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.

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.

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.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

Because the government funds charter schools, are they subject to the same
First Amendment restrictions as public schools on prayer and Bible readings?

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 manner

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.

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 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.

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.

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.

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

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

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 Court.

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 destroying the cards.

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

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 press.

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 the First Amendment.

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. Sullivan.

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 Amendment.

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

The Electronic Frontier Foundation was founded in 1990 as a civil liberties
group advocating for First Amendment rights in digital and other new
technologies.

The Electronic Privacy Information Center advocates for First Amendment
freedoms of speech and privacy, particularly in new media such as the
Internet and surveillance.

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

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 speech.

Elisha Williams, known for writing a pamphlet that argued for religious
liberty before the First Amendment, denied that religious uniformity was
necessary for a peaceful society.

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

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

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

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 debate.

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

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 meetings.

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 Amendment rights.

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

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

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 causing insubordination or disloyalty in the military. The law
was expanded in 1918 to criminalize dissent against the war effort, but
that portion of the law (the Sedition Act) was repealed.

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

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

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

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

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 the First Amendment.

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 compelled disclosures. It appears to be a form of review
somewhere between strict scrutiny and intermediate scrutiny.

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 electoral process.

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 advocacy may be limited.

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.

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 privilege, a journalist is insulated from a defamation claim when he or
she publishes a defamatory comment that was part of official affairs of the
government.

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 Amendment.

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

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 Amendment.

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 the definer of truth.

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.
Massachusetts.

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

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

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

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

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

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

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

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 Amendment.

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

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

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

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

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

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

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 Amendment issues.

First Liberty Institute provides free legal services and support to those
dealing with religious liberty issues. It has expanded into religious
liberty litigation in all 50 states.

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 expression.

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 grounds.

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 vague policies.

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

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

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

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.

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 Amendment.

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

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 Amendment.

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 essential in abolishing slavery in the United States.

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

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

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 speech.

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 special privileges.

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.

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

The First Amendment guarantees “the right of the people peaceably to assemble.” The notion that the act of gathering is pivotal to a functioning democracy relates to the belief that individuals espousing ideas will tend to coalesce around their commonalities. As a result, a correlative right of association — though not enumerated in the First Amendment

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

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

The first 16 words of the First Amendment to the U.S. Constitution, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” protect the right of every person to practice religion in accordance with conscience and guard against creation of a sectarian state.   But the precise meaning of these

Freedom of the press is a Constitutional guarantee contained in the First Amendment, which in turn is part of the Bill of Rights. This freedom protects the right to gather information and report it to others.  While at the time of ratification in 1791, the free press clause addressed newspapers, it now applies to all forms

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

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 restraint.

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 in 1844.

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 was a controversial comedian whose “Filthy Words” monologue
sparked a Supreme Court case concerning government regulation of indecent
speech.

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, 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 Convention.

George Washington, first President of the United States, favored the Bill
of Rights and advocated for religious freedom throughout his life.

The American Psychiatric Association prohibits members from offering
opinions about the mental state of public figures under the Goldwater Rule,
which it adopted after public evaluations of presidential candidate Barry
Goldwater’s psychiatric state.

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

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.

Under the government speech doctrine, the government has its own rights as
speaker that can assert its own messages, immune from challenges of
viewpoint discrimination.

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 section of the site that is interactive is a designated public
forum. As such, the First Amendment prohibits government officials from
engaging in viewpoint discrimination.

Court decisions have interpreted the First Amendment establishment clause
as prohibiting prayers in public schools during both school hours and
school functions.

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 prosecution.

Green River ordinances are local ordinances that prohibit individuals from
engaging in door-to-door solicitations unless the residents have given
their consent.

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
expression.

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 rights.

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

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

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

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 values.

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 First Amendment.

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 abortion laws.

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

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

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

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 scholars.

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 religion.

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 Amendment.

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 the First Amendment.