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.

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.

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

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.

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

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

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.

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.

Though revered by history, Abraham Lincoln has been criticized for his
restrictions on civil liberties during the Civil War, including First
Amendment freedoms. People expressing pro-Confederate sentiments were
arrested, and the Chicago Times newspaper was shuttered for criticizing
Lincoln’s administration.

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

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 liberals on campus.

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

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 implied.

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

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 in lawsuits.

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 supply and

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 the industry.

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 the book in schools.

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

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.

Laws that seek to block animal rights activists and others from recording or otherwise documenting alleged abuses of animals or animal cruelty in the agriculture industry, often as part of undercover investigations, are referred to as ag-gag laws. Defenders of the laws contend they are necessary to protect agricultural property, business operations and privacy.  Detractors

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 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 received a

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

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, 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.

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.

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.

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 argued that the First Amendment’s primary purpose is
to ensure that voters are free to debate in order to make informed choices
about their self-government.

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 Amendment freedoms.

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 The Tennessean.

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 protect free speech.

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 same.

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

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

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.

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

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

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 Amendment protections, especially the right of association and
freedom of speech.

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

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 Amendment.

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

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 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 will take more cases to fully examine her record on First
Amendment law.

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.

Andrea Dworkin, a radical feminist writer and theorist, rejected First
Amendment protections for pornography, arguing that pornography encourages
violence against women.

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. House of

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 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.

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

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

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

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 Amendment.

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

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.

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

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

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.

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

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. Sullivan.

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.

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 Court.

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.

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

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

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

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 conduct adopted by the supreme courts in each state, for
example, prohibit lawyers from making false statements about judges,
writing legal papers that are deemed “frivolous,” engaging in speech that
disrupts the tribunal or engaging in direct, face-to-face solicitation of
prospective clients, with a few exceptions.

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.

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.

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 the First Amendment.

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

Ballot selfies refer to photos people take of their voting ballots and then display on social media or elsewhere.  Many states have sought to regulate or outright prohibit the display of ballot selfies, thus presenting a pristine First Amendment issue. States that prohibit ballot selfies argue that ballot selfies could lead to the buying and selling

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.

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 freedom.

The bar admission process has produced many First Amendment-based
challenges, especially when an applicant is denied because of past
political associations or beliefs.

Barack Hussein Obama was born in Hawaii in 1961 to an American mother and a Kenyan father.  He earned a bachelor’s degree from Columbia and a law degree from Harvard University, where he served as president of the law review. After working as a civil rights attorney and teaching at the University of Chicago Law School,

The philosophy of John Locke and other Englishmen is most associated with the American Founding and its emphasis on rights that are embodied in the Declaration of Independence, the First Amendment, and other provisions of the Bill of Rights. But one of the framers’ most quoted philosophers was Charles Louis de Secondat De Montesquieu of

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 in the South.

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

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

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

Benjamin Harrison (1833-1901), the grandson of former president William Henry Harrison and the great-grandson of Benjamin Harrison V, who had signed the Declaration of Independence. He served as the 23rd president from 1889 to 1893. Harrison defeated Grover Cleveland in the electoral college (albeit not in the popular vote) in 1888, but lost both the popular and

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

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

William Franklin “Billy” Graham (1918-2018) was the best-known Baptist evangelist of the 20th century. After earning an undergraduate degree at Wheaton University, Graham became a pastor, hosted a radio program, became involved with Youth for Christ, and briefly headed Northwestern Bible College in Minneapolis, Minnesota, before beginning a series of evangelistic crusades throughout the United

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

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 on First Amendment freedoms.

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

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

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 Amendment.

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

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 fraud.

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

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

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 speech and conduct.

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 the issues in his opinions are protest rights, defamation,
campaign finance and freedom of speech and press.

Bruce Sanford is a partner in the Washington, D.C., office of BakerHostetler, where he practices media law and litigation.

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

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

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

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

Calvin Coolidge (1872-1933) was born on July 4, 1872, in Plymouth Notch, Vermont, where he would receive the news in 1923 that President Warren G. Harding, under whom he served as vice president, had died and that he was now president. His father, a justice of the peace, had administered the oath to him by

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

College campuses have long been testing grounds for freedom of speech. In the 1960s, the Berkeley Free Speech Movement, motivated in part by student opposition to the Vietnam War, challenged campus regulations of freedom of speech.  In recent years, students have shouted down popular speakers and campuses have disinvited controversial speakers.  The October 7 attack by Hamas

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

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.

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 free speech, defamation and even the right to run for reelection.

The captive audience doctrine protects people in certain places and
circumstances from unwanted speech. It is an exception to the First
Amendment rule.

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

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

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.

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

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

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

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 spent.

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

Chester A. Arthur (1829-1886) was born in Vermont (his father was a Baptist minister) but was raised in New York where he spent most of his life. He graduated from Union College, served for a time as a teacher, read law, and was admitted to the New York bar. During the Civil War, he served as

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 First Amendment.

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.

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 harmful.

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 Amendment rights.

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 rights.

The Supreme Court overturned the Child Pornography and Prevention Act in
Ashcroft v. Free Speech Coalition (2002) ruling it was too broad and
unconstitutional. The law made it a federal crime not only to send images
of real children engaged in explicit sexual activity but also
computer-generated images of the same.

Chilling effect is the concept of deterring First Amendment free speech and
association rights through laws or regulations that appear to target
expression.

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 failed.

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 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 concerned that a more militant phase threatens First Amendment
religious liberty and separation of church and state.

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

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 First Amendment.

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

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

Abraham Lincoln and his administration restricted constitutional liberties
during the Civil War, including freedom of speech and freedom of the press.

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 monkey trial.

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

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

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 First Amendment.

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.

The coercion test helps the Supreme Court determine whether government
practices violate the First Amendment’s establishment clause. It is most
often used in public school cases.

The Comic Book Legal Defense Fund defends comic book and graphic novel
writers who sometimes are prosecuted under obscenity regulations. Courts
have often struck down such laws as overly broad and in violation of the
First Amendment, but some defendants accept plea deals to avoid lengthy
trials.

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 noncommercial speech.

The Commission on Obscenity and Pornography told Congress to focus on
restricting juvenile access to pornography, instead of focusing on
consenting adults.

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-protected dissent.

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

Congress enacted the Communications Decency Act as part of the Telecommunications Act of 1996 in an attempt to prevent minors from gaining access to sexually explicit materials on the internet.   It prohibited any individual from transmitting “obscene or indecent” messages to a recipient under 18 and outlawed the knowing display of “patently offensive” materials in a

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.

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 First Amendment.

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 messages.

A government regulation that impairs First Amendment rights must meet a
higher standard of need — defined as a “compelling government interest” —
to be considered constitutional.

Although the United States has prohibited denying the vote to African Americans (15th Amendment, 1870), women (19th Amendment, 1920), and individuals who are 18 years or older (26th Amendment, 1971), commentators often decry low voting participation rates, particularly in nonpresidential election years. One proposal that has surfaced from time to time is that of compulsory

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 drawing.

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 find it repugnant.

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

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

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

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

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

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

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.

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

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 Amendment issues.

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 its substance.

In First Amendment free speech cases, laws that are content neutral apply
to all expression without regard to any particular message or substance.

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

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 learning.

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.

Can the government restrict gatherings, including church services, during
the coronavirus outbreak or is that a violation of the First Amendment
religious freedom and assembly clauses? The government has broad powers
during a health crisis. As long as restrictions apply equally, and not
single out churches, courts would likely uphold them.

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 elections.

The counterspeech doctrine, first articulated by Louis Brandeis in First
Amendment jurisprudence in 1927, posits that the remedy for false speech is
more speech that is true.

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

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 press.

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

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.

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

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

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

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 Amendment decisions, including involving symbolic speech and the
rights of a religious speaker.

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

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

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 Defending Freedom.

David Hume (1711-1776) was a prominent Scottish historian and philosopher who was well known to the American Founders. Part of the Scottish common sense school of philosophy, Hume put great emphasis on experience and scientific methods and was skeptical of speculative philosophy and the fanaticism that he associated with political and religious ideologies. Hume praised

David Rabban is known for his First Amendment work, especially a book that
examined the legal interpretations of free speech during the “forgotten
years” between 1870 to 1920.

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.

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

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.

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 of petition.

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 First Amendment.

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 York Times v. Sullivan, establishing an actual malice standard
that had to be met by public officials.

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

Although public opinion in a democratic republic like that of the United States is intended to be expressed chiefly through peaceful speech, petition, assembly and peaceable assembly consistent with the First Amendment and the ballot box, there are times when mobs have substituted violence for peaceful protest and rhetoric.Mob Violence and First Amendment FreedomsThe issue

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

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

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

Fighting foreign disinformation operations in America collided with fear of
government control of information in the Department of Homeland Security’s
short-lived Disinformation Governance Board.

When states began disestablishing churches, there were sometimes disputes as to whether former established churches should be able to keep properties for which their governments had previously collected taxes. As a general rule, they were able to do so, as illustrated by the case of Terrett v. Taylor (1815) in Virginia, which relied chiefly on

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

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