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Laws and Proposed Laws, Pre-First Amendment

  • Copyright Act of 1790 (1790)

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

  • De Scandalis Magnatum

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

  • Detached Memoranda

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

  • Maryland Toleration Act of 1649

Before the First Amendment was adopted, Maryland passed the Toleration Act
of 1649, which was meant to ensure religious freedom for Christian settlers
of diverse persuasions.

  • Northwest Ordinance of 1787

The Northwest Ordinance primarily created the Northwest Territory in 1789
and presaged several provisions of the Constitution and the First Amendment.

  • Old Deluder Satan Act of 1647 (1647)

The Old Deluder Satan Act of 1647, laid the basis for public schools in
America and also future First Amendment conflicts regarding religious acts
in public schools.

  • Printing Ordinance of 1643 (1643)

The Constitution framers were familiar with press licensing controls such
as England’s Printing Ordinance of 1643 when they decided to protect press
freedom in the First Amendment.

  • Quebec Act of 1774 (1774)

The Quebec Act of 1774, in which the British Parliament provided for
religious freedom to its Canadian province, was a progenitor of religious
freedoms in the First Amendment

  • Speech and Debate Clause

The speech and debate clause of the Constitution is more limited than the
First Amendment. Only legislative speech by Congress members is protected
from lawsuits under the clause.

  • Stamp Act of 1765 (1765)

The violent aftermath of the Stamp Act, which taxed on colonial papers and
official documents, influenced the Constitution framers to add safeguards
like the First Amendment.

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

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FEATURE POSTS

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A contentious 12 months for the First Amendment

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