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Laws and Proposed Laws, 1791-1899

  • Blaine Amendments

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

  • Christian Amendment

35,000 signatures were presented to Congress in 1876 to add a Christian
Amendment to the Constitution to acknowledge the rulership of Jesus Christ.
The effort failed.

  • Comstock Act of 1873 (1873)

The Comstock Act of 1873 made it illegal to send “obscene, lewd or
lascivious” publications through the mail or sell or possess an obscene
book, pamphlet or drawing.

  • Hatch Act of 1939 (1939)

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

  • Indian Appropriations Act of 1896 (1896)

Congress passed the Indian Appropriations Act to pay American Indian
education using religious schools to diffuse First Amendment controversy
over church-state conflict.

  • Morrill Anti-bigamy Act of 1862 (1862)

Congress adopted the Morrill Act for the Suppression of Polygamy in
response to a perceived threat posed by polygamy, practiced by the Church
of Jesus Christ of Latter-day Saints.

  • Sedition Act of 1798 (1798)

The clash over the Sedition Act of 1798, designed to deal with threats in
the “quasi-war” with France, yielded the first sustained debate over the
meaning of the First Amendment.

  • Smith Act of 1940 (1940)

The Smith Act of 1940 has been upheld against First Amendment challenges.
The Act forbade any attempts to advocate for the violent destruction of the
U.S. government.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

FEATURE POSTS

Happy birthday to us – on the day that cleared a road to freedom

Memorial Day: Honoring those who gave all for our freedoms

White House Correspondents’ Dinner: levity, gravity, and a toast to the First Amendment

The origins of academic freedom in the U.S.

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