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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 ships from the Muslim Barbary pirates, assures that the United
States was not founded upon Christianity.
Abington School District v. Schempp (1963) ended devotional exercises in
public schools because the First Amendment forbade the recognition of one
religion over others.
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.S. Supreme Court disagreed in 2022 when it overturned
precedent linking these rights and upholding a Mississippi law banning
abortion.
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.
Adam Smith (1723-1790) was a Scottish philosopher who published “The Theory of Moral Sentiments” (1759) and “The Wealth of Nations” (1776) and is often considered to be the father of capitalism. Smith identified with Scottish common sense philosophers including Francis Hutcheson, David Hume, Thomas Reid and others. Smith’s works explained how market forces of […]
Adler v. Board of Education (1952) upheld a state law that prevented
members of subversive groups from teaching. Dissenters said the law
violated First Amendment freedoms.
In Advocate Health Care Network v. Stapleton (2017), church-related
nonprofits argued they were exempt from ERISA pension rules under First
Amendment church-state separation.
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 racial preferences.
Agency for International Development v. Alliance for Open Society (2013)
said barring funding for NGOs not explicitly opposed to certain policies
violated the First Amendment.
Air Wisconsin Airlines Corp. v. Hoeper (2014) dealt with immunity for
reporting information that might be considered defamatory and unprotected
by the First Amendment.
The Aitken Bible, which was adopted in 2024 as one of Tennessee's 10 official state books, is associated with a challenge to the idea of separation of church and state.The Aitken Bible, a King James Version, was printed in 1792 by Robert Aitken when the Revolutionary War had disrupted the import of Bibles used in the colonies. Aitken unsuccessfully sought Congress to to help fund the printing.
Few if any scientific figures are better known, or have had a greater impact on modern science, than Albert Einstein, a theoretical physicist who was born in Germany in 1879 and died in the United States in 1955. Einstein was best known for his theory of relativity and for the idea, for which he […]
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 publicity.
In 1812, a violent mob broke into a Baltimore newspaper office and attacked its owner Alexander Contee Hanson, whose articles opposing the War of 1812 angered them. In an example of lack of protection of press freedom, government officials refused to defend the newspaper owner and his defenders, even in jail, where another attack occurred, killing one and disfiguring another.
The Alliance Defending Freedom is a conservative Christian organization
dedicated to issues connected to First Amendment religious freedom and
family preservation.
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.
ACLU v. National Security Agency/Central Security Service (E.D. Mich. 2006)
issued an injunction based on First Amendment claims against a terrorist
surveillance program.
American Committee for Protection of Foreign Born v. Subversive Activities
Control Board (1965) said the control board should reconsider a group's
communist classification.
American Federation of Labor v. American Sash and Door Co. (1949) upheld a
right-to-work amendment to the Arizona constitution against First Amendment
challenges.
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 First Amendment.
American Freedom Defense Initiative v. King County (2016), which involved
First Amendment implications of advertising on public transit systems, was
denied certiorari.
The American Indian Religious Freedom Act of 1978 provided that it would
protect First Amendment religious rights of Native Americans, a religious
minority.
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) furthered First
Amendment freedoms by limiting the discretion of the postmaster general
concerning mail delivery.
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 than $5,000, saying it violated the rights of association
protected under the First Amendment.
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 First Amendment rights.
Anderson v. Dunn (1821) upheld the right of Congress to cite individuals
for contempt but recognized that contempt citations could suppress First
Amendment freedoms.
Andrew Jackson (1767-1845), who served as president from 1829 to 1837, was one of the most consequential presidents in U.S. history. Born in North Carolina, Jackson spent most of his life in Tennessee where he served as a justice on the state supreme court from 1798 to 1804 and as a U.S. senator from 1823 […]
Andrew Johnson (1808-1875) was born in North Carolina but spent most of his life in Tennessee. Lacking formal education, he began his working life as a tailor and was taught by his wife to read and write. A Jacksonian Democrat, he served as a town alderman, as mayor of Greeneville, Tennessee, in the U.S. […]
Anne Hutchinson was a religious leader in the Massachusetts Bay Colony and the mother of 15 children. She held Bible studies in her home, which were attended by both men and women, and she challenged the authority of the Puritan clergy. Hutchinson was eventually banished from the colony and moved to Rhode Island.
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 holy days.
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 Amendment.
Aptheker v. Secretary of States (1964) overturned a law allowing the state
department to deny passports to American Communists because it violated the
First Amendment.
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 Amendment.
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 elections.
In Arkansas Educational Television Commission v. Forbes (1998), the Supreme
Court upheld a decision to exclude Ralph P. Forbes, an independent
candidate for Congress, from a televised debate. The ruling overturned a
ruling that AETC had created a public forum to which all candidates should
have access.
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 challenges that it violated free speech.
Arkansas Writers’ Project, Inc. v. Ragland (1987) struck down a law
exempting newspapers and other publications, but not general interest
magazines, from the state sales tax.
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 freedoms.
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 from such laws.
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 First Amendment.
Whether judges can prohibit attorneys from wearing pins or symbols with a
political message in a courtroom is an unsettled First Amendment issue
highlighted recently in Las Vegas.
Early Americans took oaths quite seriously. Then, as today, individuals who falsely testified under oath at trial were subject to perjury charges. Oaths had a special place because they had a religious connection. It was widely believed that individuals who believed in God and in rewards and punishments in the afterlife were unlikely to risk […]
Sometimes state autopsy laws conflict with religious objections to such
procedures, bringing into play First Amendment questions of religious
liberty. Public access to autopsy records of the government have also been
disputed.
Bacon v. Commonwealth, 48 Va. 60 (Va. 1850) is an example of how state courts in the South (in this case the Virginia Supreme Court) prior to the Civil War often interpreted provisions within their constitutions in a liberal fashion that protected rights that are also listed in the First Amendment to the U.S. Constitution […]
Baggett v. Bullitt (1964) struck down a state law that mandated loyalty
oaths for state employees, thereby interfering with their First Amendment
rights of association.
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 (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) does not mention the First Amendment, but it
furthered religious free exercise by sustaining an agreement between a
religious society and its members.
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 Amendment.
