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.

• Religion
  • An Overview
    • Scholarly Commentary.
    • Court Tests Applied to Legislation Affecting Religion.
    • Government Neutrality in Religious Disputes.
    • 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.
    • Miscellaneous.
    • The Belief-Conduct Distinction.
    • The Mormon Cases.
    • The Jehovah’s Witnesses Cases.
    • Free Exercise Exemption From General Governmental Requirements.
    • Religious Test Oaths.
    • Religious Disqualification.
    • 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
      • Injunctions and the Press in Fair Trial Cases.
      • Obscenity and Prior Restraint.
      • 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.
      • Balancing.
      • 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?.
      • Flag Salutes and Other Compelled Speech.
      • Imposition of Consequences for Holding Certain Beliefs.
      • Political Association.
      • Conflict Between Organization and Members.
      • 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.
      • 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.
      • Commercial Speech.
      • Taxation.
      • Labor Relations.
      • Antitrust Laws.
      • Broadcast Radio and Television.
      • Governmentally Compelled Right of Reply to Newspapers.
      • Seditious Speech and Seditious Libel.
      • Fighting Words and Other Threats to the Peace.
      • Threats of Violence Against Individuals.
      • Group Libel, Hate Speech.
      • Defamation.
      • False Statements.
      • Invasion of Privacy.
      • Emotional Distress Tort Actions.
      • “Right of Publicity” Tort Actions.
      • Publication of Legally Confidential Information.
      • Obscenity.
      • Child Pornography.
      • Non-obscene But Sexually Explicit and Indecent Expression.
      • The Public Forum.
      • Quasi-Public Places.
      • Picketing and Boycotts by Labor Unions.
      • Public Issue Picketing and Parading.
      • Leafleting, Handbilling, and the Like.
      • Sound Trucks, Noise.
      • Door-to-Door Solicitation and Charitable Solicitation.
      • The Problem of “Symbolic Speech”.
      • Background and Development
        • The Cruikshank Case.
        • The Hague Case.

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