First Amendment of the US Constitution -- Religion and Expression
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- An Overview
Establishment of Religion
- Financial Assistance to Church-Related Institutions.
- Governmental Encouragement of Religion in Public Schools: Released Time.
- Governmental Encouragement of Religion in Public Schools: Prayers and Bible Reading.
- Governmental Encouragement of Religion in Public Schools: Curriculum Restriction.
- Access of Religious Groups to Public Property.
- Tax Exemptions of Religious Property.
- Exemption of Religious Organizations from Generally Applicable Laws.
- Sunday Closing Laws.
- Conscientious Objection.
- Regulation of Religious Solicitation.
- Religion in Governmental Observances.
- Religious Displays on Government Property.
- Free Exercise of Religion
Freedom Of Expression—Speech And Press
- Adoption and the Common Law Background
- Freedom of Expression: The Philosophical Basis
- Freedom of Expression: Is There a Difference Between Speech and Press?
- The Doctrine of Prior Restraint
Subsequent Punishment: Clear and Present Danger and Other Tests
- Clear and Present Danger.
- The Adoption of Clear and Present Danger.
- Contempt of Court and Clear and Present Danger.
- Clear and Present Danger Revised: Dennis.
- The “Absolutist” View of the First Amendment, With a Note on “Preferred Position”.
- Modern Tests and Standards: Vagueness, Overbreadth, Strict Scrutiny, Intermediate Scrutiny, and Effectiveness of Speech Restrictions.
- Is There a Present Test?.
- Freedom of Belief
- Right of Association
Maintenance of National Security and the First Amendment
- Punishment of Advocacy.
- Compelled Registration of Communist Party.
- Punishment for Membership in an Organization That Engages in Proscribed Advocacy.
- Disabilities Attaching to Membership in Proscribed Organizations.
- Employment Restrictions and Loyalty Oaths.
- Legislative Investigations and the First Amendment.
- Interference With Vietnam War Effort.
- Suppression of Communist Propaganda in the Mails.
- Exclusion of Certain Aliens as a First Amendment Problem.
- Material Support of Terrorist Organizations
Particular Governmental Regulations That Restrict Expression
- Government as Employer: Political and Other Outside Activities.
- Government as Employer: Free Expression Generally.
- Government as Educator.
- Government as Regulator of the Electoral Process: Elections and Referendums.
- Government as Regulator of the Electoral Process: Lobbying.
- Government as Regulator of Labor Relations.
- Government as Investigator: Reporter’s Privilege.
- Government and the Conduct of Trials.
- Government as Administrator of Prisons.
- Government and the Power of the Purse.
- The Government Speech Doctrine.
- Governmental Regulation of Communications Industries
- Cable Television
Government Restraint of Content of Expression
- Seditious Speech and Seditious Libel.
- Fighting Words and Other Threats to the Peace.
- Threats of Violence Against Individuals.
- Group Libel, Hate Speech.
- False Statements.
- Invasion of Privacy.
- Emotional Distress Tort Actions.
- “Right of Publicity” Tort Actions.
- Publication of Legally Confidential Information.
- Child Pornography.
- Non-obscene But Sexually Explicit and Indecent Expression.
- Speech Plus—The Constitutional Law of Leaﬂeting, Picketing, and Demonstrating
- Rights Of Assembly And Petition