil Gorsuch dissented in a July 2021 Supreme Court denial to review a defamation case against "War Dogs" author Guy Lawson, saying...

• Berkeley Free Speech Movement

  The Berkeley Free Speech Movement refers to college students who in the 1960s challenged many University of California campus regulations limiting their First...

• Bernstein v. United States Department of States (District Court of California) (1997)

  Bernstein v. United States Department of State (1997), in the Northern District Court of California, is the leading case applying First Amendment standards to...

• Bethel School District No. 403 v. Fraser (1986)

  In Bethel School District No. 403 v. Fraser (1986), an important First Amendment precedent, the Supreme Court said public school officials can prohibit...

• Beussink v. Woodland School District (E.D. Mo.) (1998)

  Beussink v. Woodland School District (1998) used the First Amendment to protect the rights of a student who maintained a website that was critical of his school...

• Bible Believers v. Wayne County (6th Cir.) (2015)

  Bible Believers v. Wayne County (2015) ruled that officials violated First Amendment rights of a Christian group when they were removed from a festival due to a...

• Biden v. Knight First Amendment Institute at Columbia University (2021)

  In Biden v. Knight First Amendment Institute, the Supreme Court vacated an appellate decision that ruled that President Donald Trump had violated the First...

• Bigelow v. Virginia (1975)

  Bigelow v. Virginia (1975) involved an ad printed for an abortion clinic and established that at least some commercial advertising should receive First...

• Bill Johnson's Restaurants, Inc. v. National Labor Relations Board (1983)

  Bill Johnson’s Restaurants, Inc. v. NLRB (1983) vacated an NLRB decision halting a libel suit. It implicated First Amendment freedoms of petition and press...

• Bill of Rights

  The Bill of Rights, the first 10 amendments to the U.S. Constitution, was established in 1791 to guard against an oppressive national government by establishing...

• Billboards

  Regulation of billboards raises many First Amendment issues such as to what extent can the government limit access to public billboards or prohibit privately...

• Bipartisan Campaign Reform Act of 2002 (2002)

  The Bipartisan Campaign Reform Act (2002) regulated campaign finances and electioneering communications. Such rules may be challenged if they limit freedom of...

• Birth Control

  Birth control is a way by which pregnancy from sexual intercourse can be prevented. Communication about birth control has not always received First Amendment...

• Bishop v. Aronov (11th Circuit Court) (1991)

  The 11th U.S. Circuit Court of Appeals upheld the University of Alabama's actions to stop a professor from interjecting religious views in a physiology class in...

• Black Lives Matter

  Black Lives Matter is a protest movement to call attention to police treatment of Black Americans. Response to protests have sometimes led to a chilling effect...

• Blacklists

  In the 1940s-'50s, a blacklist named people whose opinions or associations were deemed Communist. Opponents said blacklists and HUAC hearings violated free...

• Blaine Amendments

  Blaine amendments—19th century amendments to state constitutions—aimed to deny public funds for parochial schools and amplified the First Amendment's...

• Blasphemy

  Blasphemy laws punish people who express irreverence for religion and sacred things. Laws against blasphemy have disappeared in the U.S. because of the First...

• Blogging

  Blogging implicates many First Amendment issues. These include whether bloggers are protected by shield laws, anonymous defamatory messages, and campaign-...

• Blood Transfusions and Medical Care against Religious Beliefs

  First Amendment free exercise of religion is in question when medical care is refused due to religious beliefs. Courts must balance religious rights and child...

• Blount v. Rizzi (1971)

  In Blount v. Rizzi (1971) nullified provisions allowing the postmaster general to refuse to mail obscene matter. The First Amendment requires safeguards for...

• Blue Sky Laws

  Blue sky laws refers to each state’s set of securities laws and regulations. The Supreme Court said that states can regulate speech to prevent securities...

• Board of Airport Commissioners of the City of Los Angeles v. Jews for Jesus, Inc. (1987)

  Board of Airport Commissioners of the City of Los Angeles v. Jews for Jesus, Inc. (1987) invalidated an airport rule declaring the terminal closed to First...

• Board of County Commissioners v. Umbehr (1996)

  Board of County Commissioners v. Umbehr (1996) ruled that ending a trash hauler’s county contract because of his criticism of the board violated his First...

• 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...

• Board of Education of Kiryas Joel Village School District v. Grumet (1994)

  Board of Education of Kiryas Joel Village School District v. Grumet (1994) said a school district created for disabled children of a religious sect violated the...

• Board of Education of Oklahoma City v. National Gay Task Force (1985)

  Board of Education of Oklahoma City v. National Gay Task Force (1985) affirmed a ruling striking down a law punishing teachers for “public homosexual conduct...

• Board of Education of the City of Cincinnati v. Minor (1872)

  Board of Education v. Minor (1872), a state supreme court decision, preceded later First Amendment debates in the Supreme Court about religious instruction in...

• Board of Education of the Westside Community Schools v. Mergens (1990)

  In Board of Education of the Westside Community Schools v. Mergens (1990) the Court upheld the Equal Access Act, which barred religious discrimination against...

• Board of Education v. Allen (1968)

  Board of Education v. Allen (1968) rejected First Amendment challenges and upheld a state law allowing loans of textbooks to all schoolchildren, including in...

• Board of Education, Island Trees Union Free School District v. Pico (1982)

  Board of Education, Island Trees Union Free School District v. Pico (1982) held that public schools can't remove books to suppress ideas. Schools must follow...

• Board of Regents of the University of Wisconsin System v. Southworth (2000)

  Board of Regents of the University of Wisconsin System v. Southworth (2000) said universities may charge a fee to fund extracurricular speech through a...

• Board of Trustees of Scarsdale v. McCreary (1985)

  Board of Trustees of Scarsdale v. McCreary (1985) said that a Christmas display on public property did not violate the establishment clause of the First...

• 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)

  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...

• Bobbs-Merrill Co. v. Straus (1908)

  In Bobbs-Merrill Co. v. Straus (1908), the Supreme Court said authors could not control the price of subsequent sales of a book by copyrighting the book...

• Bolger v. Youngs Drug Products Corp. (1983)

  Bolger v. Youngs Drug Products Corp. (1983) invalidated a rule against mailing unsolicited contraceptive ads. The Court invoked First Amendment free-speech...

• Bond v. Floyd (1966)

  Bond v. Floyd (1966) held that legislators do not forfeit their right to speak on public issues, reaffirming that the First Amendment protects controversial...

• Book Banning

  Book banning, the most widespread form of censorship, occurs when books are pulled from libraries, school reading lists, or bookstores because someone objects...

• Boos v. Barry (1988)

  Boos v. Barry (1988) ruled that a D.C. law violated the First Amendment by banning the display of signs criticizing a foreign government outside that government...

• Borgner v. Florida Board of Dentistry (2002)

  The Court in Borgner v. Florida Board of Dentistry (2002) declined to review a ruling upholding a law requiring dentists to include disclaimers in ads for...

• Borough of Duryea v. Guarnieri (2011)

  Borough of Duryea v. Guarnieri (2011) addressed the issue of speech and petition by public employees under the First Amendment. Petitions should involve a...

• Bose Corp. v. Consumers Union of United States, Inc. (1984)

  Bose Corp. v. Consumers Union of United States, Inc. (1984) overturned the libel conviction of a magazine. Appeals courts hearing libel cases must independently...

• Bowen v. Kendrick (1988)

  Bowen v. Kendrick (1988) ruled that an act involving religious organizations and pregnancy services did not violate the establishment clause of the First...

• Bowen v. Roy (1986)

  Bowen v. Roy (1986) ruled that the government did not violate the First Amendment by assigning a Native American a Social Security number for welfare benefits...

• 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...

• Boycotts

  Courts have recognized boycotts as having First Amendment protection as long as their goals are to influence political reform rather than economic gain...

• Boyle v. Landry (1971)

  Boyle v. Landry (1971) reversed injunctions against enforcement statutes and ordinances prohibiting intimidation, despite a First Amendment plea by African-...

• Braden v. United States (1961)

  Braden v. United States (1961) upheld the conviction of a man who refused to answer questions before the HUAC. Justice Hugo Black dissented on First Amendment...

• Bradfield v. Roberts (1899)

  Bradfield v. Roberts (1899), the first case challenging federal expenses as a First Amendment violation, said funding a Catholic hospital did not violate the...

• Brandenburg v. Ohio (1969)

  In Brandenburg v. Ohio (1969), the Court ruled that speech advocating illegal conduct is protected by the First Amendment unless it is likely to incite “...

• Branti v. Finkel (1980)

  Branti v. Finkel (1980) ruled that the First Amendment protects public employees from dismissal based on their political beliefs. It pitted workers' rights...

• Branzburg v. Hayes (1972)

  Branzburg v. Hayes (1972) ruled that the First Amendment did not create a constitutional privilege protecting reporters from having to testify in grand jury...

• Braunfeld v. Brown (1961)

  Braunfeld v. Brown (1961) ruled that a state law that required retail businesses to close on Sunday did not violate the First Amendment’s free exercise clause...

• Bray v. Alexandria Women's Health Clinic (1993)

  Bray v. Alexandria Women’s Health Clinic (1993) dealt with the First Amendment right of protest and ruled that protesters’ actions were not a conspiracy...

• Breach of 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)

  Breard v. Alexandria (1951) upheld a city ordinance prohibiting unsolicited door-to-door sales, ruling that the ordinance did not violate the First Amendment...

• Brett Kavanaugh

  Supreme Court Justice Brett Kavanaugh, confirmed in 2018, authored many First Amendment decisions while on the U.S. Court of Appeals for the D.C. Circuit. Among...

• Bridges v. California (1941)

  Bridges v. California (1941) used the First Amendment to overturn contempt convictions against a newspaper and an individual who had criticized judicial...

• Bridges v. Wixon (1945)

  Bridges v. Wixon (1945) ruled that the U.S. could not deport a legal immigrant for his Communist Party affiliation. The Court said legal aliens had First...

• Broadcast Decency Enforcement Act of 2005 (2005)

  The Broadcast Decency Enforcement Act increased fines for violating indecency standards. First Amendment advocates are concerned about the act's chilling effect...

• Broadrick v. Oklahoma (1973)

  Broadrick v. Oklahoma (1973) held that states can limit their employees’ partisan political activities without violating their First Amendment rights...

• Brockett v. Spokane Arcades, Inc. (1985)

  Brockett v. Spokane Arcades, Inc. (1985) upheld a law concerning lewd films and gave a First Amendment clarification of the 'prurient interest' prong of the...

• Brotherhood of Railroad Trainmen v. Virginia ex rel. Virginia State Bar (1964)

  Brotherhood of Railroad Trainmen v. Virginia ex rel. Virginia State Bar (1964) said preventing union members from recommending legal counsel violated First...

• Brown v. Entertainment Merchants Association (2011)

  Brown v. Entertainment Merchants Association (2011) ruled that a state law prohibiting sale of violent video games to minors violated the First Amendment...

• Brown v. Glines (1980)

  Brown v. Glines (1980) said military service members have the right to petition Congress may not circulate petitions without approval from a base commander...

• Brown v. Hartlage (1982)

  Brown v. Hartlage (1982) struck down a decision invalidating an election of a candidate who retracted a promise. The Court said political candidates had First...

• Brown v. Louisiana (1966)

  Brown v. Louisiana (1966) ruled that a sit-in demonstration protesting segregation in a public library was protected symbolic speech under the First Amendment...

• Brown v. Socialist Workers Campaign Committee (1982)

  Brown v. Socialist Workers ’74 Campaign Committee (1982) said the First Amendment prohibits states from forcing minor political parties to reveal...

• Bruce Sanford

  Bruce William Sanford is considered one of the country’s leading First Amendment attorneys. He has argued for a federal shield law to protect reporters...

• Buckley v. American Constitutional Law Foundation (1999)

  Buckley v. American Constitutional Law Foundation (1999) struck down Colorado’s requirements that people circulating ballot petitions be registered voters and...

• Buckley v. Valeo (1976)

  Buckley v. Valeo (1976) said limits on campaign contributions did not violate the First Amendment freedom of expression, but limits on campaign spending were...

• Buehrle v. City of Key West (11th Cir.) (2015)

  Buehrle v. City of Key West (11th Cir. 2015) said a city couldn't ban new tattoo parlors in its historic district without running afoul of the First Amendment...

• Building Service Employees International Union v. Gazzam (1950)

  Building Service Employees International Union v. Gazzam (1950) said the First Amendment did not protect picketers who were coercing employers to break state...

• Bumper Stickers

  Courts have ruled that the First Amendment protects bumper stickers even when they are profane. This protection is less certain for public employees and...

• Burdick v. Takushi (1992)

  Burdick v. Takushi (1992) upheld a ban on write-in voting. The Court ruled that such bans do not violate First Amendment rights of free expression and political...

• Burns v. United States (1927)

  In Burns v. United States (1927), with companion cases, the Supreme Court ruled that the California Syndicalism Act did not violate the First Amendment...

• Burnside v. Byars (5th Cir.) (1966)

  Burnside v. Byars (5th Cir. 1966) protected students’ First Amendment rights on school grounds. The decision served as a key precedent for Tinker v. Des...

• Burson v. Freeman (1992)

  Burson v. Freeman (1992) upheld a law providing for a “campaign free zone” around polling places. It is rare that a law limiting First Amendment rights...

• 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)

  Burwell v. Hobby Lobby Stores, Inc. (2014) said the government could not require corporations to provide coverage for contraceptives that violated the owners...

• Butler v. Michigan (1957)

  Butler v. Michigan (1957) struck down a law against obscene materials that could be harmful to youths. The law violated the First Amendment by being overbroad...

• Butterworth v. Smith (1990)

  Butterworth v. Smith (1990) said prohibiting grand jury witnesses from disclosing their testimony after the grand jury term has expired violated First Amendment...

• Byrne v. Karalexis (1969, 1971)

  Byrne v. Karalexis (1969) stayed an injunction against prosecutions of theater owners for showing an obscene movie. Dissenters said the movie was protected by...

• Byron White

  Byron Raymond White was a Supreme Court justice whose First Amendment opinions tended to give less importance to press freedom and student speech concerns...

• C-SPAN

  Founded in the 1970s to provide public access to the political process, C-SPAN began airing floor activities of the House of Representatives in 1979...

• C. Edwin Baker

  C. Edwin Baker was a leading First Amendment scholar who wrote Human Liberty and Freedom of Speech. He described the liberty model justification for freedom of...

• Cable Communications Policy Act of 1984 (1984)

  The FCC gained jurisdiction to regulate cable in 1984 with the passage of the Cable Communications Policy Act. The act elicited several First Amendment...

• Cable Television Consumer Protection and Competition Act of 1992 (1992)

  Cable Television Consumer Protection and Competition Act of 1992 allowed for more FCC regulation. The law brought about First Amendment cases dealing with...

• Cafeteria Employees Union v. Angelos (1943)

  Cafeteria Employees Union v. Angelos (1943) ruled a court had violated the First Amendment rights of peaceful picketers in issuing two broad injunctions against...

• Cain v. Kentucky (1970)

  Cain v. Kentucky (1970) reversed a state court opinion which had said the movie I, A Woman was obscene. Obscenity is not protected by the First Amendment...

• California Assembly Bill 1570

  Critics of a California law cracking down on authentication of autographed collectibles say it violates the First Amendment by limiting the spread of...

• California Democratic Party v. Jones (2000)

  California Democratic Party v. Jones (2000) invalidated a state law that changed political primaries into “open” primaries. The Court based its decision on...

• California Motor Transport Co. v. Trucking Unlimited (1972)

  California Motor Transport Co. v. Truckers Unlimited (1972) said the First Amendment does not protect companies when they work together to prevent others from...

• California v. LaRue (1972)

  California v. LaRue (1972) said that provisions regulating adult entertainment presented in establishments licensed to sell liquor did not violate the First...

• Cameras in the Courtroom

  Allowing cameras in courtrooms has stirred controversy and led to Supreme Court decisions in First Amendment cases. The Court has allowed states to experiment...

• Cameron v. Johnson (1965, 1968)

  Cameron v. Johnson (1968) said an anti-picketing law did not violate the First Amendment when taken on its face. It applied to blocking entrances of public...

• Cammarano v. United States (1959)

  Cammarano v. United States (1959) said businesses cannot deduct from their taxes money spent to influence legislation. The Court said the law did not violate...

• Campbell v. Acuff-Rose Music, Inc. (1994)

  Campbell v. Acuff-Rose Music, Inc. (1994) protected a parody from copyright infringement, illustrating how the Court viewed the relationship between the First...

• Campus Speech Codes

  Courts having ruled that college campus speech codes violate students’ First Amendment rights, but arguments that colleges have a legitimate interest in such...

• Canady v. Bossier Parish School Board (5th Cir.) (2001)

  Canady v. Bossier Parish School Board (5th Cir. 2001) ruled that a public school district did not violate students’ First Amendment rights when it required...

• Cantrell v. Forest City Publishing Co. (1974)

  Cantrell v. Forest City Publishing Co. (1974) ruled against a newspaper for an article casting the plaintiff in false light, showing the limits of First...

• 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 have 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 First Amendment...

• Capitol Riot of Jan. 6, 2021

  The storming of the U.S. Capitol on Jan. 6, 2021, and the related "Stop the Steal" campaign has set off a number of First Amendment and legal issues involving...

• Capitol Square Review and Advisory Board v. Pinette (1995)

  Capitol Square Review and Advisory Board v. Pinette (1995) ruled that a KKK Christmas display did not violate the establishment clause of the First Amendment...

• 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...

• Carey v. Brown (1980)

  Carey v. Brown (1980) struck down a law against almost all residential picketing. The Court said the law violated the First Amendment by being content-based...

• Carey v. Population Services International (1977)

  Carey v. Population Services International (1977) struck down a law that banned contraceptive advertising. The Court said the advertising was protected by the...

• Carey, Warden v. Musladin (2006)

  Carey, Warden v. Musladin (2006) did not settle First Amendment rights of court spectators but found a fair trial was not compromised when spectators wore...

• Carlson v. California (1940)

  Carlson v. California (1940) struck down an ordinance that prohibited loitering or picketing with the intent to stop people working. Picketing is protected by...

• Carlson v. Landon (1952)

  Carlson v. Landon (1952) upheld the detention of resident aliens without bail. The decision split the court over the First Amendment rights of aliens...

• Carolene Products Footnote Four

  Justice Harlan Fiske Stone inserted a footnote that marked a Court shift in giving more constitutional protection to individual rights, especially those of the...

• Carpenters and Joiners Union of America, Local No. 213 v. Ritter's Cafe (1942)

  Carpenters and Joiners Union of America v. Ritter's Cafe (1942) said that a state could bar a labor union's picketing against a restaurant that was not part of...

• Carroll v. President and Commissioners of Princess Anne (1968)

  Carroll v. President and Commissioners of Princess Anne (1968) said an injunction to keep a white supremacist group from rallying violated the First Amendment...

• Carson v. Makin (June 21, 2022)

  The Supreme Court in Carson v. Makin ruled in June 2022 that Maine's tuition reimbursement program could not exclude parents who sent their children to...

• Catharine MacKinnon

  Feminist legal scholar Catharine MacKinnon argues that pornography should be illegal as it perpetuates sexual inequality. She has faced pushback from First...

• 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)

  In CBS v. Federal Communications Commission (1981), the Court gave more weight to the First Amendment rights of political candidates than to those of...

• Censorship

  Censorship occurs when individuals or groups try to prevent others from expressing themselves. Government censorship violates the freedoms of speech and of the...

• Central Hudson Gas and Electric Corp. v. Public Service Commission (1980)

  Central Hudson Gas and Electric Corp. v. Public Service Commission (1980) clarified First Amendment protection of commercial speech, determining when it could...

• Central Hudson Test

  The Supreme Court developed the Central Hudson test for determining when government could limit commercial speech without violating the First Amendment...

• Chamberlin v. Dade County Board of Public Instruction (1964)

  Chamberlin v. Dade County Board of Public Instruction (1964) struck down Bible readings and prayers in the public schools based on First Amendment court...

• Chandler v. Florida (1981)

  Chandler v. Florida (1981) dealt with the First Amendment issue of press access and ruled that states can allow broadcast coverage of criminal trials...

• Chandler v. McMinnville School District (9th Cir.) (1992)

  Chandler v. McMinnville School District (9th Cir. 1992) decided that restrictions on student speech should be evaluated in one of three categories to determine...

• Chaplains

  Government-funded chaplain programs are one area in which religious rights of prisoners and military personnel may outweigh First Amendment violations...

• Chaplinsky v. New Hampshire (1942)

  Chaplinsky v. New Hampshire (1942) established that fighting words are not protected by the First Amendment. The Court has since narrowed the fighting words...

• Charitable Solicitation

  While laws aimed at curbing solicitations by charities have been overturned on First Amendment grounds, charities can be required to disclose how their money is...

• Charles B. Reynolds Blasphemy Trial (New Jersey) (1887)

  A New Jersey jury in 1887 convicted a former Methodist minister for blasphemy despite a passion defense by leading attorney and freethinker Robert Ingersoll,...

• Charles Hughes

  Charles Hughes was a Supreme Court justice twice. He supported relatively broad First Amendment protections while and helped preserve judicial independence...

• 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...

• Chicago Seven Trial

  The Chicago Seven Trial of 1969 convicted anti-war demonstrators for intent to incite a riot. Many said the law under which they were convicted violated the...

• Chicago Teachers Union v. Hudson (1986)

  Chicago Teachers Union v. Hudson (1986) ruled a union's dues collection procedures were insufficient to protect First Amendment free association rights...

• 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 that is deemed...

• Child Online Protection Act of 1998 (1998)

  Child Online Protection Act of 1998 devised to prevent minors from accessing obscene material on the Internet was found to be too broad in limiting First...

• Child Pornography

  The Supreme Court has ruled some laws outlawing child pornography and children’s access to obscene materials were too broad and infringed upon First Amendment...

• 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)

  Child Protection and Obscenity Enforcement Act of 1988 criminalized the transmission of child pornography via computers. Child pornography is not protected by...

• Child Protection Restoration and Penalties Enhancement Act of 1990 (1990)

  Congress passed the Child Protection Restoration and Penalties Enhancement Act of 1990 (CPRPEA) to make it a crime knowingly to possess child pornography...

• 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...

• 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)

  Christian Legal Society v. Martinez (2010) said not allowing a Christian Legal Society chapter to receive benefits did not violate the First Amendment...

• Christian Nationalism

  Christian nationalism has played a key role in U.S. history that many think plays a meaningful role in a country that guarantees religious liberty. Others are...

• Christian Scientists

  Many states have convicted Christian Scientists, who espouse healing through prayer, of neglect and manslaughter; others have granted exemptions under the First...

• Church of Jesus Christ of Latter-Day Saints, Mormons

  The Church of Jesus Christ of Latter-day Saints has helped shape the government-religion relationship through their interpretation of the First Amendment...

• 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)

  Church of the Lukumi Babalu Aye v. City of Hialeah (1993) said that a city ordinance against animal sacrifice practiced by a new church violated the First...

• Citizen Publishing Co. v. United States (1969)

  Citizen Publishing Co. v. United States (1969) affirmed that two newspapers run under a joint operating agreement were not exempt from antitrust laws by the...

• Citizens Against Rent Control v. Berkeley (1981)

  Citizens Against Rent Control v. Berkeley (1981) said no compelling interest exists for restricting First Amendment rights of those donating to defeat or pass a...

• Citizens for Decent Literature

  Citizens for Decent Literature worked to stop the sale of obscenity and filed briefs in anti-pornography cases. Non-obscene pornography is protected by the...

• Citizens United v. Federal Election Commission (2010)

  In a landmark 2010 decision, a divided Supreme Court used the First Amendment to invalidate a campaign regulation that banned corporate and union spending in...

• City Council of Los Angeles v. Taxpayers for Vincent (1984)

  City Council of Los Angeles v. Taxpayers for Vincent (1984) upheld an ordinance banning signs on utility poles, saying it did not violate the First Amendment...

• City of Austin v. Reagan National Advertising of Austin, LLC (2022)

  The Supreme Court ruled in 2022 that the city of Austin's regulations that prohibited new digital billboards or conversion of existing billboards to digital are...

• City of Boerne v. Flores (1997)

  City of Boerne v. Flores (1997) said Congress does not have unlimited power to expand First Amendment rights and overturned the Religious Freedom Restoration...

• City of Chicago v. Morales (1999)

  City of Chicago v. Morales (1999) invalidated a gang loitering ordinance, saying it was too vague. A lower court said the ordinance violated the First Amendment...

• City of Cincinnati v. Discovery Network (1993)

  City of Cincinnati v. Discovery Network (1993) held that Cincinnati’s restrictions on the distribution of commercial flyers in news racks violated the First...

• City of Dallas v. Stanglin (1989)

  City of Dallas v. Stanglin (1989) said that social dancing is not an expressive association protected by the First Amendment when upholding age limits on teen...

• City of Edmond v. Robinson (1996)

  The Court denied certiorari in City of Edmond v. Robinson (1996) upholding that a city seal violated the establishment clause of the First Amendment because it...

• City of Erie v. Pap's A.M. (2000)

  City of Erie v. Pap’s A.M. (2000) used the secondary effects doctrine to uphold a public nudity ban, saying the ban did not violate the First Amendment...

• City of Houston v. Hill (1987)

  City of Houston v. Hill (1987) found that a Houston ordinance prohibiting verbal abuse of police officers to a criminalization of First Amendment protected...

• City of Ladue v. Gilleo (1994)

  City of Ladue v. Gilleo (1994) said a city could not stop homeowners from posting political signs. Banning these signs stopped First Amendment protected...

• City of Lakewood v. Plain Dealer Publishing Co. (1988)

  City of Lakewood v. Plain Dealer Publishing Co. (1988) invalidated an city news rack licensing scheme that gave the mayor complete discretion on First Amendment...

• City of Littleton v. Z.J. Gifts D-4, L.L.C. (2004)

  City of Littleton v. Z.J. Gifts D-4 (2004) upheld an adult business licensing system against an adult bookstore that claimed the scheme violated the First...

• City of Los Angeles v. Alameda Books (2002)

  City of Los Angeles v. Alameda Books (2002) ruled that cities could rely on studies showing the crime impact of adult businesses to zone them without violating...

• City of Los Angeles v. Preferred Communications (1986)

  In City of Los Angeles v. Preferred Communications (1986), the Court demonstrated that cable television activities are protected by the First Amendment...

• City of Madison v. Wisconsin Employment Relations Commission (1976)

  City of Madison v. Wisconsin Employment Relations Commission (1976) said nonunion teachers could not be stopped from speaking at school board meetings...

• City of Newport v. Iacobucci (1986)

  City of Newport v. Iacobucci (1986) said a Kentucky city’s interest in maintaining order outweighed the First Amendment protected expression of dancing nude...

• City of Renton v. Playtime Theatres, Inc. (1986)

  City of Renton v. Playtime Theaters (1986) said that zoning laws aimed at undesirable secondary effects of sexually oriented businesses may not violate the...

• City of San Diego v. Roe (2005)

  City of San Diego v. Roe (2005) refined the “public concern” test when determining whether a government employee could be fired for their speech or...

• Civil Religion

  The First Amendment establishment clause protects against government religion, but there is a strong culture of civil religion, a mix between nationalism and...

• Civil Rights Movement

  The expressive actions and protests during the Civil Rights era led to considerable growth in First Amendment court precedents, including areas of association...

• 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...

• Clapper v. Amnesty International (2013)

  Clapper v. Amnesty International (2013) rejected a First Amendment challenge to FISA. The petitioners claimed a wiretap provision had a chilling effect on...

• Clarence Darrow

  Clarence Darrow is one of America’s most famous defense attorneys who sought to protect First Amendment rights. He is best known for his role in the Scopes...

• Clarence Thomas

  Justice Clarence Thomas has surprised observers with his independent vision on First Amendment issues, including questioning interpretations of the...

• Clark v. Community for Creative Non-Violence (1984)

  Clark v. Community for Creative Non-Violence (1984) said camping ban near the White House was a reasonable time, place and manner restriction on First Amendment...

• 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...

• Clay Calvert

  Clay Calvert is a First Amendment scholar who has authored First Amendment law articles on topics including broadcast indecency and recording of police...

• Clay v. United States (1971)

  In Clay v. United States (1971) rejected a denial of conscientious objector status to Cassius Clay. “Right to conscience” is protected by the First...

• Clear and Present Danger Test

  In the 20th century, the Supreme Court established the clear and present danger test as the predominate standard for determining when speech is protected by the...

• Clergy, Bans on Holding Office by

  The last state constitution ban on clergy holding public office was eliminated in Tennessee in 1978 after a First Amendment case that went to the Supreme Court...

• Cleveland v. United States (1946)

  Cleveland v. United States (1946) upheld the convictions of a fundamentalist group of polygamous Mormons. Polygamy is not historically protected by the First...

• Clingman v. Beaver (2005)

  Clingman v. Beaver (2005) upheld a state law requiring semi-closed primaries for political parties. The Libertarian Party said the law violated the First...

• Coates v. City of Cincinnati (1971)

  Coates v. City of Cincinnati (1971) said an ordinance making it a crime for three or more to gather in public and engage in “annoying conduct" violated the...

• Cochran v. Board of Education (1930)

  Cochran v. Board of Education (1930) upheld a law against First Amendment challenges that allowed the state to give textbooks to students in parochial school...

• 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) established that criminalizing the display of profane words in public places — in this case on a jacket —violates the First...

• Cohen v. Cowles Media Co. (1991)

  In Cohen v. Cowles Media Co. (1991), the Court declined to give First Amendment protection to a paper that was being sued for divulging a confidential source...

• Cohen v. San Bernardino Valley College (9th Cir.) (1996)

  In Cohen v. San Bernardino Valley College (9th Cir. 1996), a court said the sexual harassment policy of a college was too vague and violated the First Amendment...

• Cole v. Oroville Union High School District (2000)

  Cole v. Oroville Union High School District (9th Cir. 2000) used the coercion test to deny students' prayer at graduation because it could violate the First...

• Cole v. Richardson (1972)

  Cole v. Richardson (1972) upheld a loyalty oath required for state employees against a First Amendment challenge. The Court did not think the oath was too vague...

• Colorado Republican Federal Campaign Committee v. Federal Election Commission (1996)

  Colorado Republican Federal Campaign Committee v. Federal Election Commission (1996) said a law that limited independent campaign expenditures ran afoul of the...

• Columbia Broadcasting System v. Democratic National Committee (1973)

  Columbia Broadcasting System v. Democratic National Committee (1973) held that a radio station did not violate the First Amendment’s guarantee of a free press...

• 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 told Congress to focus on restricting juvenile access to pornography, instead of focusing on consenting adults...

• Committee for Public Education and Religious Liberty v. Nyquist (1973)

  Committee for Public Education and Religious Liberty v. Nyquist (1973) determined that a tuition and tax break program for parochial school parents violated the...

• Committee for Public Education and Religious Liberty v. Regan (1980)

  Committee for Public Education and Religious Liberty v. Regan (1980) said a law that gave funds to private, and religious schools, for testing did not violate...

• Committee on Public Information

  The Committee on Public Information was the first large-scale propaganda agency of the U.S. government and was viewed by some as stifling First Amendment-...

• Commonwealth v. Blanding (Mass.) (1825)

  Commonwealth v. Blanding (Mass. 1825) epitomized the common law libel understanding of some state judiciaries at the time: “the greater the truth, the greater...

• Commonwealth v. Clapp (Mass.) (1808)

  In Commonwealth v. Clapp (Mass. 1808) illumines state law prior to the application of the First Amendment to the states. Libel was considered criminal...

• Commonwealth v. Cooke (Mass.) (1859)

  Commonwealth v. Cooke (Mass. 1859) involved a student who refused to read a King James Bible. The First Amendment which protects such rights was not yet applied...

• Commonwealth v. Cronin, 2 Va. Cir. 488 (1855)

  In an early state case about religious freedom, Commonwealth v. Cronin, a Virginia judge ruled that a priest could not be forced to testify about information...

• Commonwealth v. Kneeland (Mass.) (1838)

  Commonwealth v. Kneeland (Mass. 1838) was the last case in the United States in which a court sustained a conviction for blasphemy. Blasphemy is protected by...

• 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)

  Commonwealth v. Sharpless (1815) led to the first obscenity prosecution in the United States. This case took place before First Amendment rights were extended...

• Commonwealth v. Wolf (Penn. Supreme Court) (1817)

  In 1817, the Pennsylvania Supreme Court upheld a fine against a Jewish man who worked on a Sunday in violation of the state's law prohibiting work on the...

• Communications Act of 1934 (1934)

  The Communications Act of 1934 regulated television and radio. Broadcasters have public obligations, which serve as a limit on their First Amendment rights...

• Communications Decency Act and Section 230 (1996)

  The Court said the Communications Decency Act in 1996 violated the First Amendment because of its overly broad language regarding indecent and offensive...

• Communist Control Act of 1954 (1954)

  The Communist Control Act of 1954, which outlawed the Communist Party, impinged upon numerous constitutional rights, including First Amendment rights...

• Communist Party of Indiana v. Whitcomb (1974)

  Communist Party of Indiana v. Whitcomb (1974) overturned a law requiring a loyalty oath for party ballot access. The law violated the First Amendment right of...

• 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 the Communism Party of America...

• Communist Party of the United States v. Subversive Activities Control Board (1961)

  Community Party of the United States v. Subversive Activities Control Board (1961) revoked the Communist Party's First Amendment freedom of association due to...

• Community Standards

  In 1973, the Supreme Court said that community standards must be taken into account in determining whether something was obscene or could be protected by the...

• Compelled Speech

  The compelled speech doctrine sets out that the First Amendment prevents the government from punishing a person for refusing to articulate or adhere to its...

• 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” publications through the mail or sell or possess an obscene book, pamphlet or...

• Confederate Flag

  The Supreme Court, while allowing the removal of the Confederate flag to stop disruption, has declined to find that flag infringes upon the rights of those who...

• Confederate Monuments

  Government entities have grappled with whether to remove Confederate monuments from public grounds. Individuals have the First Amendment right to keep statues...

• Confidential Magazine

  The 1950s Confidential magazine was the founder of tabloid journalism in America. The magazine folded under the weight of legal bills after libel investigations...

• Confidential Sources

  Some courts recognize a reporters’ privilege to not reveal confidential sources as a First Amendment right, but each jurisdiction varies in the level of...

• Congress

  The Court has ruled that some laws passed by Congress violate the First Amendment. Some congressional investigations have raised questions about the right of...

• Congressional Investigations

  Cold War-era congressional investigations led to the Court recognizing the First Amendment right of an individual to refuse to answer questions about past...

• Connell v. Higginbotham (1971)

  Connell v. Higginbotham (1971) used the First Amendment to strike down a loyalty oath that required teachers to affirm they did not believe in the violent...

• Connick v. Myers (1983)

  Connick v. Myers (1983) clarified First Amendment protection for public employees by explaining how courts should balance an employee’s rights against an...

• Conscientious Objection to Military Service

  The Court considered conscientious objector cases during the Vietnam War, weighing when First Amendment freedom protects someone from laws requiring military...

• Consolidated Edison Co. v. Public Service Commission (1980)

  In Consolidated Edison Co. v. Public Service Commission (1980), the Court recognized and expanded the First Amendment free speech rights of corporations...

• Conspiracy Laws

  There are concerns about conspiracy laws interfering with First Amendment rights by allowing governments to crack down on those who disagree with the positions...

• Constitution of the Confederate States of America

  The constitution of the Confederate States of America included the rights of the First Amendment. It protected those rights from any laws passed by the...

• Constitutional Amending Process

  Some lawmakers have proposed amendments that would change provisions in the First Amendment, but to date, no such amendment has summoned enough support to pass...

• Constitutional Convention of 1787

  The 1787 Constitutional Convention built the U.S. Constitution. The constitution did not include explicit protection of First Amendment rights. A Bill of Rights...

• Contempt of Court

  Civil contempt of court can be fixed by obeying court orders. Criminal contempt involves violating the dignity of the court and is more likely to raise First...

• Content Based

  A content-based law discriminates against speech based on the substance of what is communicated. In contrast, a content-neutral law applies without regard to...

• 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...

• Continental Congress: Declaration and Resolves

  The Declaration and Resolves of the First Continental Congress in 1774 foreshadowed rights that would be included in the First Amendment, including the right of...

• Continental Congress: Letter to the Inhabitants of the Province of Quebec

  The letter to Quebec was meant to urge Canadians to join the colonists' cause against Great Britain. The letter foreshadows the First Amendment freedom of the...

• Cooper v. Pate (1964)

  In Cooper v. Pate (1964), the Court decided that the Bill of Rights, including the First Amendment, applied to prisoners and reinstated the claim of a Muslim...

• Copyright

  The Supreme Court has acknowledged the compatibility of copyright and First Amendment free expression, but tension does exist as owners often seek to limit...

• Copyright Act of 1790 (1790)

  The first federal copyright law was passed in the First Congress in 1790 and predated the ratification of the First Amendment. Its purpose was to encourage...

• Copyright Act of 1976 (1976)

  Harmonizing copyright law with First Amendment 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)

  Cornelius v. NAACP Legal Defense Fund (1985) said excluding some organizations from soliciting contributions from federal employees didn't violate the First...

• Coronavirus and the First Amendment

  Can the government restrict gatherings, including church services, during the coronavirus outbreak or is that a violation of the First Amendment religious...

• 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)

  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...

• 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...

• Cox Broadcasting Corp. v. Cohn (1975)

  In Cox Broadcasting v. Cohn (1975), the Supreme Court said journalists had a First Amendment right to release information found in public domain records...

• 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)

  Cox v. New Hampshire (1941) upheld Jehovah's Witnesses' conviction for parading without a permit, ruling that their First Amendments rights had not been...

• Craig v. Harney (1947)

  In Craig v. Harney (1947), the Court overturned contempt of court convictions against three Texas Journalist on grounds of First Amendment free speech and press...

• Craig v. Hecht (1923)

  In Craig v. Hecht (1923), the Court upheld a contempt citation issued by a judge after the New York City comptroller published a letter critical of his decision...

• Cramp v. Board of Public Instruction of Orange County (1961)

  Cramp v. Board of Public Instruction of Orange County (1961) struck down a state loyalty oath law for being vague and possibly infringing upon First Amendment...

• Creationism

  Forcing schools to teach creationism or Intelligent Design is a violation of the First Amendment's protection against establishment of religion, courts have...

• Criminal Libel

  In the United States, courts have based decisions regarding slanderous or libelous statements on the First Amendment rights of free speech and freedom of the...

• Criminal Syndicalism Laws

  Thousands of Americans were arrested under criminal syndicalism laws in the late 1910s and early 1920s despite being in direct opposition to the First Amendment...

• Critical Race Theory

  Critical race theory scholars have advocated for hate speech laws and have said there is no value to protecting such speech under the First Amendment...

• Cross Burning

  Cross burning, which has been used as a form of intimidation against African Americans and Jews, has been defended in the courts on free speech grounds...

• Cruz v. Beto (1972)

  Cruz v. Beto (1972) said trial courts could not dismiss a prisoner's First Amendment claim without a finding of facts. Cruz claimed he faced discrimination for...

• Curfews

  Curfew laws have been challenged on First Amendment grounds, leading some lower courts to overturn the laws unless they have exceptions for First Amendment-...

• Curtis Publishing Co. v. Butts (1967)

  Curtis Publishing Co. v. Butts (1967) upheld a libel judgment and gave the Court the opportunity to clarify the First Amendment standard of libel for public...

• Cutter v. Wilkinson (2005)

  Cutter v. Wilkinson (2005) upheld a law that strengthened the ability of prisoners to practice their religion in face of a challenge that it violated the First...

• Cyberbullying

  Cyberbullying, bullying through electronic means, presents First Amendment issues when statutes criminalizing cyberbullying are overly broad or vague...

• Cybersquatting

  Cybersquatting is considered to be abusive registration of domain names to appropriate a trademark. Cybersquatters may claim a First Amendment right to...

• Dahne v. Richey (2019)

  Dahne v. Richey (2019) declined review of an appellate holding that prisoner had a First Amendment-based right to use disrespectful language in a grievance...

• Dailey v. Superior Court of City and County of San Francisco (Calif. Supreme Court) (1896)
• Damon Keith

  Damon Keith was a long-serving judge on the Sixth U.S. Circuit Court of Appeals and an important figure in protecting civil rights. He authored many First...

• Dan Paul

  Dan Paul was an attorney best known in First Amendment circles for winning an important press freedom in Miami Herald Publishing Co. v. Tornillo (1974...

• Daniel Ellsberg

  Daniel Ellsberg released the Pentagon Papers, leading to a ruling that said restricting publication of the papers represented prior restraint in violation of...

• Daniel Fowle

  Daniel Fowle highlighted freedom of the press in the Colonial period before adoption of the First Amendment. He was arrested for publishing a pamphlet...

• Dariano v. Morgan Hills Unified School District (9th Cir.) (2014)

  Dariano v. Morgan Hills U.S.D. (9th Cir. 2014) ruled that telling students wearing American flag shirts remove them on Cinco de Mayo did not violate the First...

• Dartmouth College v. Woodward (1819)

  In Dartmouth College v. Woodward (1819), the Supreme Court ruled that New Hampshire had violated the contract clause and signaled church-state disestablishment...

• Davenport v. Washington Education Association (2007)

  Davenport v. Washington Education Association (2007) ruled that a campaign finance law dealing with union dues did not trigger First Amendment scrutiny...

• David Cortman

  David A. Cortman is an appellate advocate who has argued several First Amendment cases before the Supreme Court. He serves as senior counsel with the Alliance...

• David Rabban

  David Rabban is known for his First Amendment work, especially a book that examined the legal interpretations of free speech during the "forgotten years"...

• David Rein

  David Rein, a civil liberties lawyer, argued a number of cases before the Supreme Court, several of them dealing with First Amendment issues and McCarthyism...

• David Souter

  Supreme Court Justice David Souter often showed sensitivity to First Amendment values. He was a consistent voice for the protection of free-expression...

• Davis v. Beason (1890)

  In Davis v. Beason (1890) upheld a law withdrew the right to vote from polygamists. The Court said the First Amendment freedom of religion must be subordinate...

• Davis v. Federal Election Commission (2008)

  Davis v. Federal Election Commission (2008) struck down the "Millionaire's Amendment" of the Bipartisan Campaign Reform Act for violating the First Amendment...

• Davis v. Massachusetts (1897)

  Davis v. Massachusetts (1897) dismissed a First Amendment claim and gave municipalities unlimited authority over open-air speech in a case involving unlicensed...

• Dawson v. Delaware (1992)

  In Dawson v. Delaware (1992), the Court said that the First Amendment imposes limits on introducing a criminal defendant’s group associations during...

• De Jonge v. Oregon (1937)

  De Jonge v. Oregon (1937) said that state governments may not violate the First Amendment right of peaceable assembly. The decision contributed to symbolic...

• De Scandalis Magnatum

  Enacted in 13th century England, the series of laws known as De Scandalis Magnatum made it illegal knowingly to spread false rumors that cause public mischief...

• Dean v. Utica Community Schools (E.D. Mich.) (2004)

  Dean v. Utica Community Schools (E.D. Mich. 2004) said a high school student newspaper was a limited public forum and rejected censorship of it under the First...

• Debs v. United States (1919)

  In Debs v. United States (1919), a low point in the protection of free speech during wartime, the Court sustained a socialist leader's conviction under the...

• Declaration of Independence

  The Declaration of Independence shows a vigorous exercise of future First Amendment freedoms of speech and press, and paved the way for recognition of the right...

• Deep Throat

  Deep Throat (1972), a pornographic film, introduced mainstream society to pornography and was banned as obscene in 23 states. Obscenity is not protected by the...

• Defamation

  Defamation lawsuits can have a chilling effect on free speech. The Supreme Court first applied First Amendment protection from state libel laws in 1964 in New...

• DeGregory v. Attorney General of New Hampshire (1966)

  DeGregory v. Attorney General of New Hampshire (1966) used the First Amendment to overturn a prison term for a man who refused to testify regarding previous...

• Delaware Strong Families v. Penn (2016)

  The court did not grant certiorari in Delaware Strong Families v. Penn (2016), which dealt with campaign disclosure and First Amendment anonymity rights...

• Deleting Online Predators Act

  The proposed Deleting Online Predators Act would require public schools and libraries to block student access to social networks, raising questions about First...

• Democratic Party of United States v. Wisconsin ex rel. LaFollette (1981)

  Democratic Party of United States v. Wisconsin (1981) ruled that laws dictating how delegates vote at national conventions violate the First Amendment rights of...

• Dennis v. United States (1951)

  Dennis v. United States (1951) applied the First Amendment clear and present danger test to uphold the convictions of U.S.-based communists for their political...

• Denver Area Educational Telecommunications Consortium v. Federal Communications Commission (1996)

  Denver Area Educational Telecommunications Consortium v. FCC (1996) ruled on elements of an act that cable programmers and viewers alleged violated the First...

• Department of Homeland Security v. MacLean (2015)

  The First Amendment-adjacent case Department of Homeland Security v. MacLean (2015) dealt with the TSA firing an air marshal for whistleblowing about a...

• Department of Justice v. Reporters Committee For Freedom of the Press (1989)

  DOJ v. Reporters Comm. for Free Press (1989) reiterated that the First Amendment does not give the press special access to information not available to the...

• Department of the Air Force v. Rose (1976)

  Department of Air Force v. Rose (1976) looked at privacy rights in interpreting the FOIA to require disclosure of summaries of ethics hearings at the Air Force...

• Detached Memoranda

  James Madison's “Detached Memoranda,” written after his presidency, reveals his increasing emphasis on First Amendment separation of church and state...

• Dietemann v. Time (1971)

  Dietemann v. Time (9th Cir. 1971) ruled that First Amendment freedom of the press does not give reporters special license to violate individuals’ privacy...

• Digital Millennium Copyright Act of 1998 (1998)

  The Digital Millennium Copyright Act of 1998 introduced new prohibitions to American copyright law. Critics say the law threatens First Amendment freedoms...

• Digital Realty Trust, Inc. v. Somers (2018)

  Digital Realty Trust, Inc. v. Somers (2018) shows the Court will interpret whistleblower statutes strictly in accord with definitions that whistleblower laws...

• Disaster Aid To and Through Religious Organizations

  Some fear that FEMA's decision to include churches among the entities that receive federal disaster aid could erode the First Amendment separation of church and...

• Disclaimers

  The government mandates advertising disclaimers to protect consumers, but they often present a First Amendment issue. Some say forced disclaimers are a form of...

• Disclosure Requirements

  Individuals and organizations that act in a political forum are subject to disclosure requirements. Some say such laws impinge on First Amendment freedoms...

• Discrimination by Religious Organizations

  The Supreme Court has allowed certain types of discrimination by religious organizations based on the freedom of association rooted in the First Amendment...

• Disinformation Governance Board (2023)

  Fighting foreign disinformation operations in America collided with fear of government control of information in the Department of Homeland Security's short-...

• Divisive Concepts

  Several state legislators passed laws in 2021 and 2022 limiting the discussion of race in public schools, raising questions about free speech and academic...

• Dixie Chicks

  Through controversial political comments, the Dixie Chicks — a bluegrass trio — became a symbol of U.S. political polarization and the First Amendment’s...

• Doe v. Gonzales (2005)

  In Doe v. Gonzales (2005), Justice Ginsburg upheld part of the USA Patriot Act barring librarians from disclosing that the FBI had requested patron information...

• Dombrowski v. Pfister (1965)

  Dombrowski v. Pfister (1965) said federal courts may step in when a state statute substantially chills First Amendment free expression through overbreadth...

• Donahoe v. Richards (Maine Supreme Court) (1854)

  In Donahoe v. Richards (1854), the Maine Supreme Court considered a 15-year-old Roman Catholic girl's expulsion from public school for refusing to read the King...

• Donald Trump

  President Donald Trump attacked the news media, promised to "open up" libel law and increase religious freedom for evangelicals...

• Donaldson v. Read Magazine (1948)

  In Donaldson v. Read Magazine (1948), the Court said First Amendment freedoms of speech and press did not prohibit Congress from trying to prevent mail fraud...

• Door-to-Door Solicitation

  Door-to-door solicitation by political parties, religious groups, and businesses can lead to clashes between First Amendment freedoms and homeowners’ privacy...

• Doran v. Salem Inn (1975)

  Doran v. Salem Inn (1975) considered a First Amendment challenge to an ordinance banning topless dancing in nightclubs. The ruling touched briefly on freedom of...

• Doremus v. Board of Education (1952)

  Doremus v. Board of Education (1952) said a parent and taxpayer who raised a First Amendment challenge to daily Bible reading in a public school had no standing...

• Dot Kids Implementation and Efficiency Act of 2002 (2002)

  The Dot Kids Implementation and Efficiency Act of 2002 attempts to protect minors on the internet by creating a “safe haven” website without violating the...

• Douglas Laycock

  Douglas Laycock, a law professor, is one of the nation’s foremost religious liberty experts. He has argued First Amendment-related cases before the Supreme...

• 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 during pending state...

• Draft Card Mutilation Act of 1965

  Draft card burning became an iconic form of protest during the Vietnam War. The Supreme Court rejected a First Amendment challenge to a law that prohibited...

• Drag Show Laws

  States in 2022 and 2023 began introducing laws to restrict drag show performances, raising questions about the First Amendment rights of free expression...

• Dress Codes

  Dress codes are typically set by schools and employers. Though dress codes face First Amendment challenges by students and others, courts generally support...

• Dun and Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)

  Dun and Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985) said nonmedia distributors of information do not enjoy First Amendment protections as defendants in...

• Dunn v. Smith (2021)

  In 2021, the U.S. Supreme Court said that Alabama could not prohibit clergy in the execution chamber, noting religious rights of death row inmates, and said the...

• E. Barrett Prettyman Jr.

  E. Barrett Prettyman Jr. a Washington, D.C., attorney, argued 19 cases before the Supreme Court. Some involved First Amendment issues, including freedom of the...

• Eagle Forum

  The Eagle Forum is a conservative women’s group founded in 1972 by Phyllis Schlafly. The organization has aligned with both conservative and liberal views on...

• Earl Warren

  Chief Justice Earl Warren's Court was known for rulings backing civil rights and a number of First Amendment milestones, including New York Times Co. v....

• Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. (1961)

  Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. (1961) held that the First Amendment protected a railroad publicity campaign against...

• Ecstasy

  Ecstasy (1933) was the first film blocked by the U.S. Customs Service from entering the U.S. Court battles over the film pitted indecency laws against the First...

• Edenfield v. Fane (1993)

  In Edenfield v. Fane (1993), the Supreme Court said direct solicitation of clients was within the First Amendment rights of certified public accountants...

• Edward De Grazia

  Edward De Grazia was a lawyer who defended creators of expressive works from obscenity and related charges in First Amendment cases before the Supreme Court...

• Edward Murrow

  Edward R. Murrow was one of the creators of American broadcast journalism. Murrow inspired other journalists to defend and perpetuate the First Amendment rights...

• Edwards v. Aguillard (1987)

  Edwards v. Aguillard (1987) said a state law mandating teaching “creation science” alongside evolution in public school violated the First Amendment's...

• Edwards v. South Carolina (1963)

  Edwards v. South Carolina (1963) said South Carolina violated students’ First Amendment rights when the police dispersed a peaceful protest against...

• El Vocero de Puerto Rico v. Puerto Rico (1993)

  El Vocero de Puerto Rico v. Puerto Rico (1993) said closed preliminary trial hearings in Puerto Rico violated the First Amendment, as in the United States...

• 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...

• Eldred v. Ashcroft (2003)

  Eldred v. Ashcroft (2003) said that the Copyright Term Extension Act of 1998 did not violate the First Amendment. Copyright and the First Amendment were...

• Electioneering

  Electioneering involves actively advocating for or opposing a political candidate or party. Electioneering ads have sparked controversies involving the First...

• 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 First Amendment freedoms of speech and privacy, particularly in new media such as the Internet and...

• Elena Kagan

  Supreme Court Justice Elena Kagan, known for her deep knowledge of First Amendment issues, has written opinions in many Supreme Court First Amendment cases...

• Elfbrandt v. Russell (1966)

  Elfbrandt v. Russell (1966) said an Arizona statute requiring state employees to sign a loyalty oath infringed on First Amendment freedom of political...

• 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, known for writing a pamphlet that argued for religious liberty before the First Amendment, denied that religious uniformity was necessary for...

• Elk Grove Unified School District v. Newdow (2004)

  Elk Grove Unified School District v. Newdow (2004) avoided addressing whether the words “under God” in the Pledge of Allegiance violated the First Amendment...

• Ellis v. Brotherhood of Railway, Airline and Steamship Clerks (1984)

  Ellis v. Brotherhood of Railway, Airline and Steamship Clerks (1984) said a rebate scheme for dissenting nonunion members failed to protect their First...

• Elmbrook School District v. Doe (2014)

  The Court refused to hear Elmbrook School District v. Doe (2014), in which a circuit court said a graduation in a nondenominational church violated the First...

• Elonis v. United States (2015)

  Elonis v. United States (2015) reversed a conviction of a man convicted of making threats via Facebook posts. True threats are not protected by the First...

• Elrod v. Burns (1976)

  Elrod v. Burns (1976) said a sheriff violated the First Amendment when he conditioned the retention of a government job upon membership in a specific political...

• Emma Goldman

  Emma Goldman demonstrated for First Amendment rights through speeches, lectures, picketing and marching. She faced arrests and official harassment for her...

• Employment Division, Department of Human Resources of Oregon v. Smith (1990)

  Employment Division, Department of Human Resources of Oregon v. Smith (1990) greatly changed First Amendment religious free exercise law, abandoning the...

• Encryption

  Wide-scale electronic communication has brought the government’s desire to control encryption technology into sharp conflict with First Amendment and Fourth...

• Endorsement Test

  Courts use the endorsement test to determine whether the government impermissibly endorses or disapproves of religion in violation of the First Amendment...

• Engel v. Vitale (1962)

  Engel v. Vitale (1962) ruled that school-sponsored prayer in public schools violated the First Amendment even though participation in the prayer was voluntary...

• English Bill of Rights

  The English Bill of Rights of 1689 contains many rights that were later included in the First Amendment, such as the right to petition and freedom of speech and...

• English-Only Laws

  Many Americans believe that the ability to speak English should be a requirement of U.S. citizenship. English-only laws may violate the First Amendment rights...

• Ephraim London

  Ephraim London was an attorney who successfully argued First Amendment cases before the Supreme Court, including a case that established film as protected...

• Epperson v. Arkansas (1968)

  Epperson v. Arkansas (1968) struck down a state law that criminalized the teaching of evolution in public schools, finding that the law violated the First...

• Epton v. New York (1968)

  Epton v. New York (1968) declined to review the convictions of Marxist leader William Epton, who said his convictions violated his First Amendment free speech...

• Equal Access Act of 1984 (1984)

  The Equal Access Act of 1984 forbids public schools from receiving funds if they deny students the First Amendment right to hold meetings, including religious...

• 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...

• Equal Time Rule

  The federal equal time rule requires broadcasters to treat political candidates equally in terms of air time. Some see the rule as a violation of First...

• Erwin Chemerinsky

  Erwin Chemerinsky, one of the foremost constitutional law scholars and Supreme Court lawyers, writes on First Amendment issues and argues First Amendment cases...

• Erwin Griswold

  As solicitor general, Erwin Griswold unsuccessfully argued that the security concerns of the Pentagon Papers outweighed the First Amendment rights of a free...

• Erznoznik v. City of Jacksonville (1975)

  Erznoznik v. City of Jacksonville (1975) held that under the First Amendment government may not censor expression simply because it offends some people...

• Espinoza v. Montana Department of Revenue (2020)

  The Supreme Court in 2020 ruled that states cannot create programs that exclude religious schools from programs that subsidize private schools with public money...

• Espionage Act of 1917 (1917)

  The Espionage Act of 1917, passed two months after the U.S. entered World War I, criminalized the release of information that could hurt national security and...

• Established Churches in Early America

  When the First Amendment was ratified, it did not eliminate established churches in states where they existed. Eventually, all established churches were...

• Establishment Clause (Separation of Church and State)

  Though not explicitly stated in the First Amendment, the establishment clause is often interpreted to mean that the Constitution requires the separation of...

• Estes v. Texas (1965)

  Estes v. Texas (1965) overturned a conviction based on the presence of cameras in the courtroom and explored relations between the First Amendment and the right...

• Eu v. San Francisco County Democratic Central Committee (1989)

  Eu v. San Francisco County Democratic Central Committee (1989) said California’s regulation of political parties' operations violated their members’ First...

• Eugene Debs

  Labor leader and socialist Eugene V. Debs fought for associational and organized labor rights under First Amendment. He was imprisoned under the Espionage Act...

• Eugene Volokh

  Eugene Volokh is one of the nation’s most prolific writers and commentators on the First Amendment. He is founder of a popular blog on free expression and...

• Evan Lawson

  Evan T. Lawson was a Boston-based attorney who successfully argued two First Amendment cases before the Supreme Court involving flag misuse and commercial...

• Evangelicals

  Evangelicals have been involved in Supreme Court cases concerning First Amendment freedoms, winning such high-profile cases as Burwell v. Hobby Lobby Stores...

• Evans v. Selma Union High School District of Fresno County (California Supreme Court) (1924)

  Evans v. Selma Union High School District of Fresno County (Cal. 1924) said a high school buying copies of the Bible for its library did not violate the First...

• Everson v. Board of Education (1947)

  Everson v. Board of Education (1947) said spending tax funds to bus children to religious schools did not breach the First Amendment establishment clause...

• Evolution

  The teaching of evolution has been at the heart of many cases brought under the establishment clause, the free exercise clause, and the free speech clause of...

• Ex parte Curtis (1882)

  The dissent in Ex parte Curtis (1882), a case involving a form of political patronage, specifically evoked the First Amendment freedoms of speech, press, and...

• Ex parte Jackson (1877)

  In Ex parte Jackson (1877), the Supreme Court said Congress did not violate the First Amendment by closing the postal system to literature about lotteries...

• Ex Parte Newman (Calif. Supreme Court) (1858)

  In Ex Parte Newman, the California Supreme Court in 1858 issued what is believed to be the only 19th-century case in the U.S. that overturned a law designed to...

• Ex parte Vallandigham (1863)

  In Ex parte Vallandigham (1863), the Court said it had no jurisdiction to hear appeals from a military tribunal in a First Amendment case during the Civil War...

• Exacting scrutiny

  Exacting scrutiny is a form of close judicial review used by the U.S. Supreme Court to evaluate restrictions on speech in campaign finance, election law and...

• Exit Polling

  The media argue that exit polling is a form of expression protected by the First Amendment. States seeking to regulate the practice contend it disrupts the...

• Express Advocacy

  Express advocacy is the use of words like "vote for" in political communications. It's protected by the First Amendment, but the spending of money on such...

• Expressive Conduct

  Expressive conduct is behavior designed to convey a message; its function as speech means that it has increasingly been protected by the First Amendment...

• Facial Challenges

  First Amendment facial challenge contends that a law is unconstitutional as written (on its face). Such challenges may assert that a law is overbroad or vague...

• Fair Report Privilege

  The fair report privilege is a state-law defense to defamation claims used by journalists, although the level of protection may vary by state. Under the...

• Fair Use

  Fair use allows copyrighted works to be used in ways that would infringe on the copyright. Fair use is a way of preventing copyright from violating of the First...

• Fairness Doctrine

  The fairness doctrine attempted to ensure that broadcast coverage of controversial issues was fair. Many journalists opposed the policy as a violation of the...

• Faith-based Organizations and Government

  The recent expansion of government funding for faith-based social programs has sparked concerns about the assistance from a First Amendment standpoint...

• False Claims By Attorneys About Trump Election Result (2020-2021)

  False claims by Donald Trump's attorneys about the 2020 presidential election results have prompted some experts to observe the limits of First Amendment free...

• False Light

  False light invasion of privacy, portraying an individual unflatteringly in words or pictures as someone that person is not, is not protected by the First...

• False Speech

  Because the First Amendment is designed to further the truth, it may not protect individuals who engage in libel. Generally, the government does not stand as...

• Fanny Hill

  The book Fanny Hill was the focus of one of the earliest obscenity cases in the U.S. In 1966 the Court ruled the book was not obscene in Memoirs v....

• Farmers Educational and Cooperative Union of America, North Dakota Division v. WDAY, Inc. (1959)

  Farmers Educational and Cooperative Union of America v. WDAY (1959), did not mention the First Amendment, but involved a libel issue dealing with right of reply...

• Federal Bureau of Investigation

  FBI covert surveillance has created First Amendment controversy, as critics have accused it of political repression against those who criticize the government...

• Federal Communications Commission

  The FCC regulates scarce communications frequencies "in the public interest." Its power to regulate indecent programming has engendered First Amendment...

• Federal Communications Commission v. Fox (2009) (2009)

  FCC v. Fox (2009) ruled that the FCC did not act capriciously by changing its fleeting expletives policy. The Court declined to address the underlying First...

• Federal Communications Commission v. Fox Television Stations (2012) (2012)

  While FCC v. Fox (2012) invalidated the FCC's actions against fleeting expletives on television, it didn't address the First Amendment implications of the...

• Federal Communications Commission v. League of Women Voters of California (1984)

  In FCC v. League of Women Voters of California (1984), the Court said that banning noncommercial educational stations from editorializing violated the First...

• Federal Communications Commission v. Midwest Video Corp. (1979)

  FCC v. Midwest Video Corp. (1979) said FCC regulations of cable stations interfered with the First Amendment journalistic freedom of cable station owners...

• Federal Communications Commission v. National Citizens Committee for Broadcasting (1978)

  FCC v. National Citizens Committee for Broadcasting (1978) said the FCC had the right to further the First Amendment by restricting media concentration in...

• Federal Communications Commission v. Pacifica Foundation (1978)

  In FCC v. Pacifica Foundation (1978), the Supreme Court reaffirmed that there is less First Amendment protection for broadcast media than other forms of media...

• Federal Communications Commission v. Prometheus Radio Project (2021)

  The Supreme Court upheld an easing of broadcast ownership rules in Federal Communications Commission vs. Prometheus Radio Project, rejecting that the change...

• Federal Election Campaign Act of 1971 (1971)

  The Federal Election Campaign Act of 1971 regulated the financing of federal election campaigns. FECA faced several First Amendment challenges after being...

• Federal Election Commission v. Beaumont (2003)

  FEC v. Beaumont (2003) said laws barring corporations' direct candidate contributions do not violate the First Amendment rights of nonprofit advocacy groups...

• Federal Election Commission v. Colorado Republican Federal Campaign Committee (2001)

  FEC v. CO Republican Federal Campaign Committee (2001) upheld limits on parties' direct candidate contributions but confirmed the First Amendment right to...

• Federal Election Commission v. Cruz (2022)

  The Supreme Court overturned a regulation that limited how a campaign could repay a candidate's personal loan saying in Federal Election Commission v. Cruz that...

• Federal Election Commission v. Massachusetts Citizens for Life (1986)

  FEC v. Massachusetts Citizens for Life (1986) found that while a nonprofit corporation violated the Federal Election Campaign Act, its application violated the...

• Federal Election Commission v. National Conservative PAC (1985)

  In Federal Election Commission v. National Conservative PAC (1985), the Court said that a ban on certain independent PAC spending violated the First Amendment...

• Federal Election Commission v. National Right to Work Committee (1982)

  FEC v. National Right to Work Committee (1982) upheld regulations on PAC contributions solicited by corporations and said the regulations outweighed certain...

• Federal Election Commission v. Wisconsin Right to Life, Inc. (2007)

  FEC v. Wisconsin Right to Life, Inc. (2007) ruled that part of the Bipartisan Campaign Reform Act violated the First Amendment as applied to certain forms of...

• Federal Radio Commission

  By controlling an overcrowded radio spectrum, the Federal Radio Commission, established in 1927, preserved First Amendment freedoms for listeners and...

• Federal Theatre Project

  The Federal Theatre Project strived to embody the First Amendment through their uncensored works. However, some of their productions were censored and...

• Federal Trade Commission

  The Federal Trade Commission regulates monopolies and stops unfair and deceptive business practices. Its regulation implicates First Amendment free expression...

• Federal Trade Commission v. Superior Court Trial Lawyers Association (1990)

  FTC v. Superior Court Trial Lawyers Association (1990) said the First Amendment didn't protect a boycott of a system of reduced-fee legal services for sheer...

• Federalism

  Federalism distributes power between national and state governments. The relation between federalism and the First Amendment has important dimensions involving...

• Federalists

  Federalists supported the ratification of the Constitution and compromised by adding a Bill of Rights, including the First Amendment, to the Constitution...

• Feiner v. New York (1951)

  Feiner v. New York (1951) addressed the issue of whether speech that incites a “breach of the peace” constitutes a categorical exception to the First...

• Feldman v. United States (1944)

  In a 1944 case involving self-incrimination, Supreme Court Justice Hugo Black focused on the connection between the First Amendment and other provisions in the...

• Felix Frankfurter

  While Justice Felix Frankfurter championed civil rights, he frequently voted to limit civil liberties and was not one of the great defenders of the First...

• Feminist Theory

  Feminist theory, which argues that women should enjoy the same rights as men, can challenge First Amendment doctrine by emphasizing equality over free...

• Fighting Words

  The fighting words doctrine, an exception to First Amendment-protected speech, lets government limit speech when it is likely to incite immediate retaliation by...

• Film

  Films, which are protected by the First Amendment, have addressed several First Amendment-related topics, including the freedoms of religion, speech, and press...

• Filming the Police

  Federal appellate courts have ruled that people have a First Amendment right to film police interactions with citizens...

• First Amendment Center

  The First Amendment Center seeks to protect First Amendment freedoms through information and education. It provides a forum for dialogue on First Amendment...

• First Amendment Lawyers Association

  The First Amendment Lawyers Association has primarily defended clients in the adult-entertainment industry in First Amendment cases before the Supreme Court...

• First Amendment Project

  The First Amendment Project is a nonprofit law firm that advocates on behalf of free expression values. The organization litigates on a variety of First...

• First Liberty Institute

  First Liberty Institute provides free legal services and support to those dealing with religious liberty issues. It has expanded into religious liberty...

• First National Bank of Boston v. Bellotti (1978)

  First National Bank of Boston v. Bellotti (1978) ruled that a state restriction on political contributions by corporations violated the First Amendment...

• Fiske v. Kansas (1927)

  Fiske v. Kansas (1927) overturned a conviction under a Kansas law, saying the law violated the First Amendment. The law made it a crime to advocate crime to...

• Flag Desecration

  Flag desecration is one of the most polarizing First Amendment issues. The Court has handed down decisions on flag desecration, holding it to be protected...

• Flag Protection Acts of 1968 and 1989

  Two acts were passed by Congress in 1968 and 1989 to protect the U.S. flag from being burned by protesters. The Court struck both down on First Amendment...

• Flast v. Cohen (1968)

  Flast v. Cohen (1968) said that taxpayers had standing under the First Amendment to sue to prevent the use of their taxes to fund religious instruction...

• Fleeting Expletives and Fleeting Nudity

  Although the Court has said that the FCC can regulate fleeting expletives, it has also overturned FCC sanctions, not on First Amendment grounds, but because of...

• Florida Bar v. Went for It, Inc. (1995)

  Florida Bar v. Went for It, Inc. (1995) challenged on First Amendment grounds a ban on direct mail attorney solicitation within 30 days of an accident, but lost...

• Florida Star v. B.J.F. (1989)

  In Florida Star v. B.J.F. (1989), the Supreme Court said the First Amendment stopped a newspaper from being held liable for publishing a rape victim's name...

• Flower v. United States (1972)

  Flower v. United States (1972) used the First Amendment to overturn the conviction of a man for distributing leaflets at a military base after officials had...

• Floyd Abrams

  Floyd Abrams, a well-known First Amendment lawyer, has argued many famous cases before the Supreme Court, including the landmark Pentagon Papers case...

• Follett v. Town of McCormick (1944)

  Follett v. Town of McCormick (1944) invalidated a tax on selling religious publications door-to-door using the First Amendment to reject this restriction on...

• Folsom v. Marsh (C.C.D. Mass.) (1841)

  Although Folsom v. Marsh (C.C.D. Mass. 1841) did not reference the First Amendment, it was an early copyright case which said a book violated fair use by...

• Food and Drug Administration

  The Food and Drug Administration's regulatory authority has been at the center of several cases revolving around the First Amendment protection of commercial...

• Forsyth County, Georgia v. Nationalist Movement (1992)

  Forsyth County v. Nationalist Movement (1992) said an ordinance violated the First Amendment by letting officials vary protest permit costs based on the cost of...

• Fort Wayne Books, Inc. v. Indiana (1989)

  Fort Wayne Books, Inc. v. Indiana (1989) said a state provision allowing pretrial seizure of allegedly obscene material imposed a prior restraint, violating the...

• Fortune Telling

  Many cities have tried to limit fortune telling, contending that the practice amounts to attempted fraud. Fortune tellers argue that the regulations violate the...

• Foundation for Individual Rights and Expression

  Foundation for Individual Rights and Expression began as an organization to protect free speech rights of college students. It has campaigned against speech...

• Four Freedoms

  Franklin D. Roosevelt, in an address to Congress, articulated the four freedoms he thought every human should have, two of which relate to the First Amendment...

• Fowler v. Rhode Island (1953)

  Fowler v. Rhode Island (1953) said preventing a Jehovah’s Witness from holding a religious service in a public park, but allowing other worship, violated the...

• Fox v. Washington (1915)

  The ruling in Fox v. Washington (1915), dealing with an article on nude bathing, was issued before the Court recognized that the First Amendment limited state...

• Francis Biddle

  Francis Biddle won praise for balancing freedom and security in World War II. As attorney general, he fought for civil liberties like those in the First...

• Francis Murphy

  Supreme Court Justice Francis W. Murphy wrote eloquently about First Amendment freedoms, repeatedly voicing his belief that religious freedom deserved great...

• Frazee v. Illinois Department of Employment Security (1989)

  Frazee v. Illinois Department of Employment Security (1989) said belief need not be part of established religious doctrine to be considered under the First...

• Fred Friendly

  Fred W. Friendly, an early innovator of broadcast journalism, was also known for his seminars on the media and public issues and for his writings on the First...

• Frederick Douglass

  Frederick Douglass, a former slave who became one of America's greatest orators, believed that the First Amendment rights to free speech and assembly were...

• Frederick Schauer

  Frederick Schauer's First Amendment writings are notable for their philosophical rigor, passionately favoring free speech but critiquing arguments for it...

• Frederick Vinson

  Supreme Court Chief Justice Frederick Vinson tended to favor national security over First Amendment freedom of speech, and was a moderate on race relations...

• Free Expression Network

  The Free Expression Network is an alliance of groups seeking to protect the First Amendment right of free expression and to oppose suppression of protected...

• Free Flow of Information Act

  The Free Flow of Information Act would create a federal shield law to protect reporters. Opponents of the law say the First Amendment does not entitle press to...

• Free Speech During Wartime

  Freedom of speech often suffers during times of war.  Patriotism at times devolves into jingoism and civil liberties take a backseat to security and order...

• Free Speech League

  The Free Speech League was the first organization in U.S. history to commit itself to First Amendment free expression, no matter the subject or viewpoint...

• Free Speech Zones

  Free-speech zones refer to areas on college campuses and at certain public events specifically designated for demonstrators to exercise their right to freedom...

• Freedman v. Maryland (1965)

  Freedman v. Maryland (1965) ruled that prior restraint under a state film censorship statute unduly restricted the First Amendment rights of film exhibitors...

• Freedom of Access to Clinic Entrances Act of 1994 (1994)

  The Freedom of Access to Clinic Entrances Act criminalizes blocking a clinic entrance and interfering with women seeking abortions. Opponents say it violates...

• Freedom of Association

  The Supreme Court has recognized expressive association and intimate association under the First Amendment. It has also recognized the right not to associate...

• Freedom of Information Act of 1966 (1966)

  The Freedom of Information Act was adopted on the principle that government should be transparent. Citizens can hold government accountable through First...

• Freedom to Display the American Flag Act of 2006 (2006)

  The Freedom to Display the American Flag Act prohibits association-governed communities from preventing their members from displaying the American flag...

• Friedman v. Rogers (1979)

  In Friedman v. Rogers (1979), the Court struck down a First Amendment challenge to a Texas law that prohibited optometrists from advertising under a trade name...

• Frisby v. Schultz (1988)

  Frisby v. Schultz (1988) upheld a city ordinance banning picketing in neighborhoods. Dissenting justices said the law suppressed First Amendment-protected...

• Frohwerk v. United States (1919)

  Frohwerk v. United States (1919) upheld a conviction for an article criticizing World War I while also affirming that First Amendment rights do not disappear...

• 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...

• Funeral Protests

  Funeral protest laws have been passed in response to distasteful protests at military funerals. Courts have generally upheld the laws against First Amendment...

• FW/PBS, Inc. v. City of Dallas (1990)

  FW/PBS, Inc. v. City of Dallas (1990) said that a licensing scheme regulating sexually-oriented businesses imposed a prior restraint, violating the First...

• 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...

• Goldwater Rule

  The American Psychiatric Association prohibits members from offering opinions about the mental state of public figures under the Goldwater Rule, which it...

• 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...

• Gonzalez v. Google (2023)

  The U.S. Supreme Court in Gonzalez v. Google (2023) declined to rule on whether targeted recommendations by a social media company’s algorithms would fall...

• Gonzalez v. Google, Taamneh v. Twitter (9th Circuit) (2021)

  In Gonzalez v. Google and Taamneh v. Twitter, the 9th U.S. Circuit Court of Appeals in 2021 addressed the liability of social media platforms for allowing the...

• 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

  The Supreme Court has generally supported speech restrictions on government funding, even when those restrictions may have a chilling effect on First Amendment...

• Government in the Sunshine Act (1976)

  The Government in the Sunshine Act requires meetings of bodies that govern federal agencies to be open unless they fall under 10 exceptions in the law...

• 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...

• Government use of social media

  Court rulings in the 2nd and 4th Circuit Courts of Appeal establish that when a government official opens up a social media account for public comment, the...

• 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

  Since the 1900s, group libel, the defamation of an entire group of people, has coexisted uneasily with the First Amendment’s emphasis on individual speech...

• Grove Press v. Gerstein (1964)

  Grove Press v. Gerstein rejected a ban of Henry Miller’s Tropic of Cancer, one of the most censored books in history, by saying it had some redeeming literary...

• Grove Press v. Maryland State Board of Censors (1971)

  Grove Press v. Maryland State Board of Censors let stand an appeals court decision banning the Swedish film I Am Curious (Yellow) on the grounds of obscenity...

• H. Louis Sirkin

  H. Louis Sirkin is a Cincinnati-based attorney nationally known for his First Amendment work, defending of clients in obscenity and adult entertainment cases...

• Hague v. Committee for Industrial Organization (1939)

  Hague v. Committee for Industrial Organization (1939) dealt with the freedom of assembly and set the precedent for the public forum doctrine in First Amendment...

• Haig v. Agee (1981)

  Haig v. Agee (1981) raised and answered First Amendment questions regarding the right to travel in order to prevent speech deemed harmful to national security...

• Hair

  Hair, a musical, sparked First Amendment controversy with its obscene content. The original production was a harbinger of the changes taking place in American...

• Hair Length and Style

  Hair regulations in schools, prisons and workplaces have led to First Amendment battles, with litigants challenging policies for violating individuals’ rights...

• Halter v. Nebraska (1907)

  Halter v. Nebraska (1907) upheld a state law that prohibited the use of the American flag in advertising. Modern flag desecration is protected by the First...

• 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)

  Hamling v. United States (1974) upheld convictions for mailing obscene advertising. A dissenting justice said the conviction violated the First Amendment...

• Hannegan v. Esquire (1946)

  Hannegan v. Esquire (1974) overturned a decision revoking a mail permit issued to Esquire magazine, affirming First Amendment freedoms of speech and press...

• Hardwick v. Heyward (4th Cir.) (2013)

  Hardwick v. Heyward (4th. Cir. 2013) ruled that public school officials 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 served as an associate justice and chief justice on the Supreme Court, where he showed sensitivity to civil liberties and First Amendment...

• Harmful to Minors Laws

  Harmful to minors laws seek to protect minors from pornography, obscenity and other material that may bring harm to them. Obscenity is not protected by the...

• Harper and Row v. Nation Enterprises (1985)

  Harper & Row v. Nation Enterprises (1985) ruled that copyright infringement of the unpublished memoir of Gerald Ford was not protected by the First Amendment...

• Harper v. Poway Unified School District (9th Cir.) (2006)

  Harper v. Poway Unified School District (9th Cir. 2006) ruled that a school did not violate the First Amendment rights of a student punished for wearing anti-...

• Harris v. Quinn (2014)

  In Harris v. Quinn (2014), the Supreme Court dealt with the First Amendment issues of requiring personal care workers in Illinois to join a union against their...

• Harry Blackmun

  Harry Andrew Blackmun was an associate justice on the U.S. Supreme Court, best known for writing the majority opinion in Roe v. Wade that overturned most state...

• Harry Kalven, Jr.

  Harry Kalven Jr. was University of Chicago law professor best known for advocacy of and thoughtful writings about First Amendment freedom of speech and...

• Harry Weinberger

  Harry Weinberger was a litigator for numerous civil liberties and First Amendment causes in the early 1900s, including theater censorship and the military draft...

• Harte-Hanks Communications v. Connaughton (1989)

  Harte-Hanks Communications v. Connaughton (1989) decided that public figures can establish libel by showing that a publisher acted with reckless disregard for...

• Hartman v. Moore (2006)

  Hartman v. Moore (2006) said that those who allege their First Amendment rights are being retaliated against must prove there is no probable cause for the...

• Hartzel v. United States (1944)

  Hartzel v. United States (1944) overturned a conviction under the Espionage Act of 1917, shifting toward tolerance of First Amendment speech criticizing the war...

• Hatch Act of 1939 (1939)

  The Hatch Act of 1939, which limited the political participation and speech of federal employees, has survived First Amendment free expression challenges...

• Hate Speech

  Although the First Amendment still protects much hate speech, there has been much debate on the subject in the past two decades among lawmakers and legal...

• Hayden Covington

  Hayden C. Covington was one of the most important and least heralded attorneys on First Amendment issues, especially those related to the free exercise of...

• Hazelwood School District v. Kuhlmeier (1988)

  Hazelwood School District v. Kuhlmeier (1988) decided that schools may limit student First Amendment rights if student speech is inconsistent with an...

• Headlight Flashing

  The practice of flashing headlights to alert other drivers to an upcoming patrol car has been claimed as a form of expression protected under the First...

• Healy v. James (1972)

  Healy v. James (1972) dealt with student groups at public colleges. The Court affirmed college students' First Amendment rights of free speech and association...

• Heckler's Veto

  A heckler’s veto occurs when the government restricts speech because of the reactions of opponents of the speech. Courts have said hecklers' vetoes violate...

• Heffernan v. City of Paterson (2016)

  The Court said in Heffernan v. City of Paterson (2016) that employees can sue for retaliatory demotion, even if the demotion is based on false First Amendment...

• Heffron Principle

  The Heffron principle is used to reject free-speech claims when claimants have other avenues of expression open. The principle can infringe upon First Amendment...

• Heffron v. International Society for Krishna Consciousness (1981)

  Heffron v. International Society for Krishna Consciousness (1981) upheld a content neutral regulation on religious practices against a First Amendment challenge...

• Hein v. Freedom from Religion Foundation (2007)

  Hein v. Freedom from Religion Foundation (2007) decided that taxpayers can't raise a First Amendment challenge to executive branch expenditures on faith-based...

• Heller v. New York (1973)

  Heller v. New York (1973) remanded an obscenity conviction after it had set new standards for determining which materials were obscene and unprotected by the...

• Hennington v. Georgia (1896)

  Hennington v. Georgia (1896) upheld a state law forbidding trains from running on Sundays. Later "Sunday blue laws" were challenged on First Amendment grounds...

• Henry Sawyer III

  Henry W. Sawyer III was a civil liberties attorney who successfully argued two of the most important religious liberty First Amendment cases before the Supreme...

• Henry v. Collins (1965)

  Henry v. Collins (1965) reversed a libel conviction after public officials could not meet the standard to prove libel. Libel is not protected by the First...

• Herbert v. Lando (1979)

  Herbert v. Lando (1979) held there is no protection under the First Amendment shielding the editorial process for new stories when the stories provoke libel...

• Herbert Wechsler

  Herbert Wechsler was a leading lawyer and legal scholar best known in First Amendment circles for arguing the landmark libel case New York Times Co. v. Sullivan...

• Hernandez v. Commissioner of Internal Revenue (1989)

  Hernandez v. Commissioner of Internal Revenue (1989) said preventing tax deductions from monies used for religious "training" sessions did not violate the First...

• Herndon v. Lowry (1937)

  Herndon v. Lowry (1937) said Georgia's conviction of a man for possessing Communist literature violated the First Amendment rights of free speech and assembly...

• Hess v. Indiana (1973)

  Hess v. Indiana (1973) overturned a demonstrator's conviction and affirmed that advocacy of illegal activity in the indefinite future is protected by the First...

• Hicklin Test

  The Hicklin Test, an obscenity standard originating in England, was initially used in America but did not survive constitutional challenges based on the First...

• Hill v. Colorado (2000)

  Hill v. Colorado (2000) said a state statute regulating protestors outside of health facilities did not violate the First Amendment and was not content based...

• Hirsh v. City of Atlanta (1990)

  Hirsh v. City of Atlanta (1990) said an injunction prohibiting an anti-abortion group from demonstrating near abortion clinics did not violate the First...

• 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...

• Hit Man Manual

  Hit Man: A Technical Manual for Independent Contractors" was involved in a First Amendment case in which a circuit court said the First Amendment did not...

• Hobbie v. Unemployment Appeals Commission of Florida (1987)

  Hobbie v. Unemployment Appeals Commission of Florida (1987) said denying benefits to an individual who refused to work on the Sabbath violated the First...

• Hobby Lobby Stores, Inc. v. Sebelius (2012)

  In Hobby Lobby Stores v. Sebelius (2012), a circuit court upheld the Affordable Care Act against a First Amendment challenge, citing a lack of clear legal...

• Hoggard v. Rhodes (2021)

  Justice Clarence Thomas argued against granting qualified immunity to university officials in a free speech case, but the U.S. Supreme Court refused to take it...

• Holder v. Humanitarian Law Project (2010)

  Holder v. Humanitarian Law Project (2010) rejected First Amendment challenges in upholding a federal law prohibiting material support to terrorist organizations...

• Holocaust Denial

  While other countries have prosecuted Holocaust deniers, the United States has had a different response, due to the freedom of speech ensured in the First...

• Holt v. Hobbs (2015)

  Holt v. Hobbs (2015) ruled that prison officials violated the First Amendment religious liberty rights of a Muslim inmate by refusing to allow him to grow a...

• Homeschooling

  The practice of homeschooling in America falls within parents’ and students’ protected First Amendment rights of free speech and the free exercise of...

• Horace Mann

  Horace Mann's vision of universal education and non-sectarian schools was a precursor to the Supreme Court's interpretation of First Amendment principles in...

• Horn Honking

  Motorists argue that honking car horns is a form of expression or protest protected by the First Amendment. Courts have mostly rejected this argument...

• Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012)

  Hosanna-Tabor v. EEOC (2012) was the first time the Court used a “ministerial exception” as First Amendment basis for rejecting an employment discrimination...

• Hosty v. Carter (7th Cir.) (2005)

  Hosty v. Carter (7th Cir. 2005) applied a high school press censorship case to the colleges. First Amendment advocates fear the decision will lead to student...

• Hotel and Restaurant Employees International Alliance v. Wisconsin Employment Relations Board (1942)

  Hotel and Restaurant Employees’ International Alliance v. Wisconsin Employment Relations Board (1942) said only peaceful picketing is protected by the First...

• Houchins v. KQED (1978)

  In Houchins v. KQED (1978), the Supreme Court said that First Amendment freedom of the press did not give the press an unlimited right to gather information...

• House Un-American Activities Committee

  The House Un-American Activities Committee took a prominent role in investigating communist activity. Its critics contend that it trampled First Amendment...

• Houston Community College System v. Wilson (2022)

  The U.S. Supreme Court ruled in 2022 in Houston Community College System v. Wilson that a board member who was censured by the board did not have a First...

• Howard Stern

  Howard Stern, one of the most controversial radio personalities, consistently pushing the boundaries of First Amendment free expression rights on public...

• Hudgens v. National Labor Relations Board (1976)

  In Hudgens v. National Labor Relations Board, the Supreme Court ruled that there was no right to exercise free speech in privately owned malls under the First...

• Hugh Hefner

  Hugh Hefner, founder of the controversial Playboy magazine, was a prominent advocate of First Amendment rights. His magazine was thought to be obscene by some...

• 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...

• Hugo Black

  Supreme Court Justice Hugo Lafayette Black is considered to be one of the most influential justices of his time. On First Amendment issues, Black was considered...

• Hunt v. McNair (1973)

  In Hunt v. McNair (1973), the Court said allowing religious colleges to use state bonds to finance non-religious buildings did not violate the First Amendment...

• Hunter v. Bryant (1991)

  "True threats" are not protected by the First Amendment. Hunter v. Bryant (1991) upheld the warrantless arrest of a man who made a supposed threat against 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-...

• Hustler Magazine v. Falwell (1988)

  In Hustler Magazine v. Falwell, the Court ruled that the First Amendment protects publishers’ rights from claims by public figures regarding materials labeled...

• Hutchinson v. Proxmire (1979)

  Hutchinson v. Proxmire (1979) ruled that Congress members do not have protection under the Constitution or First Amendment for libelous statements made outside...

• Hynes v. Mayor of Oradell (1976)

  In Hynes v. Mayor of Oradell (1976), the Court said an ordinance requiring door-to-door canvassers to notify the police was vague and violated the First...

• Iancu v. Brunetti (2019)

  In this Iancu v. Brunetti, the U.S. Supreme Court in 2019 invalidated a provision of federal trademark law that prohibited “immoral or scandalous” marks....

• Ibanez v. Florida Department of Business and Professional Regulation Board (1994)

  Ibanez v. Florida Department of Business and Professional Regulation Board (1994) held that the First Amendment takes precedence over regulatory agencies in...

• Ida B. Wells

  Ida B. Wells (1862-1931) was an African American woman who was born into slavery in Mississippi and eventually became the co-owner and editor of the Memphis...

• Illinois ex rel. Madigan v. Telemarketing Associates, Inc. (2003)

  Illinois ex rel. Madigan v. Telemarketing Associates, Inc. ruled that pursuing fraud charges against fundraisers for misrepresentation did not violate the First...

• Illinois ex rel. McCollum v. Board of Education (1948 )

  Illinois ex rel. McCollum v. Board of Education (1948) overturned an arrangement whereby public schools provided religious training during regular school hours...

• Illinois State Board of Elections v. Socialist Workers Party (1979)

  Illinois State Board of Elections v. Socialist Workers Party (1979) struck down a law requiring more signatures to qualify for the Chicago ballot than for a...

• In God We Trust

  Federal courts have consistently upheld "In God We Trust" as a national motto, which when on coins or elsewhere does not violate the establishment clause of the...

• In re Anastaplo (1961)

  In In re Anastaplo (1961) the Court held that a plaintiff’s exclusion from the Illinois state bar did not violate First Amendment freedoms of speech and...

• In re Primus (1978)

  In In re Primus (1978), the Court ruled that the First Amendment limits the ability of the state to sanction non-profit attorneys for solicitation activities...

• In re R.M.J. (1982)

  In In re R.M.J. (1982), the Supreme Court unanimously ruled that a Missouri ethics rule restricting advertising by lawyers was unconstitutional under the First...

• In re Rapier (1892)

  In re Rapier affirmed that federal statutes prohibiting the use of the mail to send lottery cards or advertisements do not violate First Amendment freedom of...

• In re Sawyer (1959)

  In re Sawyer (1959) reversed a suspension of an attorney who had criticized the court handling her case. She had argued her speech was protected by the First...

• In re Stolar (1971)

  In In re Stolar (1971), the Court ruled that the First Amendment prohibits states from penalizing attorneys solely on the basis of membership in a specific...

• In re Summers (1945)

  In re Summers (1945) upheld that denying an attorney's admission to the bar because he was a conscientious objector to war did not violate the free exercise of...

• Incitement to Imminent Lawless Action

  Many Supreme Court cases upholding restrictions on subversive speech have relied on the idea that such speech is forbidden because it incites violence or...

• Incorporation of the First Amendment

  First Amendment rights that are protected from government restriction have been expanded to include protection from state government as well as federal...

• Indecency and the Electronic Media

  The FCC defines indecency in the broadcast industries and regulates the content of television and radio broadcasts to prevent the airing of inappropriate...

• Indian Appropriations Act of 1896 (1896)

  Congress passed the Indian Appropriations Act to pay American Indian education using religious schools to diffuse First Amendment controversy over church-state...

• Intelligent Design

  Intelligent design is a theory that the universe was designed by an intelligent higher power. Teaching the theory blurs the lines between church and state...

• International Association of Machinists v. Street (1961)

  International Association of Machinists v. Street (1961) overturned a decision that declared the union-shop provisions of the Railway Labor Act of 1926...

• International Brotherhood of Electrical Workers v. National Labor Relations Board (1951)

  International Brotherhood of Electrical Workers v. National Labor Relations Board affirmed a decision that a union’s peaceful picketing had illegally induced...

• International Brotherhood of Teamsters Union v. Hanke (1950)

  In International Brotherhood of Teamsters Union v. Hanke (1950), the Court sustained an injunction against the picketing of a self-employer’s place of...

• International Brotherhood of Teamsters Union v. Vogt (1957)

  International Brotherhood of Teamsters Union v. Vogt (1957) reaffirmed that some state limits on picketing did not infringe upon First Amendment freedom of...

• International Refugee Assistance Project v. Trump (4th Cir.) (2017)

  President Trump signed executive orders suspending immigration from predominantly predominately Muslim nations. Courts said the order violated the First...

• International Religious Freedom Act of 1998 (1998)

  The International Religious Freedom Act 1998 established an office to oversee diplomatic missions to promote the First Amendment right of religion around the...

• International Society for Krishna Consciousness v. Lee (1992)

  International Society for Krishna Consciousness v. Lee (1992) said airports are not public forums, and a ban on soliciting funds in them did not violate the...

• Internet

  The Court faces challenges in dealing with regulation of online speech because of the internet's unique ability to spread information quickly and widely...

• Interstate Circuit, Inc. v. Dallas (1968)

  Interstate Circuit, Inc. v. Dallas (1968) rejected a city’s film censorship ordinance that was too vague for determining whether films were suitable for...

• Intrusion

  An intrusion on seclusion claim applies when someone intentionally intrudes, physically or through electronic surveillance, upon the solitude or seclusion of...

• Isaac Backus

  Isaac Backus, an influential Baptist, helped establish the notion of free exercise of religion, which eventually was incorporated into the First Amendment...

• Islam

  Islam has several unique religious free exercise issues stemming from the First Amendment; however, the establishment clause has roused little debate...

• Issue Advocacy

  Issue advocacy refers to advertising on public issues unregulated by political campaign finance laws. Laws regulating issue advocacy have had mixed results in...

• J. Edgar Hoover

  J. Edgar Hoover was director of the Federal Bureau of Investigation for 48 years. His critics accused him violating individuals’ First Amendment rights...

• J. Skelly Wright

  James Skelly Wright was a highly respected federal judge who was perhaps best known for his impact on civil rights and desegregation, specifically in New...

• Jacobellis v. Ohio (1964)

  In Jacobellis v. Ohio (1964) the Court overturned on First Amendment grounds the conviction of a movie theater manager prosecuted for showing a film deemed to...

• Jacobson v. Massachusetts (1905)

  In 1905, the U.S. Supreme Court said that Massachusett's compulsory smallpox vaccination program did not violate a pastor's religious freedom rights under the...

• James Goodale

  James C. Goodale, a prominent First Amendment attorney, is best known for leading the New York Times in its successful litigation in the Pentagon Papers case...

• James Madison

  James Madison, the chief author of the Bill of Rights and the First Amendment, was the foremost champion of the freedoms of religion, speech, and the press in...

• Jamison v. Texas (1943)

  In Jamison v. Texas, the Court, on First Amendment grounds, overturned the conviction of a Jehovah’s Witness who distributed handbills on the streets...

• 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....

• Jarchow v. State Bar of Wisconsin (2020)

  The U.S. Supreme Court declined to hear a First Amendment challenge to a requirement that attorneys pay dues to a state bar association in Wisconsin to support...

• Jay Sekulow

  Jay Sekulow, chief counsel for the American Center for Law and Justice, is a leading Supreme Court litigator. He has argued numerous First Amendment cases...

• Jehovah’s Witnesses

  Perhaps no religious sect has had a greater impact relative to its size on expanding the First Amendment free exercise of religion than has the Jehovah’s...

• Jenkins v. Georgia (1974)

  In Jenkins v. Georgia (1974), the Court overturned the conviction of a theater manager who had been prosecuted for showing a film deemed obscene by local and...

• Jenness v. Fortson (1971)

  Jenness v. Fortson (1971), the Court upheld a Georgia law requiring minor-party candidates to obtain the signatures of 5 percent of eligible voters on their...

• Jimmy Swaggart Ministries v. Board of Equalization of California (1990)

  In Jimmy Swaggart Ministries v. Board of Equalization of California (1990), the Court ruled that the same taxes on the sales of a minister and other retailers...

• Johanns v. Livestock Marketing Association (2005)

  In Johanns v. Livestock Marketing Association (2005), the Court, using the government speech doctrine, rejected a First Amendment challenge to a compelled...

• John Adams

  John Adams, who served as the first vice president and second President of the United States, also supported First Amendment principles through his political...

• John Connell

  John C. Connell is an attorney who specializes in First Amendment law. He is best known for successfully representing musician Simon Tam pro bono in Matal v....

• John Courtney Murray

  John Courtney Murray a Jesuit priest, theologian, and advocate of interfaith cooperation, was a lifelong supporter of the principles of the First Amendment...

• John Doe #1 v. Reed (2011)

  In John Doe # 1 v. Reed (2011), the Court decided not to issue an injunction to prevent disclosure of the names of individuals who had petitioned for an...

• John Doe #1 v. Reed (2010)

  In Doe No. 1 v. Reed (2010), the Court upheld a state law requiring the disclosure of referendum signers and ruled that the law on its face does not violate the...

• John Ely

  A prominent legal scholar, John Hart Ely contributed to First Amendment jurisprudence. He argues against strict absolutism in interpreting the Constitution...

• John Leland

  Baptist preacher John Leland helped provide religious foundation for ideas espoused by the Founders concerning the relationship between government and religion...

• John Lilburne

  The Englishman John Lilburne (1615–1657) was a prominent defender of religious liberties and free speech and a celebrated political prisoner...

• John Locke

  English philosopher John Locke's ideas of natural law, religious toleration, and the right to revolution proved essential to the American Revolution and the U.S...

• John Marshall

  Under John Marshall's leadership, the Court expanded the role of the national government and limited the reach of the First Amendment to actions of the national...

• John Marshall Harlan I

  Supreme Court Justice John Marshall Harlan I transformed himself over time from being an advocate of slavery to becoming a strong defender of First Amendment...

• John Marshall Harlan II

  Supreme Court Justice John Marshall Harlan II was an architect of First Amendment jurisprudence in obscenity law, freedom of association, expressive conduct,...

• John Milton

  John Milton made an important contribution to the idea of free speech and free press in a pamphlet, Areopagitica, published in response to a restrictive...

• John Paul Stevens

  Supreme Court Justice John Paul Stevens contributed mightily to First Amendment jurisprudence and seemingly became more speech-protective in his later years on...

• John Peter Zenger

  The trial of John Peter Zenger was one of the most important events in shaping American thinking toward freedom of speech prior to and after the adoption of the...

• John Quincy Adams

  John Quincy Adams was the sixth president of the United States, a legislator, and an attorney. He argued against the "gag rule" in Congress that tabled...

• John Roberts Jr.

  Chief Justice John G. Roberts Jr. has had an indelible impact on the First Amendment in his time on the Court. He has proven to be sensitive to First Amendment...

• 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 Stuart Mill became a guiding light for individual liberty. Practical applications of First Amendment principles often rest upon allusions to his ideas...

• John Wilkes

  John Wilkes was an Englishman who championed free expression and individualism during the 18th century. He was prosecuted for seditious libel and obscenity...

• John Winthrop

  John Winthrop was an early Puritan leader who created the basis for established religion that remained in place in Massachusetts until well after adoption of...

• John Witherspoon

  John Witherspoon was the only clergyman to sign the Declaration of Independence and Articles of Confederation as well as serve at the New Jersey convention to...

• Johnson Amendment

  The Johnson Amendment was adopted in 1954, restricting tax-exempt churches from participating in political campaigns or risk losing their tax-exempt status....

• Johnson v. Avery (1969)

  In Johnson v. Avery (1969), the Supreme Court affirmed that inmates retain the First Amendment right to petition the courts for a redress of grievances...

• Johnson v. Robison (1974)

  In Johnson v. Robison (1974), the Court ruled that making veterans’ education benefits unavailable to conscientious objectors who performed alternate service...

• Joint Anti-Fascist Refugee Committee v. McGrath (1951)

  In Joint Anti-Fascist Refugee Committee v. McGrath (1951), the Court furthered First Amendment rights of association by ruling that blacklisted organizations...

• Jones v. City of Opelika (1942, 1943)

  The two Jones v. City of Opelika (1942, 1943) cases, dealing with licenses for religious booksellers, raised important First Amendment issues regarding free...

• Jones v. North Carolina Prisoners' Union (1977)

  In Jones v. North Carolina Prisoners’ Union (1977), the Supreme Court upheld state prison restrictions on union meetings, distribution, and soliciting...

• Jones v. Wolf (1979)

  In Jones v. Wolf, 443 (1979), the Court ruled that, under the First Amendment, a state could resolve church property disputes by applying neutral principles of...

• Joseph Breen

  Joseph Ignatius Breen, one of the most powerful people in Hollywood, developed the moral guidelines that shaped the content of the films shown in America for...

• Joseph Forer

  Joseph Forer, a civil liberties attorney, achieved prominence by challenging the constitutionality of federal laws used to target suspected members of the...

• Joseph Priestley

  Joseph Priestley was a notable figure of the 18th century Enlightenment. He had a major influence on the First Amendment principles of religious liberty in the...

• Joseph Rauh, Jr.

  Joseph L. Rauh Jr. was a renowned civil liberties lawyer who argued numerous cases before the Supreme Court, including at least three that dealt with First...

• Joseph Smith

  Joseph Smith founded the Church of Jesus Christ of Latter-day Saints, also called the Mormon Church. Smith and his church suffered and perpetrated First...

• Joseph Story

  Justice Joseph Story was arguably the greatest scholar ever to serve on the Supreme Court. His Court opinions and his writings reveal his perspective on First...

• Judaism

  The First Amendment gave Jews the opportunity to exercise their faith freely. Yet, they have still faced challenges from those who perceive America as a...

• Judicial Campaign Speech

  To promote judicial impartiality, states have regulated judicial campaign statements, but recent court decisions have granted such comments greater First...

• Judith Miller

  Judith P. Miller, a Pulitzer Prize–winning investigative journalist, went to jail rather than testify before a federal grand jury about a confidential source...

• Julian Assange

  Julian Assange is the founder of WikiLeaks, an international non-profit organization that publishes leaks from across the globe.   In the First Amendment world...

• Kansas v. Boettger and Kansas v. Johnson (2020)

  The Supreme Court declined to hear an appeal of a Kansas State Supreme Court ruling that invalidated a statute criminalizing threats made with reckless...

• Kaplan v. California (1973)

  Kaplan v. California, 413 U.S. 115 (1973) affirmed that a book, even without illustrations, can be obscene and thus unprotected by the First Amendment...

• Karlan v. City of Cincinnati (1974)

  In Karlan v. City of Cincinnati (1974), the Court was asked to decide whether a city ordinance prohibiting words uttered in an "insulting" manner violated the...

• Katzev v. County of Los Angeles (Cal.) (1959)

  In Katzev v. County of Los Angeles (Cal. 1959), the California Supreme Court used the First Amendment to strike down an ordinance prohibiting the sale of crime...

• Kedroff v. Saint Nicholas Cathedral (1952)

  In Kedroff v. Saint Nicholas Cathedral (1952), the Supreme Court ruled that a New York law exercised unconstitutional legislative interference in the freedom of...

• Keefe v. Adams (8th Cir.) (2016)

  In Keefe v. Adams (8th Cir., 2016), a circuit court ruled that a public college could expel a nursing student for Facebook posts that indicated a lack of...

• Keller v. State Bar of California (1990)

  In Keller v. State Bar of California (1990), the Court upheld a state bar's use of compulsory membership fees if such fees were used to support "germane"...

• Kelley v. Johnson (1976)

  In Kelley v. Johnson (1976), the Supreme Court found that a county regulation limiting the length of county policemen’s hair did not violate the First or...

• Ken Paulson

  Kenneth A. Paulson has led several national programs to increase understanding of the First Amendment and its role in society. He is former editor in chief of...

• Kennedy v. Bremerton School District (2022)

  In Kennedy v. Bremerton School District, the Supreme Court ruled that a coach-led prayer on the 50-yard line did not violate the establishment clause of the...

• Kevin O'Neill

  Kevin F. O’Neill is a law professor at Cleveland-Marshall College of Law who writes frequently on First Amendment issues. He oversaw First Amendment cases at...

• Keyishian v. Board of Regents (1967)

  In Keyishian v. Board of Regents (1967) was an important decision by the Supreme Court for the concept of academic freedom as a constitutionally protected value...

• Kimm v. Rosenberg (1960)

  The Court decision in Kimm v. Rosenberg (1960 focused chiefly on the self-incrimination provision of the Fifth Amendment, but it also had implications for First...

• Kingsley Books, Inc. v. Brown (1957)

  In Kingsley Books, Inc. v. Brown (1957), the Court upheld a state statute that allowed for the destruction of obscene materials after an expedited hearing...

• Kingsley International Pictures v. Board of Regents (1959)

  In Kingsley International Pictures v. Board of Regents (1959) the Court reviewed constitutional issues of prior restraint raised by the practice of states...

• Kitzmiller v. Dover Area School District (M.D. Pa.) (2005)

  In Kitzmiller v. Dover Area School District (M.D. Pa. 2005), a judge ruled that requiring teachers to teach both Intelligent Design and evolution violated the...

• Kleindienst v. Mandel (1972)

  In Kleindienst v. Mandel (1972), the Court held that First Amendment protections did not extend to non-citizens, even if invited to the country for academic...

• Knox v. Service Employees International Union (2012)

  In Knox v. Service Employees International Union (2012), the Court struck down a union’s imposition of special dues applied to nonunion members to oppose two...

• Konigsberg v. State Bar (1961)

  Konigsberg v. State Bar (1961) addressed bar applicants' First Amendment rights after an applicant refused to answer questions about his Communist affiliation...

• Kovacs v. Cooper (1949)

  Kovacs v. Cooper (1949) upheld the conviction of a man under a city ordinance that prohibited the use of sound trucks that emitted “loud and raucous”...

• Ku Klux Klan

  Although some Supreme Court decisions have allowed prosecution of the Ku Klux Klan for terrorist activity, others have affirmed the First Amendment rights of...

• Kunz v. New York (1951)

  Kunz v. New York (1951) overturned a city ordinance which refused to renew a street preaching permit. The Court struck down the law as a prior restraint of...

• Laird v. Tatum (1972)

  Laird v. Tatum (1972) upheld an Army surveillance program on U.S. citizens despite arguments that the surveillance had a chilling effect on their First...

• Lamb's Chapel v. Center Moriches Union Free School District (1993)

  Lamb's Chapel v. Center Moriches School District (1993) said that a law banning a religious group from using a public school to show a religious film violated...

• Lamont v. Postmaster General (1965)

  Lamont v. Postmaster General (1965) used the First Amendment to invalidate a federal law allowing the Postmaster General to regulate communist propaganda...

• Lander v. Seaver (Vermont Supreme Court) (1859)

  An Vermont Supreme Court decision demonstrates that courts early in America's history permitted fairly harsh discipline of students, even for actions that took...

• Landmark Communications, Inc. v. Virginia (1978)

  Landmark Communications Inc. v. Virginia (1978) said punishing the press for divulging information from a judicial commission violated the First Amendment...

• Lane v. Franks (2014)

  In Lane v. Franks (2014), the Supreme Court said that the First Amendment protected a public employee who was terminated after providing truthful court...

• Largent v. Texas (1943)

  Largent v Texas (1943) said giving a city mayor the power to determine who can distribute pamphlets is censorship and not allowed under the First Amendment...

• Larkin v. Grendel's Den, Inc. (1982)

  In Larkin v. Grendel's Den (1982), the Supreme Court said a state law giving churches the ability to veto liquor license applications violated the First...

• Larry Flynt

  Larry Flynt, controversial publisher of Hustler magazine, often claimed First Amendment free speech protection when charged with obscenity and pornography...

• Larson v. Valente (1982)

  Larson v. Valente (1982) said a statute requiring churches who received less than 50 percent of their funds from members to file certain reports violated the...

• Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States (1890)

  In 1890, the Court ruled that Congress could dissolve the Mormon church because of its practice of polygamy. That action is now considered a clear violation of...

• Laurence Tribe

  Laurence Tribe, a professor at Harvard Law School, is regarded as one of the preeminent scholars in the field of constitutional law and First Amendment...

• Lavine v. Blaine School District (9th Cir.) (2001)

  Lavine v. Blaine School District (9th Cir. 2001) said a school's decision to emergency expel a student who submitted a violent-themed poem did not violate the...

• Law Students Civil Rights Research Council v. Wadmond (1971)

  Law Students Civil Rights Research Council v. Wadmond (1971) said a state bar requirement for attorneys to prove loyalty to the United States did not violate...

• Lawrence Speiser

  Civil rights attorney Lawrence Speiser may be the only person who has successfully represented himself before the Supreme Court in a First Amendment case...

• Leach v. Carlile (1922)

  Leach v. Carlile (1922), which upheld a mail fraud order, is best known for a dissent emphasizing that the First Amendment was designed to prevent prior...

• Learned Hand

  Billings Learned Hand served as a federal district and appellate judge and had enormous influence on the law understanding in the United States, specifically...

• Least Restrictive Means

  When evaluating whether a law infringes upon freedom of speech guaranteed in the First Amendment, the Supreme Court has sometimes used a "least restrictive...

• Leathers v. Medlock (1991)

  Leathers v. Medlock (1991) established the principle that a generally applicable tax that may fall harder on one form of media than others does not violate the...

• Lee Art Theatre v. Virginia (1968)

  Lee Art Theatre v. Virginia (1968) ruling that a warrant to seize obscene film based on a police officer’s personal observations violated the First Amendment...

• Lee C. Bollinger

  Lee C. Bollinger, a legal scholar of the First Amendment, is an advocate for tolerance theory, which argues that broad acceptance for expression will increase...

• Lee v. International Society for Krishna Consciousness (1992)

  In Lee v. International Society for Krishna Consciousness (1991), the Supreme Court said the First Amendment prohibited a ban on leafleting in an airport...

• Lee v. Weisman (1992)

  Lee v. Weisman (1992) ruled that public schools violate the Establishment Clause of the First Amendment when they lead students in public prayer at school...

• Legal Services Corp. v. Velazquez (2001)

  Legal Services Corp. v Velazquez (2001) said a prohibition on using federal funds designated for indigent legal services to challenge welfare law violated the...

• Lehman v. City of Shaker Heights (1974)

  Lehman v. City of Shaker Heights (1974) said that prohibiting political advertisements on public transportation does not violate a candidate’s First Amendment...

• Lehnert v. Ferris Faculty Association (1991)

  Lehnert v. Ferris Faculty Association (1991) addressed First Amendment protections and the expenditure of contributions nonunion members are required to pay to...

• Lemon Test

  The Supreme Court often uses the three-pronged Lemon test when it evaluates whether a law or governmental activity violates the establishment clause of the...

• Lemon v. Kurtzman I (1971)

  Lemon v. Kurtzman (1971) said the First Amendment prohibited government from providing funds to church-run schools. It established the Lemon Test for...

• Lemon v. Kurtzman II (1973)

  Lemon v. Kurzman II (1973) said the ruling prohibiting government from funding religious schools did not mean retroactive payments violated the First Amendment...

• Lenny Bruce

  Comedian Lenny Bruce was arrested numerous times due to alleged obscenity. Through his legal struggles, Bruce brought his craft more First Amendment protection...

• Leo Pfeffer

  Leo Pfeffer, one of the twentieth century’s most active litigators on church-state issues, participated in several First Amendment cases before the U.S....

• Leonard Boudin

  Leonard Boudin (1912–1989), a prominent civil liberties attorney, argued many First Amendment cases before the Supreme Court including cases related to free...

• Leonard Levy

  Leonard W. Levy was an influential scholar and historian whose works on the Constitution and Bill of Rights have been cited in numerous First Amendment cases...

• Letter Carriers v. Austin (1974)

  Letter Carriers v. Austin (1974) ruled the term "scab" could not be the basis of a libel claim by a non-union member as rhetorical hyperbole is protected by the...

• Levitt v. Committee for Public Education and Religious Liberty (1973)

  Levitt v. Committee for Public Education and Religious Liberty (1973) said that payments to religious schools for state-mandated testing violated the First...

• Lewis Powell Jr.

  Supreme Court Justice Lewis F. Powell Jr. was conservative on matters of crime and law enforcement but liberal on First Amendment matters concerning separation...

• Lewis Publishing Company v. Morgan (1913)

  Lewis Publishing Company v. Morgan (1913) said requiring newspapers to submit the names of editors and owners to the Post Office did not violate the First...

• Lewis v. City of New Orleans (1974)

  Lewis v. City of New Orleans (1974) overturned a conviction for cursing at police, saying the state law was overly broad and thus violated the First Amendment...

• Libel and Slander

  Libel and slander lawsuits can have a chilling effect on free speech. The First Amendment rights of free speech and free press often clash with the interests...

• Libel-Proof Plaintiff Doctrine

  The libel-proof plaintiff doctrine is a concept that insulates a defendant from defamation liability for statements made about someone who has no good...

• Liberty Model

  The liberty model of the First Amendment, an alternative to the marketplace of ideas, emphasizes that speech should be protected because of its value to the...

• Libraries and Intellectual Freedom

  Libraries protect the right to receive information, a concept in First Amendment jurisprudence that can protect against some book banning and Internet filtering...

• Licensing and Permit Laws

  Licensing laws that restrict First Amendment rights must not be based on the content of the speech and can only regulate the time, place and manner of the...

• Liles v. Oregon (1976)

  In Liles v. Oregon (1976), which raised First Amendment obscenity issues, the Court denied a writ of certiorari. A dissent by Justice Brennan involved the...

• Lincoln Federal Labor Union v. Northwestern Iron and Metal Co. (1949)

  In Lincoln Federal Labor Union v. Northwestern Iron and Metal Co. (1949), the Supreme Court upheld anti-closed shop laws against a First Amendment challenge...

• Linmark Associates, Inc. v. Township of Willingboro (1977)

  Linmark Associates, Inc. v. Township of Willingboro (1977) invalidated an ordinance that limited "For Sale" signs in neighborhoods on First Amendment grounds...

• Linn v. United Plant Guard Workers of America (1966)

  Linn v. United Plant Guard Workers of America (1966), which dealt with a union organizing campaign, affirmed that libel is not protected by the First Amendment...

• Little Sisters of the Poor Saints Peter and Paul, Home v. Pennsylvania (2020)

  Little Sisters of the Poor Saints Peter and Paul v. Pennsylvania (2020) said the First Amendment allowed employers to opt out of providing contraceptive...

• Lloyd Corporation, Ltd. v. Tanner (1972)

  Lloyd Corporation, Ltd. v. Tanner (1972) said that a shopping mall is private property and people do not have a First Amendment right to stage protests there...

• Lloyd Cutler

  Lloyd Cutler (1917–2005) successfully argued three First Amendment cases before the Supreme Court including the landmark case Buckley v. Valeo about campaign...

• Lo-Ji Sales, Inc. v. New York (1979)

  Lo-Ji Sales, Inc. v. New York (1979) overturned an obscenity conviction of an adult business after saying that the search and seizure violated the First...

• Locke v. Davey (2004)

  Locke v. Davey (2004) said a scholarship program in Washington state that did not allow a student to major in theology did not violate his First Amendment...

• Locke v. Karass (2009)

  Locke v. Karass (2009) said that as long as union litigation was related to collective bargaining, charging nonmembers for national litigation did not violate...

• Loitering Laws

  Loitering laws can have a chilling effect on First Amendment freedoms of speech and assembly and have been ruled as unconstitutional even after being rewritten...

• Lorain Journal Co. v. United States (1951)

  Lorain Journal Co. v. United States (1951) said punishing a newspaper for attempting to monopolize interstate commerce did not infringe on the First Amendment...

• Lorillard Tobacco Co. v. Reilly (2001)

  In Lorillard Tobacco Co. v. Reilly (2001), the Supreme Court invalidated state advertising restrictions on tobacco products, saying they violated the First...

• Los Angeles Police Department v. United Reporting Publishing Co. (1999)

  Los Angeles Police Department v. United Reporting Publishing Co. (1999) said banning release of arrestee information for commercial purposes didn't violate the...

• Louis Brandeis

  Supreme Court Justice Louis Brandeis defended the First Amendment and expressed that the best way to combat harmful speech is "more speech, not forced silence...

• Louis Nizer

  Louis Nizer (1902–1994) was a noted trial lawyer who successfully argued two First Amendment cases involving film censorship before the Supreme Court...

• Louisiana ex rel. Gremillion v. NAACP (1961)

  Louisiana ex rel. Gremillion v. NAACP (1961) said a Louisiana law requiring the NAACP to submit its membership list violated the First Amendment freedom of...

• Lovell v. City of Griffin (1938)

  Lovell v. City of Griffin (1938) overturned the conviction of a Jehovah's Witness who sold a pamphlet without getting prior permission from the city on First...

• Lowe v. Securities and Exchange Commission (1985)

  Lowe v. SEC (1985) ruled that under the First Amendment, the Securities and Exchange Commission could not prevent a financial manager from publishing an...

• Loyalty Oaths

  The constitutionality of loyalty oaths is part of the struggle between the government's regulation of threats to national security and the First Amendment...

• Lozman v. City of Riviera Beach, Florida (2018)

  Lozman v. Riviera Beach, Florida (2018) dealt with retaliatory arrests for First Amendment-protected speech after a man was arrested during a city council...

• Lucas v. Arkansas (1974)

  Lucas v. Arkansas (1974) vacated convictions for making derogatory remarks against the police since an earlier case said that such ordinances violated the First...

• Luke Records v. Navarro (11th Cir.) (1992)

  Luke Records v. Navarro (11th Cir. 1992) said the rap album As Nasty As They Wanna Be by 2 Live Crew was not obscene and therefore was protected by the First...

• Luther Baldwin

  The sedition conviction of Luther Baldwin for drunken comments about President John Adams stirred opposition to the Sedition Act of 1798's restrictions on First...

• Lynch v. Donnelly (1984)

  Lynch v. Donnelly (1984) upheld the inclusion of a manger scene in a Christmas display on government property against a First Amendment establishment clause...

• Lyng v. International Union, UAW (1988)

  Lyng v. International Union, UAW (1988) ruled that a law that withheld food stamps from people with family members on strike did not infringe upon First...

• Lyng v. Northwest Indian Cemetery Protective Association (1988)

  Lyng v. Northwest Indian Cemetery Protective Association (1988) said that building a road through sacred Native American sites did not violate the First...

• Mabee v. White Plains Publishing Co. (1946)

  Mabee v. White Plains Publishing Co. (1946) emphasized that First Amendment protections for freedom of the press do not exempt them from general governmental...

• Madalyn Murray O'Hair

  Madalyn Murray O’Hair, an atheist, filed several lawsuits that dealt with First Amendment separation of church and state issues, including prayer in public...

• Madsen v. Women's Health Center, Inc. (1994)

  Madsen v. Women’s Health Center, Inc. (1994) addressed the conflict between the First Amendment rights of antiabortion protestors and women’s constitutional...

• Magna Carta

  The Magna Carta is a series of concessions that English noblemen extracted from King John I in 1215. The document remains an important foundation for many...

• Mahanoy Area School District v. B.L. (2021)

  The U.S. Supreme Court ruled in Mahanoy Area School District v. B.L. that school officials violated the First Amendment when it disciplined a cheerleader for...

• Mail

  Throughout U.S. history, the mail has played a crucial role in shaping jurisprudence on free expression, but its impact on the First Amendment has diminished in...

• Manhattan Community Access Corporation v. Halleck (2019)

  In Manhattan Community Access Corporation v. Halleck (2019), a sharply divided U.S. Supreme Court ruled that a private corporation that oversees public access...

• Manual Enterprises v. Day (1962)

  In Manual Enterprises v. Day (1962) the Supreme Court held that three physique magazines featuring nudity were not obscene and could not be barred from the...

• Marcus v. Search Warrant (1961)

  In Marcus v. Search Warrant (1961), the Court found that the seizure of material considered obscene violated the First Amendment and the Fourteenth Amendment...

• Marketplace of Ideas

  The marketplace of ideas refers to the belief that the test of the truth or acceptance of ideas depends on their competition with one another and not on the...

• Marks v. United States (1977)

  Marks v. United States (1977) found that the Court violated due process by applying the obscenity standards of Miller v. California rather than those of Memoirs...

• Marsh v. Alabama (1946)

  In Marsh v. Alabama (1946) the Court held that a person distributing religious literature on the sidewalk of a “company town” was protected by the First...

• Marsh v. Chambers (1983)

  Marsh v. Chambers (1983) found that the practice of hiring a chaplain to open the legislative day with prayer did not violate the establishment clause of the...

• Martin Garbus

  Martin Grabus is regarded as one of the top First Amendment lawyer–litigators in the United States. He has participated in defamation and intellectual...

• Martin Redish

  Law professor Martin H. Redish is one of the nation’s foremost authorities on the First Amendment. He argued that commercial speech should have First...

• Martin v. City of Struthers (1943)

  In Martin v. City of Struthers (1943), the Court overturned a ruling that upheld the conviction of a door-to-door religious solicitor in a case focusing on...

• Maryland and Virginia Eldership of the Churches of God v. Church of God at Sharpsburg (1970)

  In Maryland and Virginia Eldership of the Churches of God v. Church of God at Sharpsburg (1970) affirmed that in settling church disputes, courts do not raise...

• Maryland Toleration Act of 1649

  Before the First Amendment was adopted, Maryland passed the Toleration Act of 1649, which was meant to ensure religious freedom for Christian settlers of...

• Massachusetts v. Oakes (1989)

  Massachusetts v. Oakes (1989) involved a potentially overbroad state law that criminalized photographing a child younger than age 18 years in a state of nudity...

• Masses Publishing Co. v. Patten (S.D.N.Y) (1917)

  Masses Publishing Co. v. Patten (S.D.N.Y. 1917) stands as testament to Judge Learned Hand's attempt to maintain First Amendment freedoms during World War I...

• Masson v. New Yorker Magazine (1991)

  In Masson v. New Yorker Magazine (1991), the Court ruled that altering interviewees' words was not libelous unless the alterations resulted in a change in the...

• 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...

• Matal v. Tam (2017)

  In Matal v. Tam (2017), the Supreme Court ruled that a federal law prohibiting disparaging trademark names was unconstitutional under the First Amendment...

• Matthew Lyon

  Matthew Lyon was the first person to be prosecuted under the Sedition Act of 1798. He challenged the Act on the grounds that it violated the First Amendment...

• Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (2009)

  The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (2009) does not penalize speech unless the speech is intended to incite hate crimes...

• Mayflower Compact

  One of America’s most important contributions to government is the written constitution. The Mayflower Compact is the first constitution written in the New...

• McAuliffe v. Mayor of New Bedford (Mass.) (1892)

  McAuliffe v. Mayor of New Bedford (Mass., 1892) limited a public employee’s First Amendment rights. The Supreme Court granted more protection to public...

• McBurney v. Young (2013)

  In McBurney v. Young (2013), the Court ruled that Virginia’s Freedom of Information Act, which made some public documents accessible only to Virginians, was...

• McCarran Internal Security Act of 1950 (1950)

  The McCarran Internal Security Act of 1950 required Communist organizations to register with the government, posing a risk to First Amendment freedoms of...

• McCarthyism

  The term McCarthyism described the practice of publicly accusing government employees of political disloyalty and using unsavory investigatory methods to...

• McConnell v. Federal Election Commission (2003)

  McConnell v. Federal Election Commission (2003) upheld major provisions of the Bipartisan Campaign Reform Act of 2002, rejecting claims that the act stifled...

• McCreary County v. American Civil Liberties Union (2005)

  McCreary County v. American Civil Liberties Union (2005) held 5-4 that Ten Commandment displays in Kentucky county courthouses violated the First Amendment's...

• McCullen v. Coakley (2014)

  In McCullen v. Coakley (2014) the Court ruled that a state law prohibiting individuals from standing in a buffer zone outside an abortion facility violated the...

• McCutcheon v. FEC (2014)

  McCutcheon v. FEC (2014) invalidated some campaign regulations that imposed limits on political contributions. The Court said the regulations directly limited...

• McDaniel v. Paty (1978)

  McDaniel v. Paty (1978) ruled that a Tennessee law prohibiting clergy members from serving as political delegates violated the free exercise clause of the First...

• McDonald v. Smith (1985)

  McDonald v. Smith (1985) held that the petition clause of the First Amendment does not endow individuals with absolute immunity from charges of slander and...

• McGowan v. Maryland (1961)

  In McGowan v. Maryland (1961) the Court found that the law limiting business operations on Sundays did not violate the establishment clause of the First...

• McIntyre v. Ohio Elections Commission (1995)

  In McIntyre v. Ohio Elections Commission (1995), the Court ruled that an Ohio statute requiring author identification on election-related publications violated...

• McKee v. Cosby (2019)

  Justice Clarence Thomas in 2019 called into question the actual malice standard and suggested the Court review libel law. His reasoning was outlined in a...

• McKinney v. Alabama (1976)

  McKinney v. Alabama (1976) found that the defendant’s First Amendment right had been violated because he was not allowed to contest the obscenity of the...

• Media Concentration

  Critics of ownership concentration in the news media business say that it threatens the marketplace of ideas and poses a threat to First Amendment freedoms...

• Media Exemption to Antitrust Laws

  To promote diversity of ideas under the First Amendment, the Supreme Court has sometimes allowed news media organizations to have exemptions to antitrust laws...

• Media Institute

  The Media Institute is a Washington D.C.-based nonprofit organization that specializes in publications on First Amendment issues in the communications arena...

• Media Law Resource Center

  The Media Law Resource Center is a nonprofit that was formed “to monitor developments and promote First Amendment rights in the libel, privacy and related...

• Meek v. Pittenger (1975)

  Meek v. Pittenger (1975) concerns an establishment clause challenge to state statutes that permitted its public schools to lend resources to nonpublic schools...

• Meese v. Keene (1987)

  Meese v. Keene (1987) upheld the authority of the government to classify foreign films as propaganda. The Court held that the enabling statute did not abridge...

• Melton v. Young (6th Cir.) (1972)

  Melton v. Young (6th Cir. 1972) represents a time a court had to grapple with the troubling question of the First Amendment and Confederate flag clothing in...

• Melville Nimmer

  Melville Bernard Nimmer, an expert in copyright law and freedom of expression, was a defender of the First Amendment in the Supreme Court case Cohen v....

• Melvin Wulf

  Melvin L. Wulf is a constitutional lawyer whose special field of practice is intellectual property. He also has extensive experience in other First Amendment...

• Membership Lists

  The free speech and freedom of association clauses of the First Amendment generally prevent the government from requiring associations to disclose their members...

• Memoirs v. Massachusetts (1966)

  In Memoirs v. Massachusetts (1966), the Supreme Court revisited its obscenity test that an obscene work must be “utterly without redeeming social value...

• Memorial and Remonstrance

  James Madison’s “Memorial and Remonstrance Against Religious Assessments” argued for complete religious liberty and against government support of religion...

• Metro Broadcasting, Inc. v. Federal Communications Commission (1990)

  Metro Broadcasting v. Federal Communications Commission (1990) upheld affirmative action policies favoring minorities in broadcast licensing to promote...

• Metromedia, Inc. v. City of San Diego (1981)

  Metromedia, Inc. v. City of San Diego (1981) invalidated a city ordinance prohibiting outdoor advertising display signs because it reached “too far" into...

• Meyer v. Grant (1988)

  Meyer v. Grant (1988) invalidated a provision of a Colorado statute that made it a felony to pay people circulating petitions to include initiatives on state...

• Meyer v. Nebraska (1923)

  In Meyer v. Nebraska (1923) invalidated a state law that banned teaching foreign languages to schoolchildren. The law violated the Fourteenth Amendment’s due...

• Miami Herald Publishing Co. v. Tornillo (1974)

  Miami Herald Publishing Co. v. Tornillo (1974) struck down a Florida law granting a right to reply to political candidates who had been attacked by newspapers...

• Michael McConnell

  Michael W. McConnell is a scholar on issues relating to First Amendment religion issues. He has argued against extreme views of separation of church and state...

• Middle Finger Gesture

  Experts believe the middle finger gesture does not rise to the legal standard of obscenity or fighting words. However, they do believe students can be punished...

• Milavetz, Gallop & Milavetz, P.A. v. United States (2010)

  Milavetz, Gallop & Milavetz, P.A. v. United States (2010) upheld provisions of the BAPCPA that restricted attorneys representing individuals in bankruptcy...

• Milk Wagon Drivers Union v. Meadowmoor (1941)

  Milk Wagon Drivers Union v. Meadowmoor (1941), upheld an injunction by an Illinois court against peaceful picketing, which the state court believed was related...

• Milkovich v. Lorain Journal Co. (1990)

  Milkovich v. Lorain Journal Co.(1990) ruled that opinions can be defamatory and that no First Amendment shield for the expression of defamatory opinions is...

• Miller Test

  The Miller Test is the primary legal test for determining whether expression constitutes obscenity.  It is named after the Supreme Court’s decision in Miller...

• Miller v. California (1973)

  In Miller v. California (1973), the Supreme Court established the test used to determine whether expressive materials cross the line into unprotected obscenity...

• Mills v. Alabama (1966)

  In Mills v. Alabama (1966), the Court concluded that a state law placing criminal liability on an election day newspaper editorial violated the First Amendment...

• Minarcini v. Strongsville City School District (6th Circuit) (1976)

  Minarcini v. Strongsville City School District (6th Cir. 1976) upheld that school board officials do not have unfettered discretion to remove books from library...

• Minersville School District v. Gobitis (1940)

  Minersville School District v. Gobitis (1940) ruled that states could require public school students to salute the U.S. flag without violating students’ First...

• 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)

  Minneapolis Star and Tribune Co. v. Minnesota Commissioner of Revenue (1983) ruled that a tax on papers that spent over $100,000 a year on supplies violated the...

• Minnesota Board for Community Colleges v. Knight (1984)

  Minnesota Board for Community Colleges v. Knight (1984) upheld a state law that restricted colleges from listening to any but designated representatives at...

• 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 violating the First Amendment...

• Misappropriation

  Appropriation is the unauthorized use of a person’s likeness for financial gain. Although appropriation may involve speech, it is not protected by the First...

• Mishkin v. New York (1966)

  Mishkin v. New York (1966) ruled that adult materials pandering to a deviant sexual group rather than the community at large are not protected by the First...

• Mitchell v. Helms (2000)

  In Mitchell v. Helms (2000), the Supreme Court rejected a longstanding establishment clause challenge to public funding of instructional resources for religious...

• Monitor Patriot Co. v. Roy (1971)

  Monitor Patriot Co. v. Roy (1971) affirmed the actual malice standard from New York Times Co. v. Sullivan (1964) for judging whether an article constitutes...

• Morrill Anti-bigamy Act of 1862 (1862)

  Congress adopted the Morrill Act for the Suppression of Polygamy in response to a perceived threat posed by polygamy, practiced by the Church of Jesus Christ of...

• Morse v. Frederick (2007)

  In Morse v. Frederick, the Supreme Court ruled it is not a denial of First Amendment rights for school officials to censor student speech they believe...

• Motion Picture Ratings

  The First Amendment limits the degree to which governments can censor movies. The Motion Picture Association of America uses a voluntary system of movie ratings...

• Mount Healthy City School District Board of Education v. Doyle (1977)

  Mount Healthy City School District Board of Education v. Doyle (1977) dealt with claims that a school teacher was denied tenure for his First Amendment-...

• Mueller v. Allen (1983)

  Mueller v. Allen (1983) found that a law allowing tax deductions benefiting parochial schools was not in violation of the establishment clause of the First...

• Municipality of Ponce v. Roman Catholic Apostolic Church in Porto Rico (1908)

  Municipality of Ponce v. Roman Catholic Apostolic Church in Porto Rico (1908) does not directly mention the First Amendment, but it illuminates the...

• Munro v. Socialist Workers Party (1986)

  Munro v. Socialist Workers Party (1986) considered whether ballot access restrictions placed on minor party candidates violated rights protected by the First...

• Murdock v. Pennsylvania (1943)

  Murdock v. Pennsylvania (1943) invalidated a city ordinance that required solicitors to obtain a license. The Court found the law infringed on the First...

• Murphy v. Collier (2019)

  The Supreme Court in 2019 granted a stay of execution to a Texas prisoner who claimed prison rules denying him access to his Buddhist spiritual advisor violated...

• Murphy v. Ramsey (1885)

  In Murphy v. Ramsey (1885), the Supreme Court upheld a federal law that denied polygamists the right to vote, denying that the law was an ex post facto...

• Murray Gurfein

  Murray Gurfein was best known for his ruling as a district court judge in the Pentagon Papers case, a clash between national security interests and First...

• Music Censorship

  First Amendment challenges to music have focused on claims that the lyrics are obscene, that they incite violence, or that they are harmful to minors...

• Must-Carry Rules

  Must-carry rules require cable systems to carry local broadcast television stations. Some must-carry rules have violated the First Amendment while others have...

• Mutual Film Corp. v. Industrial Commission of Ohio (1915)

  Mutual Film Corp. v. Industrial Commission of Ohio (1915), which has been modified since, severely restricted the application of First Amendment freedoms to the...

• NAACP v. Alabama (1958)

  In NAACP v. Alabama (1958), the Court ruled that the First Amendment protected the free association rights of the NAACP and its rank-and-file members...

• NAACP v. Button (1963)

  NAACP v. Button (1963) was important not only to First Amendment jurisprudence but also to the vitality of public interest law firm litigation in general...

• NAACP v. Claiborne Hardware Co. (1982)

  NAACP v. Claiborne Hardware Co. (1982) ruled that an economic boycott constitutes a form of constitutionally protected expression akin to traditional means of...

• Narrowly Tailored Laws

  The term "narrowly tailored" refers to laws regulating First Amendment rights. These must be written to place as few restrictions as possible on First Amendment...

• Nat Hentoff

  Nat Hentoff, a civil libertarian, jazz critic, and self-described troublemaker, spent much of his career defending the First Amendment against a variety of...

• Nathaniel Ward

  Nathaniel Ward wrote the first law code of the Massachusetts Bay Colony, which is considered to be one of the most important works in American constitutional...

• National Anthem, Government Regulation

  Some states as late as the 1940s prohibited musical desecration or alteration of "The Star-Spangled Banner" national anthem. Such laws would be considered...

• National Broadcasting Co. v. United States (1943)

  National Broadcasting Co. v. United States (1943) upheld FCC content-based regulations on broadcast media, finding they did not violate First Amendment free...

• National Coalition Against Censorship

  The National Coalition Against Censorship serves as a hub for groups and individuals combating censorship. It focuses on three activities: action, advocacy, and...

• National Do Not Call Registry

  The National Do Not Call Registry lists phone numbers of those who do not wish to get unsolicited telemarketing calls. The list has been upheld against First...

• National Endowment for the Arts v. Finley (1998)

  National Endowment for the Arts v. Finley (1998) ruled that requiring standards of decency and respect to be considered with funding decisions by the NEA was...

• National Identification Cards

  It has been proposed that United States residents be required to carry proof of identity, but critics of the idea argue that the proposal would raise First...

• National Institute of Family and Life Advocates v. Becerra (2018)

  National Institute of Family and Life Advocates v. Becerra (2018) ruled that forcing pregnancy centers to tell patients about abortion services violated the...

• National Labor Relations Board v. Fruit and Vegetable Packers (1964)

  National Labor Relations Board v. Fruit and Vegetable Packers (1964) protected the rights of picketers using the the NLRA instead of First Amendment protections...

• National Labor Relations Board v. Virginia Electric and Power (1941)

  National Labor Relations Board v. Virginia Electric and Power (1941) examined if illegal activity can be shown on the basis of words otherwise protected by the...

• National Prayer Breakfast

  The National Prayer Breakfast attracts political and religious leaders from around the nation and the world. Some worry that the event borders on violation of...

• National Press Club

  The National Press Club, founded in 1908 and open to all who supply news, has sought to keep First Amendment issues front and center in the public eye...

• National Security

  Despite the First Amendment, perceived risks to national security have prompted the government to restrict First Amendment freedoms throughout U.S. history...

• National Society of Professional Engineers v. United States (1978)

  National Society of Professional Engineers v. United States (1978) said First Amendment protections did not prevent the government from limiting anti-...

• Native Americans

  At times, U.S. governments have denied First Amendment rights to Native Americans. Indian religious beliefs have sometimes posed dilemmas for the application of...

• Natural Law

  Natural law refers to laws of morality ascertainable through human reason. In general, natural law, as a “higher” law, forms the foundation on which the...

• Natural Rights

  The concept of natural rights has an important place in American political thought as reflected in the Declaration of Independence, which used natural rights to...

• Near v. Minnesota (1931)

  Near v. Minnesota (1931) fashioned the First Amendment doctrine opposing prior restraint and reaffirmed that the incorporation of the First Amendment...

• Nebraska Press Association v. Stuart (1976)

  In Nebraska Press Association v. Stuart (1976), the Court ruled that a gag order prior to jury impanelment violated the First Amendment right of freedom of the...

• Neil Gorsuch

  While his record on the Supreme Court has yet to be determined, Justice Neil Gorsuch showed sensitivity toward First Amendment issues while on the court of...

• 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...

• Neutral Reportage Privilege

  Neutral reportage protects from libel claims media that accurately and objectively report newsworthy charges against public figures as part of an ongoing...

• Neutrality, Religion

  Even though the word neutrality does not appear in the Lemon test, many have interpreted the test’s commands to mean that government must be neutral in...

• Neutrality, Speech

  Laws restricting speech are subject to strict scrutiny to ensure they are neutral under the First Amendment. They can not discriminate against speech the...

• Nevada Commission on Ethics v. Carrigan (2011)

  Nevada Commission on Ethics v. Carrigan (2011) determined that a recusal provision did not violate a city council’s First Amendment free-speech rights...

• New Negro Alliance v. Sanitary Grocery Co., Inc. (1938)

  In New Negro Alliance v. Sanitary Grocery Co., Inc. (1938), the Supreme Court ruled that pickets that were a peaceful and orderly dissemination of information...

• New Rider v. Board of Education, Pawnee County, Oklahoma (1973)

  In a case involving two Native American students, Justice William Douglas argued that the Supreme Court should settle the disputes in lower courts over the...

• New York ex rel. Bryant v. Zimmerman (1928)

  New York ex rel. Bryant v. Zimmerman (1928) upheld the conviction of an individual who belonged to the Ku Klux Klan who had not registered according to state...

• 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...

• New York State Liquor Authority v. Bellanca (1981)

  New York State Liquor Authority v. Bellanca (1981) found that banning nude dancing in places where alcohol is sold is not a violation of the First Amendment’s...

• New York Times Co. v. Sullivan (1964)

  New York Times Co. v. Sullivan (1964) required public officials to show prove actual malice in libel cases, enhancing First Amendment protection of government...

• New York Times Co. v. United States (1971)

  New York Times Co. v. United States (1971), also called the "Pentagon Papers" case, defended the First Amendment right of free press against prior restraint by...

• New York v. Cathedral Academy (1977)

  New York v. Cathedral Academy (1977) invalidated a state law to reimburse parochial schools because it violated the First Amendment by requiring excessive...

• New York v. Ferber (1982)

  New York v. Ferber (1982) is the foundational decision in which the Supreme Court held that the First Amendment does not protect child pornography...

• New York v. P.J. Video, Inc. (1986)

  New York v. P.J. Video, Inc. (1986) clarified that the First Amendment does not require a higher standard of probable cause when officials seize books or films...

• Newseum

  The Newseum is an “interactive museum of news” built by the Freedom Forum to promote greater public appreciation for First Amendment freedoms and the rich...

• Newspaper Preservation Act of 1970 (1970)

  The Newspaper Preservation Act of 1970 allowed competing newspapers to enter into a joint operating agreement in which they shared revenue but kept separate...

• Niemotko v. Maryland (1951)

  Niemotko v. Maryland (1951) found that a conviction for holding a Bible study in a park without a permit was a denial of the First Amendment right to exercise...

• Nieves v. Bartlett (2019)

  The Supreme Court in 2019 ruled that most claims of arrest in retaliation for speech protected by the First Amendment would fail if there was probable cause for...

• Nike v. Kasky (2003)

  Nike v. Kasky (2003) raised, but did not resolve, contemporary issues regarding First Amendment protection for corporate speech in matters of public concern...

• Nixon v. Shrink Missouri Government PAC (2000)

  Nixon v. Shrink Missouri Government PAC (2000) concluded that Missouri’s political contribution limits did not infringe on First Amendment rights of free...

• Noah Webster

  Dictionary creator Noah Webster did not support the adoption of the First Amendment because he thought the Bill of Rights would give citizens the power to act...

• Noerr-Pennington Doctrine

  The Noerr-Pennington doctrine is a judicially created defense against certain business torts (wrongful acts) for activity that implicates the First Amendment...

• Nonpreferentialism

  The nonpreferentialist test for interpreting and applying the establishment clause of the First Amendment comes close to accommodation and “positive...

• Norman Dorsen

  Norman Dorsen was a leading civil liberties lawyer. He made many of his contributions to First Amendment jurisprudence during his career at the American Civil...

• Norman v. Reed (1992)

  Norman v. Reed (1992) struck down a state law requiring minor political parties to obtain 25,000 signatures to appear on the ballot, finding it violated the...

• Northwest Ordinance of 1787

  The Northwest Ordinance primarily created the Northwest Territory in 1789 and presaged several provisions of the Constitution and the First Amendment...

• Norton v. Discipline Committee of East Tennessee State University (1970)

  Norton v. Discipline Committee of East Tennessee State University (1970) involved college students’ First Amendment rights to distribute “inflammatory”...

• Norwood v. Harrison (1973 )

  Norwood v. Harrison (1973) found a program that provided textbooks to private schools violated the Fourteenth Amendment but not the establishment clause of the...

• Nostrand v. Little (1960)

  Nostrand v. Little (1960) looked at a state law that required public employees to take loyalty oaths. The Court dismissed the First Amendment questions raised...

• Noto v. United States (1961)

  Noto v. United States (1961) said that the First Amendment prohibits convicting individuals for the mere abstract teaching of the moral propriety of violence...

• 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)

  Nurre v. Whitehead (2010) involved a student, who alleged her First Amendment rights were violated when the band could not perform a religious instrumental at...

• O'Connor v. Washburn University (10th Cir.) (2005)

  O’Connor v. Washburn University (10th Cir. 2005) affirmed a district court decision denying damages to those who alleged that a religious sculpture violated...

• O'Hare Truck Service v. City of Northlake (1996)

  O’Hare Truck Service v. City of Northlake (1996) ruled that retaliation by government officials against contractors for political associations violates First...

• O'Lone v. Estate of Shabazz (1987)

  O’Lone v. Estate of Shabazz (1987) held that inmate religious rights may be restricted for security concerns without being in violation of the First Amendment...

• Obscenity and Pornography

  Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or...

• Ocala Star-Banner Co. v. Damron (1971)

  Ocala Star-Banner Co. v. Damron (1971) showed how the “actual malice” test of the landmark libel case extended to individuals running for public office...

• Oh! Calcutta!

  Oh! Calcutta!, the first Broadway show to display full frontal nudity, opened in 1969. The play inflamed some public officials, leading to censorship and First...

• Ohralik v. Ohio State Bar Association (1978)

  Ohralik v. Ohio State Bar Association (1978) said that states can prohibit direct, face-to-face solicitation by attorneys without running afoul of the First...

• Oklahoma Press Publishing Co. v. Walling (1946)

  Oklahoma Press Publishing Co. v. Walling (1946) said a wage-hour administrator could issue a subpoena to a newspaper without violating the First Amendment...

• Oklahoma Publishing Co. v. Oklahoma County District Court (1977)

  Oklahoma Publishing Co. v. Oklahoma County District Court (1977) found that a gag order on news obtained in an open hearing violated the First Amendment...

• Old Deluder Satan Act of 1647 (1647)

  The Old Deluder Satan Act of 1647, laid the basis for public schools in America and also future First Amendment conflicts regarding religious acts in public...

• Olff v. East Side Union High School District (1972)

  Although the Supreme Court never accepted a case on hair length of public school students, Justice Douglas dissented many times from the decision not to hear...

• Oliver Wendell Holmes Jr.

  Justice Oliver Wendell Holmes was a civil libertarian who protected the First Amendment from encroachments, particularly during and after World War I...

• On Liberty

  On Liberty by British philosopher John Stuart Mill presents an influential argument in favor of free speech, making it an inspiration for future First Amendment...

• One, Inc. v. Olesen (9th Cir.) (1957)

  One, Inc. v. Olesen (9th Cir. 1957) ruled that a homosexual magazine was obscene and not constitutionally protected under the First Amendment rights of free...

• Open Meeting Laws and Freedom of Speech

  Open meetings laws guarantee access by the public to meetings of governing bodies. All states adopted such laws by 1976. Access to government meetings is not...

• Order of St. Benedict v. Steinhauser (1914)

  Order of St. Benedict v. Steinhauser (1914) said a religious order was entitled to the estate of one of its deceased members, protecting the First Amendment...

• Organization for a Better Austin v. Keefe (1971)

  Organization for a Better Austin v. Keefe (1971) held that those seeking a prior restraint on expression carry a heavy burden to show justification for the...

• Original Intent

  Original intent refers to the notion that the judiciary should interpret the Constitution (including the First Amendment) in accordance with the understanding...

• Osborne v. Ohio (1990)

  Osborne v. Ohio (1990) established that the First Amendment right to free speech did not forbid states from enforcing laws against private possession of child...

• Osmond Fraenkel

  Osmond K. Fraenkel was one of the leading civil liberties attorneys of the 20th century. He argued many First Amendment cases before the Supreme Court...

• Our Lady of Guadalupe School v. Vorrissey-Berru (2020)

  The Supreme Court in July 2020 upheld the termination of two teachers in Catholic elementary schools in Our Lady of Guadalupe School v. Vorissey-Berru, saying...

• Overbreadth

  Overbreadth provides that a regulation of speech can sweep too broadly and prohibit speech protected by the First Amendment as well as non-protected speech...

• Overton v. Bazzetta (2003)

  Overton v. Bazzetta (2003) upheld prison non-contact visitation bans, reaffirming that prisons have broad discretion in disciplinary that affect inmates’...

• Owen Roberts

  Supreme Court Justice Owen J. Roberts was known for protecting First Amendment freedoms and wrote several landmark decisions regarding protected free expression...

• Pacific Gas and Electric Co. v. Public Utilities Commission (1987)

  Pacific Gas and Electric Co. v. Public Utilities Commission (1986) established the right of a corporation as a publisher to refuse to print messages with which...

• Packingham v. North Carolina (2017)

  Packingham v. North Carolina (2017) invalidated a state law prohibiting sex offenders from accessing social media. The court said the law barred First Amendment...

• Palko v. Connecticut (1937)

  Palko v. Connecticut (1937) laid the basis for the idea that some freedoms in the Bill of Rights, including the First Amendment, are more important than others...

• Pandering

  Pandering, when distributors or booksellers merchandise works in salacious terms, is a First Amendment issue because of laws that ban mailing obscene materials...

• Panhandling Laws

  Panhandling is a form of solicitation. When municipalities regulate panhandling — a form of speech — First Amendment rights of the poor and dispossessed...

• Paparazzi

  Legislation designed to control the intrusive activities of paparazzi represents a collision between individual privacy and First Amendment free press rights...

• Papish v. Board of Curators of the University of Missouri (1973)

  Papish v. Board of Curators of the University of Missouri (1973) reaffirmed that universities cannot punish students for indecent speech that does not disrupt...

• Parades

  Courts have consistently ruled that private speech that takes place in public in the form of a parade or march is constitutionally protected by the First...

• Parental Naming Rights

  The First Amendment would protect a broad, but not unlimited, right for parents to choose the names of their children based on parental rights over education...

• Paris Adult Theatre I v. Slaton (1973)

  The Supreme Court ruled in Paris Adult Theatre I v. Slaton (1973) that there is no First Amendment right to show obscene films, even to consenting adults...

• Parker v. Levy (1974)

  Parker v. Levy (1974) established for the first time the limits of free political expression usually protected under the First Amendment for those serving in...

• Patrick Henry

  Patrick Henry was an opponent of the U.S. Constitution. His opposition helped convince Federalists to agree to a bill of rights on the document, which included...

• Patterson v. Colorado (1907)

  Patterson v. Colorado (1907), which upheld a contempt citation against a paper that criticized a state supreme court, has been superseded by new First Amendment...

• Paul Freund

  Paul Abraham Freund, a law professor at Harvard University, played a critical part in the movement to better protect the individual liberties of the First...

• Paul Murphy

  Paul Murphy was an advocate of First Amendment freedoms and a leader in the fields of civil liberties. He was known for studying the First Amendment in World...

• Pearson v. Callahan (2009)

  Pearson v. Callahan (2009) involved a Fourth Amendment search and seizure issue but has had a profound impact on much subsequent First Amendment litigation...

• Peel v. Attorney Disciplinary Commission of Illinois (1990)

  In Peel v. Attorney Disciplinary Commission of Illinois (1990), the Court reaffirmed the general First Amendment principle favoring the disclosure of...

• Pell v. Procunier (1974)

  In Pell v. Procunier (1974), the Court upheld a ban on face-to-face media interviews with inmates, rejecting arguments that it interfered with First Amendment...

• PEN American Center

  The PEN American Center annually awards those who fight for First Amendment values and opposes the Patriot Act, even delivering a "press freedom petition" to...

• Pennekamp v. Florida (1946)

  Pennekamp v. Florida (1946) overturned a contempt citation issued to an editor of the Miami Herald. The Court found that the contempt citation violated the...

• Pennsylvania v. Nelson (1956)

  Pennsylvania v. Nelson (1956) addresses federal preemption and illustrates how the Court protected civil liberties such as the First Amendment during the era of...

• Pentagon Papers

  The Pentagon Papers, classified documents that were leaked to the press, became the subject of a major Supreme Court case regarding censorship and First...

• People for the American Way

  People for the American Way is a progressive advocacy group that has become involved in First Amendment cases advocating for religious liberty and separation of...

• People v. Boomer (Mich. Ct. App.) (2002)

  In what is known as the "Cussing Canoeist" case, a Michigan profanity law making it illegal to curse in front of women and children was overturned by a state...

• People v. Counterman (Colo. Court of Appeals) (2021)
• People v. Croswell (1804)

  The 1804 New York State Supreme Court ruling in People v. Croswell introduced that truth should be a defense to libel, even as the court upheld a libel...

• People v. Philips (1813)

  People v. Phillips  has been called the first free exercise case and the origin of priest-penitent privilege. It affirmed the First Amendment’s right to free...

• People v. Ruggles (N.Y.) (1811)

  People v. Ruggles (1811) is one of the few convictions for blasphemy in the U.S. despite a state constitution provision, similar to the First Amendment,...

• Perez v. Florida (2017)

  In Perez v. Florida (2017), the Supreme Court declined to look at the First Amendment issues in the the conviction of a man who drunkenly stated he could blow...

• Perez v. Ledesma (1971)

  Perez v. Ledesma (1971), one of a series of cases decided with Younger v. Harris, arose from district court decisions granting relief against an obscenity...

• Perjury

  Perjury is not protected by the First Amendment because it undermines the ability of courts to obtain truthful testimony and to effectively administer justice...

• Permoli v. New Orleans (1845)

  Permoli v. New Orleans (1845) shows the limits of the free exercise clause of the First Amendment in the years before the Bill of Rights was applied to the...

• Perry Education Association v. Perry Local Educators' Association (1983)

  Perry Education Association v. Perry Local Educators’ Association (1983) used the public forum doctrine to define First Amendment rights granted on government...

• Perry v. Sindermann (1972)

  Perry v. Sindermann (1972) said that public university officials violated the First Amendment when they terminated a professor for publicly criticizing the...

• Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (1996)

  The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 responded to concerns that governmental aid to religious entities might violate the...

• Peter Banta

  Peter Banta was a New Jersey-based attorney active in First Amendment law.  He represented a litany of leading media entities in his career, including The New...

• Pfeiffer v. Board of Education (1898)

  Pfeiffer v. Board of Education (1898) illustrates developments in the states regarding religious exercises in public schools, before the First Amendment was...

• Philadelphia Newspapers, Inc. v. Hepps (1986)

  A case against The Philadelphia Inquirer led the Supreme Court to rule in 1986 that a private figure plaintiff who sues a news organization for libel bears the...

• Phillips et al. (Simon's Executors) v. Gratz (1831)

  Phillips et al. v. Gratz (1831) ruled that a Jewish man had to attend trial on the Sabbath. The decision was issued before the application of the First...

• Pickering Connick test

  The Pickering Connick test refers to a longstanding test in First Amendment law used by courts to determine whether a public employer violated an employee’s...

• Pickering v. Board of Education (1968)

  Pickering v. Board of Education (1968), the seminal case on public employees' First Amendment rights, said they do not give up their right to speak on matters...

• Picketing

  Since Thornhill v. Alabama (1940), courts have held that picketing triggers First Amendment review. Governments can restrict the time, place, and manner of...

• Picketing Outside the Homes of Judges and Justices

  A federal law that prohibits pickets in front of a judge's home with the intent of influencing the judge could be considered a reasonable time, place and manner...

• Pierce v. Society of Sisters (1925)

  Pierce v. Society of Sisters (1925), although never mentioning the First Amendment, has become an important precedent both for the rights of parents to educate...

• Pierce v. United States (1920)

  Pierce v. United States (1920), the last ruling regarding the criminal sections of the Espionage Act, represented another setback for civil liberties in the...

• Pinkus v. United States (1978)

  Pinkus v. United States (1978) centered on jury instructions in an obscenity case relating to contemporary community standards. The instructions violated due...

• Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973)

  Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973) found that banning employment discrimination did not violate the First Amendment...

• Planet Aid v. City of St. Johns (6th Cir.) (2015)

  In Planet Aid v. City of St. Johns (6th Cir. 2015), a federal appeals court ruled that unattended charitable bins are a form of expression protected by the...

• Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists (9th Cir.) (2002)

  Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists (2002) determined that anti-abortion speech was not protected by the...

• Pleasant Grove v. Summum (2009)

  Pleasant Grove v. Summum (2009) determined a city could refuse to place a monument in a public park because it was a form of government speech immune from First...

• Pledge of Allegiance

  The Supreme Court has ruled that compelling schoolchildren to recite the Pledge of Allegiance violates the First Amendment. The Court has not struck "under God...

• Police Department of Chicago v. Mosley (1972)

  Police Department of Chicago v. Mosley (1972) held that the government could not, under the First Amendment, selectively exclude speakers based on the content...

• Political Correctness

  Political correctness is based on the belief that offensive speech and behavior should be eliminated. Politically correct legislation can violate the First...

• Political Parties

  Political parties enjoy significant protection under the First Amendment. It is not always clear who is the “political party” and who can assert First...

• Political Patronage

  Political patronage is the hiring of a person to a government post based on partisan loyalty. Some say that the practice penalizes First Amendment rights of...

• Polygamy

  Polygamy is a practice in which a person is married to more than one person at the same time. Polygamy raises issues under the free exercise clause of the First...

• Pope v. Illinois (1987)

  Pope v. Illinois (1987) confirmed that the third prong of the Miller obscenity test warrants the reasonable person test and should not be based on contemporary...

• Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986)

  The Court later reversed their stance in Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986), which dealt with First Amendment rights of...

• Potter Stewart

  Supreme Court Justice Potter Stewart had a mixed record in First Amendment cases but was often supportive of individual liberty in cases involving speech and...

• Poulos v. New Hampshire (1953)

  Poulos v. New Hampshire (1953) found a state ordinance that banned holding religious services in public parks without a permit did not violate the First...

• Prayer at Public Events

  Many Americans are religious and seek to incorporate prayer into public events. Whether such prayer is allowed under the First Amendment depends on the nature...

• Prayer in Public Schools

  Prayer at public school events can involve three clauses of the First Amendment: the establishment, the free exercise, and the free speech...

• Preferred Position Doctrine

  The preferred position doctrine creates a hierarchy of rights so that some freedoms, such as those related to the First Amendment, receive greater protection...

• Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church (1969)

  Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church (1969) denied courts the authority to interpret doctrine in...

• President's Task Force on Communications Policy

  President Lyndon Johnson's task force on communication policy was a response to potential First Amendment problems with the new technologies of satellite...

• Press Access

  The First Amendment appears to provide a special right for the press, however the Supreme Court has taken a narrow view of the "press clause" and held that the...

• Press-Enterprise Co. v. Superior Court of California (1984, 1986)

  The Supreme Court ruled in 1984 and 1986 that the public has a presumptive right of access to pretrial criminal proceedings under the First Amendment...

• Priest-Penitent Privilege

  All U.S. states have laws protecting certain communications under the priest-penitent privilege. The First Amendment is often considered the basis of such a...

• Prince v. Massachusetts (1944)

  Prince v. Massachusetts (1944) upheld a state regulation prohibiting children from selling newspapers in public places, finding it was not in violation of the...

• Printing Ordinance of 1643 (1643)

  The Constitution framers were familiar with press licensing controls such as England's Printing Ordinance of 1643 when they decided to protect press freedom in...

• Prior Restraint

  Prior restraint allows the government to review the content of printed materials and prevent their publication. Prior restraint usually violates the First...

• Privacy

  Privacy generally refers to an individual’s right to seclusion or right to be free from public interference. Often privacy claims clash with First Amendment...

• Private Property, Expression on

  The Supreme Court generally has rejected arguments that the First Amendment requires private property owners to accommodate expressive speech by others...

• Proclamations of National Days of Prayer or Thanksgiving

  Presidential proclamations concerning holidays date back to colonial times, when it was common for leaders to include requests for prayer and fasting...

• Procunier v. Martinez (1974)

  Procunier v. Martinez (1974) established a protective standard of inmate First Amendment rights. Specifically, reviewed the constitutionality of inmate mail...

• Profanity

  Under modern First Amendment jurisprudence profanity cannot categorically be banned but can be regulated when it applies to categories such as fighting words or...

• Professional Speech Doctrine

  The professional speech doctrine is a concept used by lower courts in recent years to define and often limit the free-speech rights of professionals when...

• Proposed Revisions of the First Amendment — Conservative, Libertarian, and Progressive
• Protection of Children against Sexual Exploitation Act of 1977 (1977)

  Congress passed the Protection of Children Against Sexual Exploitation Act of 1977. Courts later upheld the law from First Amendment and other challenges...

• Protestant Reformation

  The Protestant Reformation appealed to the founders of America, and some of its concepts of individualism and free expression of religion are incorporated into...

• Protests in Neighborhoods

  Many municipalities have enacted ordinances limiting or banning targeted protests in residential areas. The issue presents a clash between privacy and freedom...

• Prudential Insurance Co. of America v. Cheek (1922)

  Prudential Insurance Co. of America v. Cheek (1922) gives a glimpse into First Amendment doctrine prior to the incorporation of the free speech clause to the...

• PruneYard Shopping Center v. Robins (1980)

  PruneYard Shopping Center v. Robins (1980) reaffirmed that states could grant greater free expression rights to their citizens than granted by the First...

• Public Buildings and Religious Use

  The First Amendment creates lines between public and religious buildings. The line is not clear because courts have accepted some civil religion in public...

• Public Employees

  Public employees have a First Amendment right to speak on matters of public concern as long as the speech is not outweighed by an the interest in a disruption-...

• Public Figures and Officials

  To promote First Amendment freedom of speech, libel plaintiffs who are public figures or officials must show a publisher acted with actual malice to collect...

• Public Forum Doctrine

  The public forum doctrine is an analytical tool used in First Amendment jurisprudence to determine the constitutionality of speech restrictions implemented on...

• Public Health Cigarette Smoking Act of 1969 (1969)

  The Public Health Cigarette Smoking Act of 1969 regulated the advertising of tobacco products. Litigation over its effect on free speech rights reached the...

• Public Nudity

  Public nudity is typically banned as a matter of regulating morals. Only recently has the Supreme Court considered public nudity in terms of First Amendment...

• Public Radio

  Concerns about First Amendment rights led to the establishment of the public radio system, in which nonprofit corporations maintain primary control over the...

• Public Television

  American public television is premised on the idea that stations should be independently owned and operated to further the full exercise of First Amendment...

• Public Utilities Commission v. Pollak (1952)

  Public Utilities Commission v. Pollak (1952) determined that First Amendment freedoms were not unreasonably inhibited by the broadcast of radio programs on...

• Puritans

  The framers of the Constitution would look to the Puritan era in history for guidance when crafting the First Amendment rights for freedom of religion...

• Quakers

  Quakers were early advocates of religious freedom and have been at the forefront in protecting and ensuring First Amendment religious liberty rights and other...

• Qualified Immunity

  Under the qualified immunity doctrine, government officials could violate a person’s First Amendment rights, but not face liability because the law was not...

• Quebec Act of 1774 (1774)

  The Quebec Act of 1774, in which the British Parliament provided for religious freedom to its Canadian province, was a progenitor of religious freedoms in the...

• Quick Bear v. Leupp (1908)

  Quick Bear v. Leupp (1908) ruled that expenditures from Native American treaty trust funds for Catholic schools on reservations did not violate the First...

• R.A.V. v. St. Paul (1992)

  In R.A.V. v. St. Paul (1992), the Court, citing violation of the First Amendment, overturned a rule that made it a crime to use a burning cross to intimidate...

• Rabe v. Washington (1972)

  Rabe v. Washington (1972) overturned on First Amendment grounds the conviction of a drive-in theater manager who had been convicted under anti-obscenity laws...

• Rabeck v. New York (1968)

  Rabeck v. New York (1968) dealt with First Amendment protection of explicit material and overturned the obscenity conviction of a man charged with selling "...

• Radio Act of 1912 (1912)

  The Radio Act of 1912 for the first time gave the government control over the broadcast spectrum, leading to First Amendment quandaries in later years...

• Radio Act of 1927 (1927)

  The Radio Act of 1927 created a commission to license broadcasters. Underlying the act was the assumption that radio was expression protected by the First...

• Railway Employees' Department v. Hanson (1956)

  Railway Employees' Department v. Hanson (1956) ruled that the Railway Labor Act's provision for union shops was not a violation of the First Amendment's right...

• Ramirez v. Collier (2022)

  The Supreme Court in Ramirez v. Collier (2022) said that a death row inmate's religious rights claims would likely prevail after Texas rejected his request for...

• Randall v. Sorrell (2006)

  Randall v. Sorrell (2006) said that Vermont's spending and contribution limits infringed upon the First Amendment's right to free speech and threatened freedom...

• Rankin v. McPherson (1987)

  Rankin v. McPherson (1987) ruled that firing a government worker who made a controversial remark about the Reagan assassination attempt violated her First...

• Rap Music and the First Amendment

  The musical genre of rap, which often features a hard-core assessment of inner city woes, has come under threats of censorship through the years in a variety of...

• Red Lion Broadcasting Co. v. Federal Communications Commission (1969)

  Red Lion Broadcasting v. FCC (1969) said a regulation using the fairness doctrine to give a journalist airtime to respond to allegations did not violate the...

• Red Scare

  In two anti-Communist periods in the United States, known as Red Scares, First Amendment rights providing for free expression and free association were...

• Redrup v. New York (1967)

  Redrup v. New York (1967) outlined three guideposts for state obscenity laws to overcome First Amendment concerns, yet the Court could not unite on an obscenity...

• Reed v. Town of Gilbert (2015)

  Reed v. Town of Gilbert (2015) invalidated a city ordinance that restricted the size of directional signs after a pastor challenged the law as violating the...

• Regan v. Taxation With Representation of Washington (1983)

  Regan v. Taxation with Representation of Washington (1983) said that denying tax-exempt status to lobbying organizations did not violate the First Amendment...

• Regan v. Time, Inc. (1984)

  When Sports Illustrated ran afoul of a counterfeiting law, Regan v. Time, Inc. (1984) said the law was not a reasonable restriction on speech and violated the...

• Regulation of Political Campaigns

  Efforts to regulate political campaigns often involve competing First Amendment concerns, forcing the courts to adjudicate which rights deserve more protection...

• Reichle v. Howards (2012)

  In Reichle v. Howards (2012), the Court said there was not a First Amendment right to be free from a retaliatory arrest that is supported by probable cause...

• Reindeer Rule

  The reindeer rule applies to an informal First Amendment principle that arose from controversies over the public display of religious holiday decorations...

• Released Time

  Released time programs allow schoolchildren to use school hours for religious instruction. Programs in which students are coerced into attending violate the...

• Religious Freedom Restoration Act of 1993 (1993)

  Congress passed the Religious Freedom Restoration Act of 1993 requiring courts to apply strict scrutiny when examining whether a law violates Amendment...

• Religious Holidays

  The recognition and celebration of religious holidays by government can run counter to the First Amendment prohibition of government endorsing a particular...

• Religious Land Use and Institutionalized Persons Act of 2000 (2000)

  The Religious Land Use and Institutionalized Persons Act came after concern about allowing state and local laws to prevail in the face of First Amendment...

• Religious Liberty and Charitable Donation Protection Act of 1998 (1998)

  The Religious Liberty and Charitable Donation Protection Act of 1998 was passed to protect First Amendment free exercise of religion through donating to...

• Religious Oaths

  Many early American states required public officeholders to take religious oaths. In 1961, the Supreme Court said this requirement violated the First Amendment...

• Religious Right

  The religious right movement began in the 1970s after Supreme Court decisions in First Amendment cases that invalidated public prayer and Bible readings in...

• Religious Rights of Pharmacists and Morning-After Pills

  The religious rights of pharmacists to refuse to fill a legal prescription for emergency contraception, often known as a morning-after pill, has not made it to...

• Religious Tests for Witnesses

  Before the First Amendment was applied to the states, there was a prominent idea that witnesses in court trials could only testify if they believed in God or...

• Reno v. American Civil Liberties Union (1997)

  Reno v. ACLU (1997) said provisions of the Communications Decency Act that regulated Internet speech were too restrictive and violated the First Amendment...

• 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

  The Reporters Committee for Freedom of the Press has played an important role in many controversies over First Amendment press freedom and freedom of...

• Republican Party of Minnesota v. White (2002)

  Republican Party of Minnesota v. White (2002) said a rule prohibiting judicial candidates from announcing their views on controversial issues violated the First...

• Retaliatory Arrests

  Retaliatory arrests refer to arrests by law enforcement officials against persons in retaliation for those persons’ First Amendment free-expression rights...

• Retraction

  Many states have adopted retraction statutes that allow the press to reduce liability if they publish a correction within a certain time period. Because...

• Revenge Pornography

  Under current First Amendment guidelines, any laws regulating revenge pornography would have to be narrowly drawn and made in pursuit of a “compelling state...

• Reynolds v. United States (1879)

  In Reynolds v. United States (1879), the Supreme Court ruled unanimously that a federal law prohibiting polygamy did not violate the free exercise clause of the...

• Rhetorical Hyperbole

  Rhetorical hyperbole is a First Amendment-based doctrine that the Court has used to provide protection to exaggerated, over-the-top speech in defamation cases...

• Richard M. Nixon

  Richard Nixon's conduct during his presidency typified executive abuse of power, even threatening the freedoms of speech, press, and political association...

• Richard Posner

  Richard Allen Posner, one of the most influential jurists and legal theorists in the United States today, has written numerous First Amendment opinions as an...

• Richardson v. Goddard (1859)

  Richardson v. Goddard (1859) said that state days of prayer were not required to be observed after a firm sued for losing cargo they left out due to a day of...

• Richmond Newspapers, Inc. v. Virginia (1980)

  In Richmond Newspapers, Inc. v. Virginia (1980), the Supreme Court ruled that the First Amendment generally prohibits closing criminal trial proceedings to the...

• RICO Laws

  The application of the Racketeer Influenced and Corrupt Organizations law (RICO) raises First Amendment questions implicating the freedom of association...

• Right of Candidates to Run for Office (May 31, 2022)

  In a case involving a North Carolina congressman's right to run for reelection to office in 2022, the 4th U.S. Circuit Court of Appeals considered his claim of...

• Right of Publicity

  The right of publicity is a right to legal action, designed to protect the names and likenesses of celebrities against unauthorized exploitation for commercial...

• Right to Be Forgotten

  Although recognized in Europe, the right to be forgotten — forcing removal of embarrassing information about an individual from the Internet — would violate...

• Right to Learn and Teach Foreign Languages

  The Supreme Court has held that the Constitution protects the right to learn and teach foreign languages. The Court said this right falls under the penumbra of...

• Right to Receive Information and Ideas

  The United States Supreme Court has recognized that the right to receive information and ideas flows from the First Amendment protection of free speech...

• Right to Respond and Right of Reply

  The FCC's right to respond and reply allowed those criticized on radio and TV broadcasts time to share their viewpoint on air to foster First Amendment...

• Rights of Assembly and Association
• Rights of Military Personnel

  When the U.S. military is a party to cases centering on First Amendment rights, the Supreme Court generally defers to the government’s interest and discretion...

• Rights of Prisoners

  The First Amendment rights of prisoners have been sharply curtailed. When analyzing prisoner speech claims, the Supreme Court has usually deferred to prison...

• Rights of Students

  Public school students enjoy First Amendment protection based on the type of expression and their age. Students do not shed their First Amendment rights at the...

• Rights of Teachers

  In American jurisprudence, public school teachers, as public employees, do not forfeit all of their First Amendment rights to free expression when they accept...

• Riley v. National Federation of the Blind (1988)

  Riley v. National Federation of the Blind (1988) ruled that a state's charitable solicitation fees and rules infringed upon First Amendment free speech...

• Roaden v. Kentucky (1973)

  In Roaden v. Kentucky (1973), the Supreme Court ruled that seizing an obscene film without a warrant constituted impermissible prior restraint under the First...

• Robert Bork

  Judge Robert Bork, who served as solicitor general for President Nixon, believed the First Amendment free speech protection only applied to political speech...

• Robert Carter

  Robert Carter successfully presented several First Amendment cases to the Supreme Court related to the Civil Rights movement and freedom of association and...

• Robert Corn-Revere

  Robert Corn-Revere is a leading First Amendment attorney who has represented college students in free speech cases battling censorship on college campuses...

• Robert Ingersoll

  Robert Ingersoll was a sought-after lecturer in the 1800s and a passionate defender of First Amendment rights. He particularly championed separation of church...

• Robert Jackson

  Robert Jackson, a Supreme Court justice from 1941 to 1954, believed strongly in separation of church and state and free speech protections First Amendment...

• Robert Mapplethorpe

  Photographer Robert Mapplethorpe, who gained notoriety for his explicit images, was posthumously a central figure in a First Amendment clash over art and...

• Robert O'Neil

  Robert O'Neil (1934-2018) was an authority on First Amendment issues, writing several books and amicus curiae briefs on First Amendment cases that reached the...

• Robert Sack

  As an attorney, Robert Sack, now a judge on the 2nd Circuit Court of Appeals, defended the press in libel and other cases relating to First Amendment freedoms...

• Robert Shibley

  Robert Shibley is a leading advocate for First Amendment rights on college campuses and the executive director of Foundation for Individual Rights in Education...

• 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...

• Robocalls

  Some robocall laws enacted by states have been overturned on First Amendment grounds by U.S. Circuit Courts, but the 8th Circuit upheld Minnesota's law in 2017...

• Rodney Smolla

  Rodney Smolla is an influential First Amendment attorney and scholar who has argued cases before the Supreme Court, including the Virginia cross-burning case...

• Roemer v. Board of Public Works of Maryland (1976)

  Roemer v. Bd. of Public Works of Maryland (1976) said a program that gave grants to private colleges, including religious universities, did not violate the...

• Roger Baldwin

  Roger Baldwin formed the ACLU in 1920. During his 30-year tenure there, the organization spurred many landmark cases upholding First Amendment freedoms...

• Roger Williams

  Prior to the First Amendment, Roger Williams, founder of Rhode Island, believed separation of church and state was necessary to maintain the integrity of the...

• Roman Catholic Diocese of Brooklyn v. Cuomo (2020)

  The U.S. Supreme Court in a split 5-4 decision on Nov. 25, 2020, blocked New York's COVID-19 restrictions on the size of religious gatherings, saying although...

• Roman Catholics

  Roman Catholics have been involved in First Amendment religious liberty issues as well as controversies surrounding the separation of church and state...

• Romantic and Transcendental Movements

  Transcendental and Romantic writers believed that government may not interfere with freedom of expression. Some First Amendment court opinions have roots in...

• Ronald Collins

  Ronald Collins is a First Amendment scholar, author and advocate who has written widely on First Amendment issues. He is currently editor of First Amendment...

• Rosen v. United States (1896)

  Rosen v. United States (1896) upheld an obscenity conviction by relying on the Hicklin test, which would eventually be discarded in light of First Amendment...

• Rosenberger v. Rectors and Visitors of the University of Virginia (1995)

  Rosenberger v. Rectors and Visitors of the University of Virginia (1995) ruled that the denial of student funds to a Christian-based magazine violated the First...

• Rosenblatt v. Baer (1966)

  Following a landmark First Amendment case, Rosenblatt v. Baer (1966) remanded a libel case for determination of whether a manager of a county-owned ski resort...

• Rosenbloom v. Metromedia, Inc. (1971)

  Rosenbloom v. Metromedia, Inc. (1971) balanced First Amendment rights against reputation interests and applied the actual malice standard to public interest...

• Rosenfeld v. New Jersey (1972)

  In Rosenfeld v. New Jersey (1972), which involved profanity and the First Amendment, the Court vacated the conviction of a man who used profane language at a...

• Roslyn Litman

  Roslyn Litman successfully argued before the Supreme Court that religious displays at a county courthouse violated the establishment clause of the First...

• Roth v. United States (1957)

  Roth v. United States (1957) resulted in a new test to determine what could be prosecuted under obscenity laws and what was protected under the First Amendment...

• Rowan v. U.S. Post Office Department (1970)

  Rowan v. U.S. Post Office (1970) held that a person's right to privacy prevailed over First Amendment claims of publisher mailing sexual materials to a person's...

• Roy Cohn

  Roy Cohn is best known for his work as the chief counsel to Sen. Joseph McCarthy, whose interrogations of alleged communists had a chilling effect on First...

• Roy Moore

  Roy Moore was a controversial chief justice of the Alabama Supreme Court who gained notoriety for his conservative stances about the First Amendment issue of...

• Rubin v. Coors Brewing Co. (1995)

  Rubin v. Coors Brewing Co. (1995) said that a law restricting beer labels from displaying alcohol content was an infringement of First Amendment commercial...

• Rumsfeld v. Forum for Academic and Institutional Rights (2006)

  Rumsfeld v. Forum for Academic and Institutional Rights (2006) said that conditioning funding on allowing military recruiters on campus did not violate the...

• Runkel v. Winemiller (1799)

  Runkel v. Winemiller (1779) gives insight into how early America viewed the First Amendment. The case involved the Maryland Court of Appeal's intervention in a...

• Russo v. Central School District (2nd Circuit) (1972)

  In Russo v. Central School District (1972), the 2nd Circuit Court said that teachers have First Amendment rights to stay silent during the Pledge of Allegiance...

• Rust v. Sullivan (1991)

  In a First Amendment case, Rust v. Sullivan (1991) upheld regulations prohibiting doctors receiving federal funding from providing information on abortion...

• Rutan v. Republican Party of Illinois (1990)

  Rutan v. Republican Party of Illinois (1990) said a governor's order requiring his approval for all public employee hiring and firing violated the First...

• Ruth Ginsburg

  The second woman to serve on the Supreme Court, Ruth Bader Ginsburg has interpreted the First Amendment to provide for a high degree of separation of church and...

• Ruthenberg v. Michigan (1927)

  Although Ruthenberg v. Michigan (1927) was dismissed, Justice Brandeis's used his dissent to later form arguments that expanded speech protection under the...

• Rutherford Institute

  The Rutherford Institute is concerned with First Amendment freedom and provides legal help to those who believe their constitutional rights have been violated...

• Sable Communications of California v. Federal Communications Commission (1989)

  Sable Communications of California v. Federal Communications Commission (1989) established the principle that indecent speech for adults is protected by the...

• Safety Valve Theory

  Under the safety valve theory of the First Amendment theory, the ability of citizens to freely protest about government deters them from undertaking violent...

• Saia v. New York (1948)

  Saia v. New York (1948) invalidated a sound truck ordinance that allowed the police chief to act as a censor on speech for violating the First Amendment...

• Salazar v. Buono (2010)

  Salazar v. Buono (2010) said that transferring a cross from public land to private land was not an endorsement of religion and did not violate the First...

• Salem Witch Trials

  The Salem witch trials are a testament to the importance of due process in protecting individuals against false accusations, which are not protected by the...

• Same-Sex Couple Adoption Laws

  Some states have laws that allow adoption agencies to refuse adoption services to same-sex couples, raising questions about First Amendment religious rights...

• Samuel Alito Jr.

  Supreme Court Justice Samuel Alito has shown some sensitivity to religious liberty in First Amendment cases but his record on free speech cases has been...

• Samuels v. Mackell (1971)

  In Samuels v. Mackell (1971), the Supreme Court refused to look at the constitutionality of state anarchy laws. One justice said the First Amendment does not...

• San Francisco Arts and Athletics v. U.S. Olympic Committee (1987)

  San Francisco Arts & Athletics v. the U.S. Olympics Committee (1987) said there was no First Amendment violation in giving exclusive use of the the word '...

• Sandra Day O'Connor

  Sandra Day O’Connor, the first woman to be appointed to the Supreme Court, was often a key swing vote known for her opinions in the area of religious liberty...

• Santa Fe Independent School District v. Doe (2000)

  In Santa Fe Independent School District v. Doe, the Court ruled that a school policy of beginning football games with student-led prayer violated the First...

• Satire

  Although it frequently comes under legal attack, satire, which humorously mocks and scorns individuals and political practices, is protected speech under the...

• Saxbe v. Washington Post Co. (1974)

  In Saxbe v. Washington Post Co. (1974), the Supreme Court established that the press has no general First Amendment right to interview specific prison inmates...

• Scales v. United States (1961)

  Scales v. United States (1961) looked at the First Amendment right of association and upheld the conviction of Scales for being a member of the Communist Party...

• Scarcity Rationale

  The scarcity rationale is a legal reasoning that provides for more government regulation and limited recognition of First Amendment freedoms for broadcasters...

• Schacht v. United States (1970)

  Schacht v. United States (1970) said prohibiting the wearing of an armed forces uniform in theatrical productions that discredited the military violated the...

• Schad v. Mount Ephraim (1981)

  Schad v. Mount Ephraim (1981) ruled that a city's zoning laws must conform to the First Amendment and struck down a regulation that banned all live performances...

• Schaefer v. United States (1920)

  Schaefer v. United States (1920), which upheld convictions for reports hindering the war effort, was representative of setbacks to First Amendment freedoms...

• Schaumburg v. Citizens for a Better Environment (1980)

  Schaumburg v. Citizens for a Better Environment (1980) said requiring 75 percent of donations from door-to-door solicitations to be used for charity violated...

• Scheidler v. National Organization for Women (2006)

  Scheidler v. National Organization for Women (2006) said racketeering laws could not be invoked to challenge antiabortion protests protected by the First...

• Schenck v. Pro-Choice Network of Western New York (1997)

  Schenck v. Pro-Choice Network of Western New York (1997) upheld fixed buffer zones around abortion clinics but said floating buffer zones violate the First...

• Schenck v. United States (1919)

  Schenck v. United States (1919) demonstrated the limits to the First Amendment during wartime and affirmed the conviction of Charles Schenck for violating the...

• Schneider v. State (1939)

  Schneider v. State (1939) invalidated several city ordinances that restricted the distribution of handbills, ruling that the laws infringed on the First...

• Schneiderman v. United States (1943)

  In Schneiderman v. United States, the Supreme Court invoked First Amendment protection of freedom of belief in deciding that the United States could not revoke...

• School Violence

  Since school violence has become a national issue, courts have had to determine whether student speech is a 'true threat' or protected by the First Amendment...

• School Vouchers

  The Supreme Court has upheld school voucher programs, saying if they are administered without favoring one religion over another, they do not violate the First...

• Scientology

  New religions such as Scientology often pose special problems for the legal system and the First Amendment. The religion has had run-ins with the federal...

• Scopes Monkey Trial

  Although Tennessee upheld a law prohibiting the teaching of evolution after the Scopes Monkey Trial, the Supreme Court later said a similar law violated the...

• SCourt: Location of waterboarding site falls under state secrets privilege
• Seattle Times Co. v. Rhinehart (1984)

  Seattle Times v. Rhinehart (1984) said that an order prohibiting a newspaper from publishing material it received during a lawsuit discovery did not violate the...

• Secondary Effects Doctrine

  The secondary effects doctrine is used when content-based laws are aimed at the secondary effects of protected expression. The laws can more easily pass First...

• Secretary of State of Maryland v. Joseph H. Munson Co., Inc. (1984)

  Secretary of State of Maryland v. Joseph H. Munson Co. (1984) said a law restricting how much charities could spend on fundraising violated the First Amendment...

• Secretary of the Navy v. Avrech (1974)

  Secretary of the Navy v. Avrech (1974) said the military law under which a former serviceman was convicted had already withstood a First Amendment challenge...

• Secretary of the Navy v. Huff (1980)

  Secretary of the Navy v. Huff (1980) was decided in conjunction with another case that said limiting the right of the military to petition does not violate the...

• Securities and Exchange Commission

  The First Amendment's free speech guarantees have sometimes been used to challenge Securities and Exchange Commission regulations of communications about...

• Sedition Act of 1798 (1798)

  The clash over the Sedition Act of 1798, designed to deal with threats in the "quasi-war" with France, yielded the first sustained debate over the meaning of...

• Sedition Act of 1918 (1918)

  The Sedition Act of 1918 curtailed the free-speech rights of U.S. citizens during World War I. The law overstepped the bounds of First Amendment freedoms...

• Seditious Libel

  Cases involving the First Amendment and seditious libel, statements intended to provoke dissatisfaction with the government, arose during several eras in...

• Self-government Rationale

  The self-government rationale justifies free speech protections of the First Amendment by reasoning that self-government depends on a free and robust democratic...

• Senn v. Tile Layers Protective Union (1937)

  Senn v. Tile Layers Protective Union (1937) upheld a state law that allowed peaceful picketing. Peaceful picketing is protected by the First Amendment...

• Serbian Eastern Orthodox Diocese v. Milivojevich (1976)

  Serbian Eastern Orthodox Diocese v. Milivojevich (1976) ruled that the First Amendment prevented the state from becoming entangled in hierarchical church...

• Seres v. Lerner (Nev.) (2004)

  Seres v. Lerner (Nev. 2004) struck down a Son of Sam law on First Amendment grounds. The law was designed to prevent criminals from profiting from their...

• Settle v. Dickson County School Board (6th Cir.) (1995)

  Settle v. Dickson County School Board (6th Cir. 1995) said that a student's First Amendment rights were not violated when her teacher refused to accept her...

• Seventh-day Adventists

  Because of their beliefs, including that Saturday is the Sabbath, members of the Seventh-day Adventist Church have been plaintiffs in many First Amendment...

• Sexual Harassment Laws

  The creation of a hostile, intimidating work environment through sexual comments can constitute a type of sexual harassment that may implicate First Amendment...

• Shapero v. Kentucky Bar Association (1988)

  Shapero v. Kentucky Bar Association (1988) struck down a Kentucky rule that barred lawyers from sending targeted direct mail advertisements as a violation of...

• Shaw v. Murphy (2001)

  In Shaw v. Murphy (2001), the Supreme Court said that a prison inmate law clerk did not have a First Amendment right to assist another prisoner in legal matters...

• Shelton v. Tucker (1960)

  Shelton v. Tucker (1960) said an Arkansas law requiring schoolteachers to submit the organizations to which they belonged violated First Amendment freedom of...

• Sheppard v. Maxwell (1966)

  Sheppard v. Maxwell (1966), which involved a murder trial, epitomized how a circus-like “media” trial can pit First Amendment freedom against the right to a...

• Sherbert v. Verner (1963)

  Sherbert v. Verner (1963) said that denying unemployment benefits to an applicant who refused to work on Saturday, her Sabbath, violated First Amendment rights...

• Sherrill v. Knight (D.C. Cir.) (1977)

  In Sherrill v. Knight (1977), a circuit court said the First Amendment limited the right of the White House to arbitrarily deny a press pass to a journalist...

• Shield Laws

  Although the Supreme Court hasn't recognized a First Amendment privilege for journalists to refuse to reveal their sources to a grand jury, most states have...

• Shurtleff v. Boston (2022)

  The Supreme Court ruled in 2022 in Shurtleff v. Boston determined that, in this instance, flying a Christian flag on a city flagpole at the request of a...

• Shuttlesworth v. Birmingham (1969)

  Shuttlesworth v. Birmingham (1969) ruled that the conviction of the Rev. Fred Shuttlesworth for leading a protest march without a permit violated the First...

• Sicurella v. United States (1955)

  Sicurella v. United States (1955) overturned the conviction of a Jehovah’s Witness who was refused conscientious objector status. The First Amendment protects...

• Simon and Schuster v. Members of the New York State Crime Victims Board (1991)

  In Simon and Schuster v. New York State Crime Victims Board (1991), the Supreme Court said that New York's Son of Sam law violated the First Amendment...

• SLAPP Suits

  A SLAPP suit is a civil claimed filed against an individual or organization for exercising their First Amendment right of petition about an issue of public...

• Slaughterhouse Cases (1873)

  The Slaughterhouse Cases (1873) suggested that the First Amendment could be incorporated to the states through the 14th Amendment. Incorporation officially...

• Sloan v. Lemon (1973)

  Sloan v. Lemon (1973) struck down a Pennsylvania law providing tuition reimbursement for children in private schools, finding it violated the First Amendment...

• Smith Act of 1940 (1940)

  The Smith Act of 1940 has been upheld against First Amendment challenges. The Act forbade any attempts to advocate for the violent destruction of the U.S....

• Smith v. Arkansas State Highway Employees (1979)

  Smith v. Arkansas State Highway Employees (1979) ruled that the commission did not violate First Amendment rights by refusing to accept grievances through a...

• Smith v. California (1959)

  Smith v. California (1959) overturned a California law that criminalized the sale of obscene books, saying it was too vague and infringed upon First Amendment...

• Smith v. Daily Mail Publishing Co. (1979)

  Smith v. Daily Mail Publishing (1979) said a West Virginia law that criminalized the publication of a juvenile offender's name violated the First Amendment...

• Smith v. Goguen (1974)

  In Smith v. Goguen (1974), the Supreme Court said a Massachusetts law that criminalized contemptuous treatment of the American flag violated the First Amendment...

• Smith v. Swormstedt (1853)

  Although church and state institutions operate separately under the First Amendment, government has intervened on internal church matters such as in Smith v....

• Smith v. United States (1977)

  Smith v. United States (1977) upheld a jury decision in an obscenity case, saying that the jury can determine community standards in evaluating whether...

• Smothers Brothers Comedy Hour

  The Smothers Brothers Comedy Hour led to discussions of First Amendment free speech as it was regularly censored by CBS. The FCC refused to intervene...

• Snake Handling

  Snake handling is a religious ritual practiced by a small number of Protestant churches. Laws against the practice have been upheld against First Amendment...

• Snepp v. United States (1980)

  Snepp v. United States (1980) said requiring pre-publication review of books by government employees did not violate the First Amendment rights of the authors...

• Snyder v. Phelps (2011)

  Snyder v. Phelps (2011) ruled that the First Amendment prohibited the pressing of civil charges upon a church who picketed the funeral of a slain Marine...

• So Help Me God

  After an unsuccessful challenge, scholars have debated whether presidents repeating the words "so help me God" when they take their oath of office violates the...

• Social Media

  Several First Amendment cases have arisen over the use of social media. Courts have examined how far the government can go in regulating speech on social media...

• Son of Sam Laws

  Son of Sam laws prohibit criminals from profiting from media about their crimes. The Supreme Court overturned New York's Son of Sam law as violating the First...

• Sonia Sotomayor

  Since her appointment to the Supreme Court in 2009, Justice Sonia Sotomayor generally has been a consistent defender of First Amendment values on the bench...

• Sorrell v. IMS Health (2011)

  Sorrell v. IMS (2011) invalidated a state law prohibiting the sale of pharmacy data as an impermissible restriction on free speech guaranteed in the First...

• South Bay United Pentecostal Church v. Newsom (2020)

  South Bay United Pentecostal Church v. Newsom (2020) said attendance limits on houses of worship during the COVID-19 pandemic did not violate First Amendment...

• Southeastern Promotions, Ltd. v. Conrad (1975)

  Southeastern Promotions v. Conrad (1975) said a city's denial of theater space for a performance of the controversial musical Hair violated the First Amendment...

• Spam

  Congress is under growing pressure to regulate spam in much the same way it regulates telemarketing, but regulation of spam raises First Amendment free speech...

• Specialty License Plates

  Specialty license plates have been challenged as discriminatory, but the Court has said the plates are government speech and immune from First Amendment...

• Speech and Debate Clause

  The speech and debate clause of the Constitution is more limited than the First Amendment. Only legislative speech by Congress members is protected from...

• Speiser v. Randall (1958)

  In Speiser v. Randall (1958), the Supreme Court ruled that the state cannot condition the receipt of a tax exemption on a loyalty oath to not overthrow the...

• Spence Test

  Under the Spence Test, used to determine whether expressive conduct is protected by the First Amendment, such conduct must have an intended message, likely to...

• Spence v. Washington (1974)

  In Spence v. Washington (1974), the Supreme Court held that the First Amendment protects the right to desecrate the American flag as a form of symbolic protest...

• Spies v. Illinois (Ill.) (1887)

  Before First Amendment protections were applied to state laws, the Illinois Supreme Court upheld convictions based on speech in the Haymarket Riot in Spies v....

• Sports Logos and Mascots

  Sports logos and mascots that may be offensive to Native Americans, African Americans, or other racial and ethnic groups are generally protected by the First...

• St. Amant v. Thompson (1968)

  St. Amant v. Thompson (1968) said reckless disregard for the truth in libel cases meant a person doubted the truth of a statement. Libel is unprotected by the...

• Stamp Act of 1765 (1765)

  The violent aftermath of the Stamp Act, which taxed on colonial papers and official documents, influenced the Constitution framers to add safeguards like the...

• Stanford v. Texas (1965)

  Stanford v. Texas (1965) ruled that a general warrant to seize books and pamphlets from a person's home was overly broad and implicated First Amendment freedoms...

• Stanley Fleishman

  Stanley Fleishman was a leading First Amendment attorney who appeared before the Supreme Court to argue several obscenity cases despite the crippling effects of...

• Stanley Reed

  Stanley F. Reed was a Supreme Court justice from 1938-1957. He wrote several First Amendment opinions, in which he often sided with the government in...

• Stanley v. Georgia (1969)

  Stanley v. Georgia (1969) the Supreme Court said that criminalizing the mere possession of obscenity violated the First Amendment right to receive information...

• Star Chamber

  The term star chamber refers pejoratively to any secret meeting held by a judicial body. The First Amendment supports the right of the public to attend criminal...

• State Constitutional Provisions on Expressive Rights

  All states have provisions in their constitutions that protect individual rights and in some cases offer greater protection for First Amendment rights than the...

• State Constitutional Provisions on Religion

  Religious liberty advocates have observed that state constitutions may provide more separation of church and state than is protected in the First Amendment...

• State ex rel. Weiss v. City of Edgerton (Wisc.) (1890)

  Weiss v. City of Edgerton (Wisc. 1890) prohibited Bible readings in public schools, relying on the state constitution before the First Amendment was applied to...

• State v. Chandler (Del.) (1837)

  In early America, blasphemy was not protected by the First Amendment. State v. Chandler (Del. 1837) reasoned that blasphemy laws punished disturbances of the...

• State v. Gruber (Md., Cty. Ct.) (1819)

  In State v. Gruber (Md. Cty. Ct. 1819), Jacob Gruber's First Amendment right of speech was defended after he was prosecuted for an antislavery sermon...

• State v. McKee (Conn.) (1900)

  State v. McKee (Conn. 1900) offered an early look at how state courts viewed freedom of the press before the Supreme Court applied First Amendment protections...

• State v. Willson (S.C. App.) (1823)

  State v. Willson (1823 S.C. App.) offers insight into the early understanding of religious liberty in allowing exemptions to laws based on religious beliefs...

• Staub v. City of Baxley (1958)

  Staub v. City of Baxley (1958) invalidated a city ordinance requiring a permit before soliciting residents to join their organization, ruling it violated the...

• Stephen Barnett

  Stephen Barnett was a law professor at the University of California, Berkeley known for his passion for the First Amendment and his fearlessness in combatting...

• Stephen Breyer

  Supreme Court Justice Stephen Breyer generally decides First Amendment cases pragmatically rather than on the basis of rigid ideology, making his votes more...

• Steven Swander

  Steven H. Swander was a Texas-based First Amendment attorney known for his passion for free speech. He was the president of the First Amendment Lawyers...

• Stewart v. McCoy (2002)

  In Stewart v. McCoy (2002), a case dealing with advising gang members, Justice Stevens sought to clarify the First Amendment doctrine of "incitement to imminent...

• Stone v. Graham (1980)

  Stone v. Graham (1980) said a law requiring the posting of the Ten Commandments in every school classroom violated the establishment clause of the First...

• Stop W.O.K.E Act (Florida) (2022)

  A federal judge blocked Florida's Stop W.O.K.E. Act saying that it violates the First Amendment by limiting professors at state schools from expressing certain...

• Storer v. Brown (1974)

  Storer v. Brown (1974) said a California law requiring disaffiliation of independent candidates who wanted to be on the ballot did not violate the First...

• Stormans, Inc. v. Wiesman (2016)

  Stormans, Inc. v. Wiesman (2016) declined to hear a First Amendment case about a law that prohibited pharmacists from refusing on religious grounds to dispense...

• Street v. New York (1969)

  Street v. New York (1969) ruled in a flag-burning case by citing the First Amendment’s protection of “words” but side-stepped the controversial “action...

• Strict Scrutiny

  Strict scrutiny is the highest form of review that courts use to evaluate the constitutionality of laws. A law that restricts freedom of speech or religion must...

• Stromberg v. California (1931)

  Stromberg v. California (1931) said the conviction of a California woman for flying the red flag of the Soviet Union violated the First Amendment free speech...

• Student Activity Fees

  The Supreme Court has ruled that under the First Amendment, decisions about how to use student activity fees on college campuses must be viewpoint neutral...

• Student Press Law Center

  The Student Press Law Center is a not-for-profit corporation dedicated to defending the First Amendment rights of high school and college journalists...

• Students for a Democratic Society

  The civil activism of Students for a Democratic Society, a radical youth group, frequently led to the exercise of First Amendment freedoms in conflict with...

• Substantial Disruption Test

  The substantial disruption test is the standard developed by the Supreme Court to determine when public school officials may discipline students for their...

• Substantial Government Interest

  A substantial governmental interest, more than a legitimate interest but less than a compelling interest, is used in intermediate scrutiny First Amendment cases...

• Substantial Truth Doctrine

  The substantial truth doctrine, stemming from the First Amendment, allows individuals to avoid liability in libel claims if the gist of the statement was...

• Sugarman v. United States (1919)

  Sugarman v. United States (1919) upheld a conviction under the Espionage Act against a challenge that the judge had not given instructions about First Amendment...

• Sunday Blue Laws

  The Supreme Court ruled in 1961 that while Sunday blue laws may have religious origins, they do not violate the First Amendment’s establishment clause...

• Sunday Mail

  Before the First Amendment was applied to the states, Christian Sabbath advocates attacked Sunday mail delivery, saying states should regulate their own...

• Superior Films v. Department of Education (1954)

  Superior Films v. Department of Education (1954) said state laws allowing administrative agencies to refuse licenses to objectionable movies violated the First...

• Surveillance and Wiretapping

  Interception of private communications via electronic surveillance raises First Amendment concerns for the chilling effect it can have on free speech...

• Susan B. Anthony List v. Driehaus (2014)

  Susan B. Anthony List v. Driehaus (2014) upheld standing for a group who said an Ohio law that criminalized false statements during a campaign violated the...

• Swatting

  Swatting is the act of making fake 911 calls to prompt police to send a SWAT team to a person the caller wants to harass. The First Amendment would likely not...

• Swearingen v. United States (1896)

  The First Amendment case Swearingen v. United States (1896) overturned the conviction of a newspaper publisher who mailed a newspaper with an allegedly obscene...

• Sweezy v. New Hampshire (1957)

  Sweezy v. New Hampshire (1957) overturned a contempt citation of professor who refused to disclose the contents of a speech. The Court said First Amendment...

• Symbolic Speech

  Symbolic speech consists of nonverbal, nonwritten forms of communication. It is generally protected by the First Amendment unless it causes a specific, direct...

• Taft-Hartley Act of 1947 (1947)

  The Taft-Hartley Act addressed appropriate forms of symbolic speech, as well as acceptable and unacceptable regulation of the right to association granted in...

• Talley v. California (1960)

  Talley v. California (1960) ruled that an ordinance requiring all handbills to identify the person who published them violated the First Amendment freedoms of...

• Tandon v. Newsom (2021)
• Tashjian v. Republican Party of Connecticut (1986)

  Tashjian v. Republican Party of Connecticut (1986) decided that states cannot impose a closed primary system because it denies political parties their First...

• Tattoos

  Tattoos implicate the First Amendment because many municipalities have sought to impose restrictions on tattooing. Courts have decided tattooing is protected...

• Taxation of Newspapers

  Newspaper taxation controversies that have emerged since the writing of the First Amendment have largely focused on taxation used to penalize certain...

• Taxation of Religious Entities

  Through tax exemptions, legislatures have sought to encourage effects of religious organizations while avoiding First Amendment–based concerns of excessive...

• Taylor v. Mississippi (1943)

  Taylor v. Mississippi (1943) struck down a state law that convicted individuals who spoke against saluting the flag, finding it in violation of the First...

• Taylor v. Roswell Independent School District (10th Cir.) (2013)

  Taylor v. Roswell Independent School District (10th Cir. 2013) rejected the First Amendment claims of students prohibited from further distributing rubber fetus...

• Teitel Film Corp. v. Cusack (1968)

  In Teitel Film Corp. v. Cusack (1968) didn’t address the censorship and First Amendment issues but dealt with the administrative details of America’s...

• Telecommunications Act of 1996 (1996)

  The Telecommunications Act of 1996 significantly altered federal communications policy. Parts of the Act have been struck down for violating the First Amendment...

• Telemarketing

  Telemarketing implicates the First Amendment, which has not been viewed as an absolute bar to regulation. Many regulations have passed First Amendment review...

• Ten Commandments

  Recently, legal challenges have been brought against public display of the Ten Commandments for violating establishment clause of the First Amendment...

• Tennessee Secondary School Athletic Association v. Brentwood Academy (2007)

  Tennessee Secondary School Athletic Association v. Brentwood Academy (2007) ruled that enforcement of anti-recruiting rules did not violate the First Amendment...

• Terminiello v. Chicago (1949)

  Terminiello v. Chicago (1949) overturned on First Amendment grounds a disorderly conduct conviction against a suspended Catholic priest for making inflammatory...

• Terrett v. Taylor (1815)

  Terrett v. Taylor (1815) did not cite the First Amendment because it did not apply to states at the time, but it was one of the most important church-state...

• Texas Monthly, Inc. v. Bullock (1989)

  Texas Monthly, Inc. v. Bullock (1989) struck down a state tax exemption used solely for religious books and periodicals. The exemption violated the First...

• Texas v. Johnson (1989)

  Texas v. Johnson (1989) struck down on First Amendment grounds a flag desecration law. The has decision served as the crux of the debate about burning of the U....

• The Birth of a Nation

  Attempts to block the controversial racist film The Birth of a Nation were common, but there were no First Amendment challenges to the censorship attempts...

• The Catcher in the Rye

  The Catcher in the Rye is one of the most controversial novels in recent U.S. history. Schools have banned and restricted the book for its profanity and sexual...

• The Chocolate War

  Censors have repeatedly tried to remove The Chocolate War from library shelves, but have been stymied by First Amendment–based rights of intellectual freedom...

• The CIA and the Cult of Intelligence

  The CIA and the Cult of Intelligence was the first book to be censored by the government prior to publication. The courts said national security concerns...

• The Devil in Miss Jones

  The Devil in Miss Jones was key in the adult film industry’s quest to be protected by the First Amendment rather than as pornography, which can be deemed...

• The Last Temptation of Christ

  While conservative Christian groups denounced the controversial film The Last Temptation of Christ, Universal Studios publicly defended it as a matter of First...

• Theodore Schroeder

  Theodore Schroeder a lawyer and prolific writer on free expression rights granted by the First Amendment, was one of the founders and long-time secretary of the...

• Thomas Bowdler

  Thomas Bowdler edited Shakespeare’s plays to ensure that they were family-friendly. Bowdler focused his efforts on revising sexual references and blasphemy...

• Thomas Cooley

  Thomas Cooley was a prominent jurist and legal writer during the second half of the nineteenth century who strongly defended property rights and First Amendment...

• Thomas Emerson

  Thomas Emerson was arguably the foremost First Amendment scholar of his generation. Emerson’s book on free speech remains one of the seminal works in First...

• Thomas Goldstein

  Thomas C. Goldstein has argued more than 15 cases before the high court, including some First Amendment cases. He also started the Supreme Court of the United...

• Thomas Jefferson

  Thomas Jefferson, author of the Declaration of Independence and third President of the United States, perpetuated the American ideals of freedom of speech,...

• Thomas Jefferson Center for the Protection of Free Expression

  The Thomas Jefferson Center for the Protection of Free Expression is a nonprofit organization that is devoted to defending the principles of free expression...

• Thomas Paine

  Thomas Paine is best remembered as the author of Common Sense a critique of King George III that called for American independence. His writings were...

• Thomas v. Board of Education, Granville (2d Cir.) (1979)

  Thomas v. Board of Education, Granville (2d Cir. 1979) ruled that a school violated the First Amendment rights when they punished students for creating an off-...

• Thomas v. Chicago Park District (2002)

  Thomas v. Chicago Park District (2002) upheld an ordinance requiring events in a public park to have a permit. The ordinance was sufficient to protect First...

• Thomas v. Collins (1945)

  In Thomas v. Collins (1945), a labor case, the Supreme Court enunciated the preferred position doctrine for First Amendment freedoms of speech and assembly...

• Thomas v. Review Board of Indiana Employment Security Division (1981)

  Thomas v. Review Board of Indiana Employment Security Division (1981) ruled that states could not deny unemployment benefits for quitting his job due to a...

• Thompson v. Hebdon (2019)

  The U.S. Supreme Court in November 2019 vacated a 9th U.S. Circuit Court of Appeals ruling that had upheld an Alaska state law limiting campaign contributions....

• Thompson v. Trump (D.C. District Court) (2022)

  A federal district judge in Thompson v. Trump rejected a presidential immunity claim in a lawsuit that seeks damages for inciting violence at the U.S. Capitol...

• Thompson v. Western States Medical Center (2002)

  Thompson v. Western States Medical Center (2002) ruled that a federal statutory prohibition on the advertisement of compounded drugs violated the First...

• Thornburgh v. Abbott (1989)

  Thornburgh v. Abbott (1989) held that federal prison restrictions relative to incoming publications or letters did not violate the First Amendment right to free...

• Thornhill v. Alabama (1940)

  Thornhill v. Alabama (1940) found that a law that made it illegal for a person to “loiter” around or “picket” a business denied the First Amendment...

• Thornton v. Caldor (1985)

  Thornton v. Caldor (1985) found a state law that gave employees an absolute right not to work on their chosen Sabbath violated the establishment clause of the...

• Thurgood Marshall

  Justice Thurgood Marshall was the first African-American to serve on the Supreme Court. He consistently championed First Amendment and other individual rights...

• Tillman Act of 1907 (1907)

  The Tillman Act of 1907, the first federal effort to regulate campaign finance in U.S. elections, banned corporations from expending treasury money to influence...

• Tilton v. Richardson (1971)

  Tilton v. Richardson (1971) found an act permitting federal aid for secular buildings at religious universities did not violate the religious clauses of the...

• Time, Inc. v. Firestone (1976)

  In Time, Inc. v. Firestone (1976) provided more guidance in determining when a person suing for libel (or defamation) is a public figure or a private person...

• Time, Inc. v. Hill (1967)

  Time, Inc. v. Hill (1967) extended the actual malice standard to a false light invasion of privacy to ensure the First Amendment freedom of the press was not...

• Time, Inc. v. Pape (1971)

  In Time, Inc. v. Pape (1971), the Supreme Court dismissed a conviction against Time magazine, finding that the magazine did not engage in “actual malice...

• Time, Place and Manner Restrictions

  Time, place and manner restrictions are content-neutral limitations imposed by the government on expressive activity. These restrictions do not usually violate...

• Times Film Corp. v. City of Chicago (1961)

  In Times Film Corp. v. City of Chicago (1961) ruled that requiring film exhibitors to apply for licenses before showing their motion pictures did not violate...

• Times Square

  The history of Times Square, known for its crowded streets and tourists, reflects the momentous changes of the past century, including battles over First...

• Timmons v. Twin Cities Area New Party (1997)

  Timmons v. Twin Cities Area New Party (1997) dismissed constitutional claims that so-called fusion ballots are protected by the First Amendment freedom of...

• Tinker v. Des Moines Independent Community School District (1969)

  Tinker v. Des Moines Independent Community School District (1969) established that public school students have First Amendment rights. It is the seminal...

• Tipper Gore

  Tipper Gore led a successful fight to have parental warning labels affixed to record albums that contained explicit lyrics. Critics said her efforts violated...

• Tobacco Advertising

  As tobacco companies have learned, when making statements to the public about products, there are limits to the free speech protections afforded under the First...

• Toledo Newspaper Co. v. United States (1918)

  Toledo Newspaper Co. v. United States (1918), which upheld a contempt citation a judge had issued to a newspaper, reflected early views on First Amendment...

• Tolerance Theory

  One premise underlying First Amendment jurisprudence is the tolerance theory — the belief that promoting expressive freedoms will make individuals more open...

• Tom Clark

  Supreme Court Justice Tom C. Clark is probably best known in First Amendment jurisprudence for his measured opinion in Abington School District v. Schempp (1963...

• Tony and Susan Alamo Foundation v. Secretary of Labor (1985)

  Tony and Susan Alamo Foundation v. Secretary of Labor (1985) ruled that FLSA regulations did not violate the First Amendment when applied to religious...

• Torcaso v. Watkins (1961)

  Torcaso v. Watkins (1961) found that requiring an oath to affirm belief in “the existence of God” in order to hold public office violated the First...

• Tort Liability of Religious Groups

  The religious clauses of the First Amendment raise the issue of whether individuals should be allowed to sue religious entities for similar tort damages...

• Tory v. Cochran (2005)

  Tory v. Cochran (2005) vacated and remanded a decision that had issued a permanent injunction against Tory, who claimed the injunction infringed on his First...

• Town of Greece v. Galloway (2014)

  Town of Greece v. Galloway (2014) ruled a town’s practice of having prayer before town meetings did not violate the Establishment Clause of the First...

• Trans World Airlines v. Hardison (1977)

  Trans World Airlines v. Hardison (1977) dealt with accommodations that private employers were required to make for employees whose religious views limit their...

• Trial of Reuben Crandall (1835-1836)

  In 1835, Reuben Crandall, was prosecuted for seditious libel for possessing abolitionist literature by the author of The Star-Spangled Banner, Francis Scott Key...

• Trinity Lutheran Church of Columbia, Inc. v. Comer (2017)

  Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) used the free exercise clause of the First Amendment to rule that a state had improperly excluded a...

• Trucker Blockade (Feb. 15, 2022)

  Truckers have boycotted coming into the U.S., causing supply chain issues, over a requirement that they get vaccinated to cross the U.S./Canada border. Their...

• True Threats

  A true threat is a statement meant to frighten people into believing they will be seriously harmed by the speaker. True threats are not protected by the First...

• Trustees of Philadelphia Baptist Association v. Hart's Executors (1819)

  Trustees of Philadelphia Baptist Association v. Hart’s Executors (1819) was designed to keep courts out of the business of deciding matters of internal church...

• Trustees of the New Life in Christ Church v. City of Fredericksburg (2022)

  The Supreme Court decided not to hear an appeal in which a Virginia church argued that the government could not determine who was a minister or not in denying...

• Trusz v. UBS Realty Investors, LLC (Conn.) (2015)

  Trusz v. UBS Realty Investors, LLC (Conn. 2015) provided greater First Amendment protection to public employees under a state constitution than the U.S. Supreme...

• Tucker v. Texas (1946)

  Tucker v. Texas (1946) ruled that, under the First Amendment, a town manager could not prohibit door-to-door canvassing in a town owned by the national...

• Tudor v. Board of Education of Borough of Rutherford (N.J.) (1953)

  The New Jersey Supreme Court in 1953 ruled that Bible distribution in public schools by the Gideons violated the First Amendment establishment clause in Tudor v...

• Tunis Wortman

  Tunis Wortman authored A Treatise Concerning Political Enquiry, and the Liberty of the Press in 1800. It attempted to portray freedom of the press as an...

• Turner Broadcasting System, Inc. v. Federal Communications Commission (1994, 1997)

  Turner Broadcasting System, Inc. v. Federal Communications Commission (1994) held that different First Amendment standards applied to cable television and...

• Turner v. Safley (1987)

  Turner v. Safley (1987) determined that restrictions on inmates’ constitutional rights, including those of the First Amendment, were subject to a rational...

• Twitter v. Taamneh (2023)

  The Supreme Court ruled in Twitter v. Taamneh that social media companies did not "aid and abet" an ISIS terrorist attack simply because their algorithms...

• Two Guys from Harrison- Allentown, Inc. v. McGinley (1961)

  Two Guys from Harrison-Allentown, Inc. v. McGinley (1960) ruled that Sunday blue laws did not violate the the establishment clause of the First Amendment...

• Ulysses

  The book Ulysses led to an obscenity trial in 1933 in which a district judge, addressing First Amendment freedom of expression, refused to declare the book...

• Unconstitutional Conditions Doctrine

  The unconstitutional conditions doctrine is encountered most often in First Amendment cases involving government contracts that restrict the contractor’s...

• Unitarianism

  The lack of a formal creed in Unitarian Universalism has led some critics to say it lacks religious content and should not be afforded protection under the...

• United Association of Journeymen Plumbers and Steamfitters v. Graham (1953)

  The Supreme Court in 1953 upheld an injunction preventing union members from picketing in front of a school that used non-union members, reasoning that the...

• United Mine Workers of America, District 12 v. Illinois State Bar Association (1967)

  United Mine Workers of America v. Illinois State Bar Association (1967) said preventing a union from having a salaried attorney violated First Amendment...

• United Public Workers of America v. Mitchell (1947)

  The U.S. Supreme Court in 1947 upheld the Hatch Act against a challenge that it restricted the free speech rights of government employees by preventing them...

• United States Civil Service Commission v. National Association of Letter Carriers (1973 )

  In 1973, the U.S. Supreme Court for a second time upheld the constitutionality of the Hatch Act against claims that it violated the free speech rights of...

• United States ex rel. Milwaukee Social Democratic Publishing Co. v. Burleson (1921)

  Milwaukee Social Democratic Publishing Co. v. Burleson (1921) denied mailing privileges to a socialist newspaper. Dissenters said the decision violated the...

• United States ex rel. Turner v. Williams (1904)

  In 1904, the Supreme Court upheld the planned deportation of anarchist and alien John Turner under the Anarchist Exclusion Act. In Turner v. Williams, the Court...

• United States Postal Service v. Greenburgh Civic Associations (1981)

  USPS v. Greenburgh Civic Associations (1981) said a law against putting unstamped messages in mailboxes was content neutral and did not violate the First...

• United States v. Albertini (1985)

  United States v. Albertini (1985) upheld a conviction for entering an air force base despite being barred. The court said barring reentry did not violate the...

• United States v. Alvarez (2012)

  In 2012, the Supreme Court overturned the Stolen Valor Act as an infringement on free speech after the law was used to prosecute a man who falsely claimed to...

• United States v. American Library Association (2003)

  US v. American Library Association (2003) struck down a First Amendment challenge against a law restricting funding to libraries that did not install Internet...

• United States v. Apel (2014)

  The Supreme Court in United States v. Apel (2014) ruled that the government did not forfeit rights to guard its military bases because of a road easement. An...

• United States v. Auto Workers (1957)

  In 1957, the Supreme Court held that the use of general union treasury funds to sponsor commercial television broadcasts touting 1954 congressional candidates...

• United States v. Ballard (1944)

  In United States v. Ballard (1944), the Supreme Court ruled that the First Amendment prohibited courts from inquiring into the truth or falsity of religious...

• United States v. Congress of Industrial Organizations (1948)

  United States v. CIO (1948), which involved an indictment against a union for its periodical, said the law in question was not intended to infringe upon First...

• United States v. Cruikshank (1876)

  U.S. v. Cruikshank (1876), which arose out of the Colfax Massacre, is important in First Amendment jurisprudence for statements made about freedom of peaceable...

• United States v. Edge Broadcasting Co. (1993)

  In 1993, the U.S. Supreme Court in United States v. Edge Broadcasting Co. upheld a federal law prohibiting the broadcasting of advertisements for state-run...

• United States v. Eichman (1990)

  United States v. Eichman (1990) said the Flag Protection Act of 1989, which banned desecrating an American flag, violated First Amendment freedom of expression...

• United States v. Grace (1983)

  In 1983, the Supreme Court ruled that a federal law that prohibited picketing outside the U.S. Supreme Court building was improperly applied to the sidewalks in...

• United States v. Harriss (1954)

  In 1954, the Supreme Court upheld a federal lobbyist law under a First Amendment challenge that it violates right to speech and petition government. In United...

• United States v. Hudson and Goodwin (1812)

  In 1812, the Supreme Court overturned the criminal libel convictions of the owners of the Hartford Courant who had published an article accusing the president...

• United States v. Kokinda (1990)

  In 1990, the Supreme Court upheld a federal regulation that prohibited solicitation on post office property, including the sidewalks outside. In United States v...

• United States v. Lee (1982)

  The Supreme Court in 1982 declined to rule that religious liberty guaranteed in the First Amendment allowed an Amish farmer to not pay Social Security taxes on...

• United States v. Macintosh (1931)

  United States v. Macintosh (1931) rejected that the First Amendment's protection of conscientious objectors extended to those applying for citizenship...

• United States v. Morison (4th Cir.) (1988)

  United States v. Morison (4th Cir. 1988) upheld the conviction of a Navy employee who had leaked top secret photos. Judges ruled the leak was not protected by...

• United States v. National Treasury Employees Union (1995)

  U.S. v. National Treasury Employees Union (1995) invalidated an honorarium ban that was part of ethics reform, saying it restricted First Amendment rights of...

• United States v. O'Brien (1968)

  The Supreme Court in 1968 upheld a law that prohibited the mutilation of draft cards against a challenge by an anti-war protester who said it violated his First...

• United States v. Orito (1973)

  Although the First Amendment protects the right of an individual to possess pornography inside his home, the right does not extend to transporting material, the...

• United States v. Playboy Entertainment Group (2000)

  U.S. v. Playboy Entertainment Group (2000) said a regulation requiring cable providers to show sexually-oriented material at night only violated the First...

• United States v. Press Publishing Co. (1911)

  In what has been described as "the last gasp of seditious libel" in the United States, the Supreme Court in 1911 quashed federal indictments against several New...

• United States v. Progressive Inc. (W.D. Wis.) (1979)

  United States v. Progressive Inc. (W.D. Wis. 1979), which dealt with the First Amendment, is one of the few times the American press has been restrained from...

• United States v. Reidel (1971)

  The Supreme Court in 1971 affirmed a federal law forbidding the distribution of obscene material through the mail despite an earlier ruling that held a person...

• United States v. Robel (1967)

  Basing the decision on the freedom of association under the First Amendment, the Supreme Court in 1967 upheld the dismissal of an indictment against a Communist...

• United States v. Rumely (1953)

  The Supreme Court in 1953 affirmed the invalidation of a contempt conviction of Edward Rumely, who had refused to tell a congressional committee who purchased...

• United States v. Schwimmer (1929)

  A historic dissent in United States v. Schwimmer (1929) by Oliver Wendell Holmes Jr. calls for toleration of free thought as a principle of the First Amendment...

• United States v. Seeger (1965)

  In 1965, the Supreme Court expanded the concept of religion that is protected under the First Amendment in a case involving a conscientious objector who did not...

• United States v. Smith (Ind.) (1909)

  A federal district judge in 1909 stopped the prosecution of the Indianapolis Star for allegedly libelous stories about President Theodore Roosevelt. Roosevelt...

• United States v. Stevens (2010)

  In 2010, the Supreme Court overturned a federal law that made it a crime to create, sell or distribute images depicting animal cruelty for commercial purposes....

• United States v. Thirty-seven Photographs (1971)

  United States v. 37 Photographs (1971) said a law allowing custom officials to seize obscene materials did not provide procedural safeguards against First...

• United States v. Twelve 200-Ft. Reels of Film (1973)

  US v. Twelve 200-Ft. Reels of Film (1973) upheld a statute banning importation of obscene materials for personal use, finding such action was not protected by...

• United States v. United Foods, Inc. (2001)

  In 2001, the Supreme Court overturned a federal program that required mushroom producers to subsidize generic advertising for mushrooms. In United States v....

• United States v. Williams (2008)

  The Supreme Court in 2008 upheld a provision of a federal child pornography law that makes it a crimes to advertise, promote or present child pornography even...

• United States v. Zubaydah (2022)

  In a case examining the state secrets privilege, the Supreme Court decided in United States v. Zubaya (2022) that the U.S did not have to release the location...

• United Steelworkers of America v. Sadlowski (1982)

  In 1982, the Supreme Court upheld a federal law that prohibited candidates for union leadership positions from accepting contributions from non-union members in...

• United Transportation Union v. State Bar of Michigan (1971)

  In 1971, the Supreme Court reversed an injunction that prevented a union from providing legal advice and services to members, saying it interfered with the...

• University of Pennsylvania v. EEOC (1990)

  University of Pennsylvania v. EEOC (1990) found that disclosure of documents related to tenure decisions did not infringe on First Amendment academic freedom...

• Updegraph v. Commonwealth (Pa.) (1824)

  In 1824, the Pennsylvania Supreme Court upheld a blasphemy conviction against a man who said the Bible was full of fables and lies. In Updegraph v. Commonwealth...

• Uphaus v. Wyman (1959, 1960)

  The Supreme Court in 1959 and 1960 upheld the contempt conviction that led to the jailing of Methodist pacifist minister Dr. Willard Uphaus for refusing to...

• USA Patriot Act of 2001 (2001)

  The Patriot Act, passed after the 9/11 terrorist attacks, has been criticized for incursions into Americans' civil liberties and First Amendment rights of...

• Utah Highway Patrol Association v. American Atheists, Inc. (2011)

  The Supreme Court in 2011 declined to hear a case in which a lower court had ruled Utah Highway Patrol's roadside crosses violated the establishment clause of...

• Uzuegbunam v. Preczewski (2021)

  The U.S. Supreme Court case, Uzuegbunam v. Preczewski, arose when a college prevented a student from distributing religious literature. The court said the case...

• Vagueness

  Courts in the United States give particular scrutiny to vague laws relative to First Amendment issues because of their possible chilling effect on protected...

• Valentine v. Chrestensen (1942)

  Valentine v. Chrestensen (1942) ruled that commercial speech is not protected by the First Amendment. It has made assessing commercial speech under the First...

• Valley Forge Christian College v. Americans United for Separation of Church and State (1982)

  Valley Forge Christian College v. Americans United for Separation of Church and State (1982) limited suits brought to prevent expenditures that might violate...

• Van Orden v. Perry (2005)

  Van Orden v. Perry (2005) ruled that a monument depicting the Ten Commandments in public park did not violate the establishment clause of the First Amendment...

• Vance v. Universal Amusement Co., Inc. (1980)

  Vance v. Universal Amusement Co., Inc. (1980) said a Texas law regulating obscene films was unconstitutional prior restraint in violation of the First Amendment...

• Vatican City, U.S. Recognition of

  U.S. relations with Vatican City have stirred concerns among those who fear that recognition of the city-state could violate the First Amendment's separation of...

• Victor Rabinowitz

  Victor Rabinowitz, an attorney known for his passionate defense of individual liberties, participated in numerous high-profile First Amendment cases throughout...

• Vidal v. Girard's Executors (1844)

  Vidal v. Girard’s Executors (1844) implicated some issues that, if presented to the Court today, would be decided in the context of the First Amendment...

• Video Games

  The Supreme Court has said that video games are entitled to First Amendment protection, invalidating laws that try to limit the access of minors to violent...

• Vietnam War

  The Vietnam War quickly became the focus of symbolic speech and major protests that resulted in increased government attempts to limit First Amendment...

• Viewpoint Discrimination

  Viewpoint discrimination occurs when the government singles out a particular opinion or perspective on that subject matter for treatment unlike that given to...

• Village of Hoffman Estates v. Flipside (1982)

  Village of Hoffman Estates v. Flipside (1982) upheld an ordinance regulating the sale of drug paraphernalia against charges that it was unconstitutionally...

• Village of Skokie v. National Socialist Party of America (Ill) (1978)

  The decision in Village of Skokie v. National Socialist Party of America, 373 N. E. 2d 21 (Ill. 1978) would set the foundation for later hate speech cases...

• Vincent Blasi

  First Amendment scholar and theorist Vincent Blasi is best known for his “checking value” theory of the free speech and free press clauses of the First...

• Virginia and Kentucky Resolutions of 1798

  The Virginia and Kentucky Resolutions of 1798 were Democratic-Republican responses to the Alien and Sedition Acts passed earlier that same year by a Federalist-...

• Virginia Declaration of Rights

  The Virginia Declaration of Rights outlined rights similar to those later incorporated into the U.S. Bill of Rights, including some similar to the First...

• Virginia Report of 1800

  James Madison’s Report of 1800 argued for full freedom of speech and press as indispensable checks on officeholders under a republican form of government...

• Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976)

  In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., the Court ruled that purely commercial speech deserves First Amendment...

• Virginia Statute for Religious Freedom

  The 1786 Virginia Statute for Religious Freedom was the driving force behind the religious clauses of the First Amendment of the U.S. Constitution, ratified in...

• Virginia v. American Booksellers Association (1988)

  Virginia v. American Booksellers Association remanded two questions about a state’s “harmful to juveniles” statute regulating the commercial display of...

• Virginia v. Black (2003)

  Virginia v. Black (2003) upheld a statute making it illegal to burn a cross in public to intimidate others. Cross burning was a true threat unprotected by the...

• Virginia v. Hicks (2003)

  Virginia v. Hicks (2003) held that a trespassing policy of a public housing development was not facially invalid under the First Amendment’s overbreadth...

• Voltaire

  Voltaire was a French author and philosopher of the Enlightenment period who was an inspiration to those on both sides of the Atlantic interested in free...

• W.E.B. DuBois Clubs of America v. Clark (1967)

  The Supreme Court in 1967 rejected a claim by the W.E.B. Dubois Clubs of America, the youth arm of the Communist Party in the United States, that the McCarran...

• Walker v. City of Birmingham (1967)

  In Walker v. City of Birmingham (1967), the Court refused to look at whether a court order against Birmingham civil rights protestors violated the First...

• Walker v. Texas Division, Sons of Confederate Veterans (2015)

  Walker v. Texas Division, Sons of Confederate Veterans (2015) said license plates were a form of government speech and protected from First Amendment challenges...

• Wall of Separation

  The origin of "wall of separation" came from Thomas Jefferson who used the phrase to reflect his understanding of the First Amendment's religion clauses...

• Wallace v. Jaffree (1985)

  Wallace v. Jaffree (1985) struck down a state law requiring a minute of silence in public schools. The Court said the law had a religious purpose and violated...

• Walter Pollak

  Walter Pollak was a leading civil rights attorney in the 1920s. He represented American Communists Benjamin Gitlow and Charlotte Whitney in First Amendment...

• Walz v. Tax Commission of the City of New York (1970)

  Walz v. Tax Commission of the City of New York (1970) held that a property tax exemption for churches did not violate the establishment clause of the First...

• Ward Churchill

  Many defended the First Amendment academic freedom of Professor Ward Churchill after his essay asserting that U.S. foreign policies had incited the 9/11...

• Ward v. Rock against Racism (1989)

  Ward v. Rock against Racism (1989) ruled that cities could control the volume of amplified music at rock concerts without violating the First Amendment...

• Warren Burger

  Chief Justice Warren Burger introduced the Lemon test for determining whether government actions violated the establishment clause of the First Amendment...

• Watchtower Bible and Tract Society v. Village of Stratton (2002)

  Watchtower Bible and Tract Society v. Village of Stratton (2002) said an ordinance making it a misdemeanor to canvass door-to-door without a permit violated the...

• Waters v. Churchill (1994)

  Waters v. Churchill (1994) looked at the First Amendment rights of public employees and what should be done when there is a dispute about the nature of the...

• Watkins v. United States (1957)

  Watkins v. United States (1957) implicated First Amendment rights and overturned the conviction of a man who refused to answer questions of a Congressional...

• Watson v. Jones (1871)

  Watson v. Jones (1871) said the Court would resolve church property disputes on a basis other than church doctrine, furthering the goals of the First Amendment...

• Watts Factors

  The Watts factors refers to three factors the Supreme Court identified in its true-threat decision to distinguish between speech protected by the First...

• Watts v. United States (1969)

  Watts v. United States (1969) determined that the First Amendment does not protect true threats but that a threat made against President Johnson was political...

• Wayte v. United States (1985)

  In Wayte v. United States (1985), the Supreme Court upheld the prosecution methods for not registering for the draft against a due process and First Amendment...

• Webster v. Reproductive Health Services (1989)

  In his dissent in Webster v. Reproductive Health Services (1989), Justice Stevens said that a legislative declaration that life begins at conception violated...

• Welsh v. United States (1970)

  In a case about religious exemptions from the military draft, Welsh v. United States (1970) sought to define the meaning of religion under the First Amendment...

• West v. Derby Unified School District (10th Cir.) (2000)

  West v. Derby Unified School District (10th. Cir. 2000) ruled that suspending a high school student for drawing a Confederate flag did not violate his First...

• West Virginia State Board of Education v. Barnette (1943)

  West Virginia State Board of Education v. Barnette (1943) said requiring students to salute the American flag infringed upon First Amendment freedoms of belief...

• Wheaton v. Peters (1834)

  Wheaton v. Peters (1834) was one of the first cases to deal with copyrights, the protection of which is an exception to general First Amendment protections...

• Whistleblowers

  The First Amendment-related issue of whistleblowing, exposing illegal conduct that violates norms of accountability, has been protected by federal and state law...

• White Supremacists and White Nationalists

  Members of white supremacists and white national groups have tested the limits of the First Amendment through hate speech and threatening demonstrations...

• White v. Nicholls (1845)

  White v. Nicholls (1845) said that letters sent about the fitness for office of public officials could be found to be libelous. Libel is not protected by the...

• Whitehill v. Elkins (1967)

  Whitehill v. Elkins (1967) struck down a loyalty oath requirement at a university after a teacher who had been offered a job challenged it on First Amendment...

• Whitney v. California (1927)

  Justice Louis D. Brandeis’s concurring opinion in defense of free speech in Whitney v. California (1927) has become a milestone in First Amendment...

• Wicca

  Wicca is a minority Neo-Pagan religion of relatively recent origins that was recognized as a religion protected under the First Amendment by a circuit court in...

• Widmar v. Vincent (1981)

  Widmar v. Vincent (1981) said that prohibiting religious use of the University of Missouri's buildings while allowing secular use violated the First Amendment...

• Wieman v. Updegraff (1952)

  In Wieman v. Updegraff (1952), the Court said a loyalty oath requirement for Oklahoma state employees violated the First Amendment freedoms of speech and...

• Wilkinson v. United States (1961)

  In Wilkinson v. United States (1961), the Supreme Court rejected claims that the work of the House Un-American Activities Committee violated the First Amendment...

• William Benbow

  William Benbow (1784-1864) was a British champion of press freedoms found in the First Amendment of the American Constitution. He was convicted of seditious...

• William Blackstone

  In his Commentaries on the Laws of England, Sir William Blackstone outlined the principles of liberty that were later the foundations of the First Amendment...

• William Brennan Jr.

  Supreme Court Justice William Brennan Jr. was an outspoken defender of the First Amendment freedoms of speech and the press against threats of government...

• William Douglas

  Justice William O. Douglas was one of the Court’s most controversial members as well as one of its most passionate defenders of individual freedoms and First...

• William Jennings Bryan

  William Jennings Bryan's defense of Christian fundamentalism in the Scopes monkey trial clashed with the First Amendment’s prohibition of state sponsorship of...

• William Kunstler

  William Kunstler (1919-1995), who won two First Amendment disputes before the Supreme Court, is perhaps best known for his defense in the Chicago Seven case...

• William Penn

  William Penn (1644-1718), founder of Pennsylvania, promoted principles of freedom that helped lay the framework for First Amendment religious liberty...

• William Rehnquist

  Supreme Court Associate and Chief Justice William Rehnquist was not known as a defender of First Amendment rights, but he protective of some aspects of the...

• William Taft

  William Howard Taft is the only person to have served as both President and then chief justice of the United States. His Court began to apply the First...

• Williams v. Rhodes (1968)

  In Williams v. Rhodes (1968), the Supreme Court said a ballot access rule in Ohio violated the First Amendment and placed too heavy a burden on third-party...

• Williams-Yulee v. Florida Bar (2015)

  Williams-Yulee v. Florida Bar (2015) said a rule prohibiting judicial candidates from soliciting money for their campaign did not violate the First Amendment...

• Wilson v. Layne (1999)

  In Wilson v. Layne (1999), the Supreme Court balanced First and Fourth Amendment rights and found that allowing media into homes on police ride-alongs was...

• Winters v. New York (1948)

  Winters v. New York (1948) said a state obscenity law that prohibited the distribution of magazines made up primarily of crime news violated the First Amendment...

• Wireless Ship Act of 1910 (1910)

  The Wireless Ship Act of 1910 was the United States' first effort to regulate radio traffic, but the sinking of the Titanic in 1912 revealed shortcomings in the...

• Wisconsin v. Mitchell (1993)

  Wisconsin v. Mitchell (1993) said a hate crime law that allowed enhanced punishment in crimes motivated by the victim's race or other factors did not violate...

• Wisconsin v. Yoder (1972)

  Wisconsin v. Yoder (1972) addressed the First Amendment right of free exercise of religion in allowing parents to withdraw their children from school for...

• Witters v. Washington Department of Services for the Blind (1986 )

  Witters v. Washington Department of Services for the Blind (1986) said a program that provided funds that a man used for religious education did not violate the...

• Wolff v. McDonnell (1974)

  Wolff v. McDonnell (1974) said prisoners can receive confidential attorney correspondence, but the correspondence can be opened to ensure that the letters...

• Wolman v. Walter (1977)

  Wolman v. Walter (1977) struck down parts of a law that provided funds to nonpublic schools, including religious schools, as a violation of the First Amendment...

• Wolston v. Reader's Digest Association (1979)

  Wolston v. Reader's Digest (1979) said that private individuals did not transform into public figures in libel cases where they had involuntarily become...

• Wood v. Georgia (1962)

  Wood v. Georgia (1962) said a Georgia sheriff's criticism of local judges did not present a clear and present danger and was protected by the First Amendment...

• Wood v. Moss (2014)

  Wood v. Moss (2014)said Secret Service agents who removed protestors were entitled to qualified immunity after the protestors claimed their First Amendment...

• Wooley v. Maynard (1977)

  Wooley v. Maynard (1977) found that fining a man who covered up the state motto on his license plate for religious reasons violated the First Amendment...

• Workplace Religious Freedom Act

  The Workplace Religious Freedom Act would mandate accommodation of religious beliefs in the workplace. The legislation, introduced in 1999, has not yet passed...

• World War I

  Cases challenging the Espionage Act, used in World War I to prosecute those who objected to the war, laid the foundation for modern interpretation of the First...

• World War II

  During World War II, the Supreme Court began to apply the clear and present danger standard of First Amendment protection to dissident political speech...

• Yates v. United States (1957)

  Yates v. United States (1957) was one of the last cases involving the prosecution of American Communists and ruled that that the First Amendment protects...

• Yellow Journalism

  Yellow journalism, sensationalistic or biased stories that newspapers present as objective truth, was created by William Randolph Hearst and Joseph Pulitzer...

• Young v. American Mini Theatres (1976)

  In 1976, the Supreme Court introduced the secondary effects doctrine in upholding zoning of adult businesses in Detroit. In Young v. American Mini Theaters, the...

• Younger v. Harris (1971)

  In 1978, the Supreme Court limited when federal courts could enjoin state prosecution involving state laws argued to violate the First Amendment. In Younger v....

• Zacchini v. Scripps-Howard Broadcasting Co. (1977)

  Zacchini v. Scripps-Howard (1977) said the First Amendment did not shield the press from publicity law after a news station showed the entire Human Cannonball...

• Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio (1985)

  Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio (1985) widened protection for commercial speech by striking down restrictions on...

• Zechariah Chafee Jr.

  Zechariah Chafee Jr. achieved prominence during World War I and its aftermath, when he argued forcefully for broader protection of free speech rights...

• Zelman v. Simmons-Harris (2002)

  In Zelman v. Simmons-Harris (2002), the Supreme Court said a state program allowing taxpayer money to fund school vouchers did not violate the First Amendment...

• Zemel v. Rusk (1965)

  Zemel v. Rusk (1965) refused to interpret the First Amendment so as to grant a citizen an absolute right of travel to other countries to assess the effects of U...

• Zeran v. America Online, Inc. (4th Cir.) (1997)

  Zeran v. America Online, Inc. (4th Cir. 1997) said the Communications Decency Act of 1996 provides broad immunity to Internet service providers (ISPs) from...

• Zobrest v. Catalina Foothills School District (1993)

  Zobrest v. Catalina Foothills School District (1993) said the First Amendment did not prohibit a school district from providing a sign-language interpreter to...

• Zoning Laws

  While land-use zoning generally does not raise First Amendment issues, a government imposing controls to prevent certain businesses from operating may violate...

• Zorach v. Clauson (1952)

  Zorach v. Clauson (1952) said the released time policy of New York violated neither the free exercise nor establishment clause of the First Amendment...

• Zubik v. Burwell (2016)

  Zubik v. Burwell (2016) dealt with regulations requiring employers to provide contraception coverage to their employees and how these regulations affected...

• Zurcher v. Stanford Daily (1978)

  Zurcher v. Stanford Daily (1978) held that the First Amendment’s freedom of the press does not bar the execution of a probable cause search warrant against...

• Zwickler v. Koota (1967)

  Zwickler v. Koota (1967) overturned a district court ruling that had turned down an appeal against a law criminalizing distribution of anonymous handbills...