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Religion
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  • Amdt1.1.2.1.1.1.1 Financial Assistance to Church-Related Institutions
    Financial Assistance to Church-Related Institutions First Amendment: 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 . . .
    • Footnotes:
      • See discussion under Court Tests Applied to Legislation Affecting Religion, supra.
    • Religion (47)
  • Amdt1.1.1 The Religion Clauses: Historical Background
    The Religion Clauses: Historical Background First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, . . .
    • Footnotes:
      • The committee appointed to consider Madison’s proposals, and on which Madison served, with Vining as chairman, had rewritten the religion section to read: No religion shall be established by law, nor shall the equal rights of conscience be infringed. After some debate during which Madison suggested that the word . . .
    • Religion (32)
  • Amdt1.1.2.1.1.2.2 Governmental Encouragement of Religion in Public Schools: Prayers and Bible Reading
    Governmental Encouragement of Religion in Public Schools: Prayers and Bible Reading First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom . . .
    • Footnotes:
      • 370 U.S. at 430. Justice Black for the Court rejected the idea that the prohibition of religious services in public schools evidenced a hostility toward religion or toward prayer. Id. at 434. Rather, such an application of the First Amendment protected religion from the coercive hand of government and government from control by a religious . . .
    • Religion (21)
  • Amdt1.1.2.1.1.2.4 Access of Religious Groups to Public Property
    Access of Religious Groups to Public Property First Amendment: 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 . . .
    • Footnotes:
      • . . . (1990). The Court had noted in Widmar that university students are less impressionable than younger students and should be able to appreciate that the University’s policy is one of neutrality toward religion, 454 U.S. at 274 n.14. The Mergens plurality ignored this distinction, suggesting that secondary school students are also able to recognize that a school policy allowing student religious . . .
    • Religion (15)
  • Amdt1.1.2.1.1.2.10 Religious Displays on Government Property
    Religious Displays on Government Property First Amendment: 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 . . .
    • Footnotes:
      • 465 U.S. at 681-82. Although the extent of benefit to religion was an important factor in earlier cases, it was usually balanced against the secular effect of the same practice rather than the religious effects of other practices.
    • Religion (14)
  • Amdt1.1.2.1.1.2.5 Exemption of Religious Organizations from Generally Applicable Laws
    Exemption of Religious Organizations from Generally Applicable Laws First Amendment: 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 . . .
    • Footnotes:
      • Section 703 of the Civil Rights Act of 1964, 42 U.S.C. § 2000e–2, makes it unlawful for any employer to discriminate in employment practices on the basis of an employee’s religion. Section 702, 42 U.S.C. § 2000e–1, exempts from the prohibition a religious corporation . . . with respect to the employment of individuals of a particular religion to perform . . .
    • Religion (11)
  • Amdt1.1.4.2.1.2 Facially Neutral Laws that Interfere With Religious Practice: Doctrine during 1960s through 1980s
    Facially Neutral Laws that Interfere With Religious Practice: Doctrine during 1960s through 1980s First Amendment: 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 . . .
    • Religion (8)
  • Amdt1.1.3 Relationship Between Establishment Clause and Free Speech Clause
    Relationship Between Establishment Clause and Free Speech Clause First Amendment: 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 . . .
    • Footnotes:
      • The Court has struggled to find a neutral course between the two Religion Clauses, both of which are cast in absolute terms, and either of which, if expanded to a logical extreme, would tend to clash with the other. Walz v. Tax Comm’n, 397 U.S. 664, 668-69 (1970).
    • Religion (7)
  • Amdt1.1.4.1 Free Exercise Clause: Overview
    Free Exercise Clause: Overview First Amendment: 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 . . .
    • Footnotes:
      • . . . the Free Exercise Clause. For contrasting academic views of the origins and purposes of the Free Exercise Clause, compare McConnell, The Origins and Historical Understanding of Free Exercise of Religion, 103 Harv. L. Rev. 1410 (1990) (concluding that constitutionally compelled exemptions from generally applicable laws are consistent with the Clause’s origins in religious pluralism) with . . .
    • Religion (7)
  • Amdt1.1.2.1.1.2.1 Governmental Encouragement of Religion in Public Schools: Released Time
    Governmental Encouragement of Religion in Public Schools: Released Time First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, . . .
    • Footnotes:
      • Everson v. Board of Education, 330 U.S. 1, 63 (Justice Rutledge dissenting) (quoted under Establishment of Religion, supra).
    • Religion (6)
  • Amdt1.1.4.2.3 Laws that Facially Discriminate Against Religious Practices
    Laws that Facially Discriminate Against Religious Practices First Amendment: 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 . . .
    • Religion (6)
  • Amdt1.2.1 Freedom of Speech: Historical Background
    Freedom of Speech: Historical Background First Amendment: 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 . . .
    • Religion (5)
  • Amdt1.2.11.1 Compelled Speech: Overview
    Compelled Speech: Overview First Amendment: 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 . . .
    • Footnotes:
      • 310 U.S. at 594. Justice Stone alone dissented, arguing that the First Amendment religion and speech clauses forbade coercion of these children to express a sentiment which, as they interpret it, they do not entertain, and which violates their deepest religious convictions. . . .
    • Religion (5)
  • ArtIII.S2.C1.1 Judicial Power and Jurisdiction-Cases and Controversies
    . . . responsibility for a process that often produces ill will and distrust.” It was against this background that the Court concluded that it was “vital” to “act only in accord with especially clear standards.”
    • Footnotes:
      • 262 U.S. at 487, 488. In Hein v. Freedom from Religion Foundation, Inc., 127 S. Ct. 2553, 2559 (2007), the Court added that, if every federal taxpayer could sue to challenge any Government expenditure, the federal courts would cease to function . . .
    • Religion (4)
  • Amdt1.1.2.1.1.1.2 Tax Exemptions of Religious Property
    Tax Exemptions of Religious Property First Amendment: 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 . . .
    • Footnotes:
      • See discussion under Court Tests Applied to Legislation Affecting Religion, supra.
    • Religion (4)
  • Amdt1.1.2.1.1.2.6 Sunday Closing Laws
    Sunday Closing Laws First Amendment: 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 . . .
    • Religion (4)
  • Amdt1.1.2.1.1.2.7 Conscientious Objection
    Conscientious Objection First Amendment: 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 . . .
    • Footnotes:
      • . . . role which the traditional concept of God occupies in the orthodox believer. After the Supreme Being clause was deleted, a plurality in Welsh v. United States, 398 U.S. 333 (1970), construed the religion requirement as inclusive of moral, ethical, or religious grounds. Justice Harlan concurred on constitutional grounds, believing that the statute was clear that Congress had intended to . . .
    • Religion (4)
  • Amdt1.2.8.2.2 Freedom of Speech and the Role of the Government: Government as Educator
    . . . would extend beyond the college level to students in high school or below who are more impressionable and perhaps less able to appreciate that equal access does not compromise a schools neutrality toward religion, Congress has done so by statute.On the other hand, a public university that imposed an accept-all-comers policy on student groups as a condition of receiving the financial and other benefits . . .
    • Footnotes:
      • . . . access by religious groups does not violate the Establishment Clause, and, even if the Missouri Constitution has gone further than the Federal Constitution in proscribing indirect state support for religion, . . . the state interest asserted here – in achieving greater separation of church and State than is already ensured under the Establishment Clause of the Federal Constitution – is limited . . .
    • Religion (4)
  • Amdt1.1.2.1.1.2.12 Non-Financial Assistance to Religion: Miscellaneous
    Non-Financial Assistance to Religion: Miscellaneous First Amendment: 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; . . .
    • Religion (4)
  • Amdt1.1.4.2.1.1 Facially Neutral Laws that Interfere With Religious Practice: Early Doctrine
    Facially Neutral Laws that Interfere With Religious Practice: Early Doctrine First Amendment: 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 . . .
    • Footnotes:
      • Davis v. Beason, 133 U.S. 333 (1890). Bigamy and polygamy are crimes by the laws of all civilized and Christian countries. . . . To call their advocacy a tenet of religion is to offend the common sense of mankind. If they are crimes, then to teach, advise and counsel their practice is to aid in their commission, and such teaching and counseling are themselves . . .
    • Religion (4)
  • Amdt1.1.2.1.1.2.3 Governmental Encouragement of Religion in Public Schools: Curriculum Restriction
    Governmental Encouragement of Religion in Public Schools: Curriculum Restriction First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom . . .
    • Religion (3)
  • Amdt1.1.4.2.2 Laws That Require Government Involvement in Resolving Religious Disputes
    Laws That Require Government Involvement in Resolving Religious Disputes First Amendment: 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 . . .
    • Religion (3)
  • Amdt1.1.2.1.1.2.11 Non-Financial Assistance to Religion: Trump v. Hawaii
    Non-Financial Assistance to Religion: Trump v. Hawaii First Amendment: 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; . . .
    • Religion (3)
  • Amdt1.1.2.1.1.2.9 Religion in Governmental Observances
    Religion in Governmental Observances First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or . . .
    • Religion (2)
  • Amdt1.1.4.2.1.3 Facially Neutral Laws that Interfere With Religious Practice: Current Doctrine
    Facially Neutral Laws that Interfere With Religious Practice: Current Doctrine First Amendment: 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 . . .
    • Footnotes:
      • . . . of animal slaughter. See also Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm'n, 584 U.S. ___, No. 16-111, slip op. at 3 (2018) ("[T]he delicate question of when the free exercise of . . . religion must yield to an otherwise valid exercise of state power [must] be determined in an adjudication in which religious hostility on the part of the State itself would not be a factor in the . . .
    • Religion (2)
  • Amdt1.2.3.4.2.3 Public Indecency and Nudity
    Public Indecency and Nudity First Amendment: 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 . . .
    • Footnotes:
      • 501 U.S. at 572 (Justice Scalia). The Justice thus favored application of the same approach applied to free exercise of religion in Employment Division v. Smith, 494 U.S. 872 (1990).
    • Religion (2)
  • Amdt1.2.3.5.1 Commercial Speech: Overview
    Commercial Speech: Overview First Amendment: 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 . . .
    • Footnotes:
      • . . . 564, 568-69 (1980). The Court deemed the state’s interests to be clear and substantial. The pattern here is similar to much due process and equal protection litigation as well as expression and religion cases in which the Court accepts the proffered interests as legitimate and worthy. See also San Francisco Arts & Athletics, Inc. v. United States Olympic Comm., 483 U.S. 522 (1987) . . .
    • Religion (2)
  • Amdt1.2.5.1 Viewpoint Based Discrimination: Overview
    Viewpoint Based Discrimination: Overview First Amendment: 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 . . .
    • Religion (2)
  • Amdt14.S1.3.1.1.2 Due Process Clause and Incorporation: Early Doctrine
    . . . rights against federal encroachment. And Justice Clark wrote: First, this Court has decisively settled that the First Amendments mandate that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof has been made wholly applicable to the States by the Fourteenth Amendment. Similar language asserting that particular provisions of the Bill of Rights . . .
    • Footnotes:
      • . . . because they were named in the Bill of Rights. Whichever formulation was originally used, the former is now the one used by the Court. Duncan v. Louisiana, 391 U.S. 145, 148 (1968). First Amendment— Religion— Free exercise: Hamilton v. Regents, 293 U.S. 245, 262 (1934); Cantwell v. Connecticut, 310 U.S. 296, 300, 303 (1940). Establishment: Everson v. Board of Education, 330 U.S. 1, 3, 7, 8 . . .
    • Religion (2)
  • ArtI.S8.C1.3.1 Scope of the Power
    . . . which appear to itself most eligible to effect that object. It has, consequently, a right to make remittances by bills or otherwise, and to take those precautions which will render the transaction safe.
    • Footnotes:
      • . . . Butler, 297 U.S. 1, 65-66 (1936). So settled had the issue become that 1970s attacks on federal grants-in-aid omitted any challenge on the broad level and relied on specific prohibitions, i.e., the religion clauses of the First Amendment. Flast v. Cohen, 392 U.S. 83 (1968); Tilton v. Richardson, 403 U.S. 672 (1971).
    • Religion (1)
  • Amdt1.3.1 Freedom of Press: Overview
    Freedom of Press: Overview First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.2.3 Procedural Matters and Freedom of Speech: Prior Restraints
    Procedural Matters and Freedom of Speech: Prior Restraints First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.13.1 Freedom of Association: Overview
    Freedom of Association: Overview First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.4.1 Freedom of Assembly and Petition: Overview
    Freedom of Assembly and Petition: Overview First Amendment: 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 . . .
    • Religion (1)
  • Intro.4 Bill of Rights
    . . . two and reduced the remainder to twelve, which were accepted by the House and sent on to the states where ten were ratified and the other two did not receive the requisite number of concurring states.
    • Footnotes:
      • . . . letter to Madison, Jefferson indicated what he did not like about the proposed Constitution. First the omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters . . .
    • Religion (1)
  • Amdt1.1.2.1.1.2.8 Regulation of Religious Solicitation
    Regulation of Religious Solicitation First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.2.1 Procedural Matters and Freedom of Speech: Overbreadth
    Procedural Matters and Freedom of Speech: Overbreadth First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.2.2 Procedural Matters and Freedom of Speech: Vagueness
    Procedural Matters and Freedom of Speech: Vagueness First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.2.4 Procedural Matters and Freedom of Speech: State Action
    Procedural Matters and Freedom of Speech: State Action First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.3.1.1 Advocacy of Illegal Conduct: Overview
    Advocacy of Illegal Conduct: Overview First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.3.1.2.2 Advocacy of Illegal Conduct: Movement from Clear and Present Danger Test
    Advocacy of Illegal Conduct: Movement from Clear and Present Danger Test First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.3.1.2.3 Advocacy of Illegal Conduct: Current Doctrine
    Advocacy of Illegal Conduct: Current Doctrine First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.3.2.1 Fighting Words, Hostile Audiences and True Threats: Overview
    . . . content, however, runs afoul of the First Amendment. Therefore, the citys bias-motivated crime ordinance, interpreted as banning the use of fighting words known to offend on the basis of race, color, creed, religion, or gender, but not on such other possible bases as political affiliation, union membership, or homosexuality, was invalidated for its content discrimination. The First Amendment does not permit . . .
    • Religion (1)
  • Amdt1.2.3.3.2.1 Invasions of Privacy
    Invasions of Privacy First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.3.4.2.1 Zoning Decisions
    Zoning Decisions First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.3.4.2.2 Child Pornography
    Child Pornography First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.3.4.1 Obscenity: Overview
    Obscenity: Overview First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.4.1.1 Content Based Regulation
    Content Based Regulation First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.7.1.1 Government Speech Doctrine
    Government Speech Doctrine First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.8.1 Freedom of Speech and the Role of the Government: Overview
    Freedom of Speech and the Role of the Government: Overview First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.12.2.1 Doctrine and Practice of Symbolic Speech: Overview
    Doctrine and Practice of Symbolic Speech: Overview First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.8.2.1 Freedom of Speech and the Role of the Government: Government as Employer
    Freedom of Speech and the Role of the Government: Government as Employer First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.8.2.3 Freedom of Speech and the Role of the Government: Government as Imprisoner
    Freedom of Speech and the Role of the Government: Government as Imprisoner First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.12.1 Symbolic Speech: Overview
    Symbolic Speech: Overview First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.12.2.2 Symbolic Speech: Current Doctrine
    Symbolic Speech: Current Doctrine First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.12.3.1 Solicitation
    Solicitation First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.12.3.2 Protests and Marches
    Protests and Marches First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.3.2.1 Protection of Confidential Sources
    Protection of Confidential Sources First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.3.2.2 Right to Access Government Places and Papers
    Right to Access Government Places and Papers First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.10.1.1 Campaign Finance and Electoral Process
    Campaign Finance and Electoral Process First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.10.1.2 Lobbying
    Lobbying First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.10.1.3 Legislative Investigations
    Legislative Investigations First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.11.2.1 Compelled Subsidization Doctrine
    Compelled Subsidization Doctrine First Amendment: 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 . . .
    • Religion (1)
  • Amdt1.2.11.2.2 Unconstitutional Conditions
    Unconstitutional Conditions First Amendment: 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 . . .
    • Religion (1)
  • Amdt14.S1.4.2.4.1.1.1 Economic Regulations: General Approach
    . . . down a law that exempted by name the American Express Company from the terms pertaining to the licensing, bonding, regulation, and inspection of currency exchanges engaged in the sale of money orders.
    • Footnotes:
      • . . . as to the desirability of particular statutory discriminations. . . . Unless a classification trammels fundamental personal rights or is drawn upon inherently suspect distinctions such as race, religion, or alienage, our decisions presume the constitutionality of the statutory discriminations and require only that the classification challenged be rationally related to a legitimate state . . .
    • Religion (1)
  • Amdt14.S1.4.2.4.1.3 Wealth
    . . . other convicted defendants had to pay a fee to obtain them. In criminal trials, Justice Black wrote in the plurality opinion, a State can no more discriminate on account of poverty than on account of religion, race, or color. Although the state was not obligated to provide an appeal at all, when it does so it may not structure its system in a way that discriminates against some convicted defendants . . .
    • Religion (1)
  • Amdt5.4.1 Right to Due Process: Overview
    . . . the Bill of Rights to the states through the Due Process Clause. Through the process of selective incorporation, most of the provisions of the first eight Amendments, such as free speech, freedom of religion, and protection against unreasonable searches and seizures, are applied against the states as they are against the federal government. Though application of these rights against the states is . . .
    • Religion (1)
  • Amdt5.4.4.5.1 Deportation and Exclusion Proceedings
    . . . of an enemy alien may be ordered summarily by executive action; due process of law does not require the courts to determine the sufficiency of any hearing that is gratuitously afforded to the alien.
    • Footnotes:
      • See, e.g., Am. Acad. of Religion v. Napolitano, 573 F.3d 115, 117 (2d Cir. 2009) (The Supreme Court has recognized a First Amendment right to ‘hear, speak, and debate with’ a visa applicant.); Adams v. Baker, 909 F.2d . . .
    • Religion (1)
  • Amdt5.4.4.5.4 Prisoners
    . . . Punishments Clause of the Eighth Amendment, while challenges to particular incidents and practices are pursued under the Due Process Clause or more specific provisions, such as the First Amendments speech and religion clauses. Prior to formulating its current approach, the Court recognized several rights of prisoners. Prisoners have the right to petition for redress of grievances, which includes access to the . . .
    • Religion (1)
  • Amdt5.4.5.2.4.3 Private Sexual Activity
    . . . acquire obscene plays, movies, and books. We do indeed base our society on certain assumptions that people have the capacity for free choice. Most exercises of individual free choice – those in politics, religion, and expression of ideas – are explicitly protected by the Constitution. Totally unlimited play for free will, however, is not allowed in our or any other society. . . . Many laws are enacted . . .
    • Religion (1)
  • 71. Resources
    Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court
    . . . an enhanced sentence if a trial judge found by a preponderance of the evidence that the defendant acted with the purpose to intimidate a person or group because of their race, gender, handicap, religion, sexual orientation, or ethnicity.
    • Religion (1)
  • 72. Resources
    Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court
    . . . of Religious Freedom Restoration Act directing the use of the compelling interest test to determine the validity of laws of general applicability that substantially burden the free exercise of religion.
    • Religion (1)
  • 73. Resources
    Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court
    . . . Ordinance that prohibited the placement on public or private property of a symbol that one knew or had reason to know would arouse anger, alarm, or resentment on the basis of race, color, creed, religion, or gender.
    • Religion (1)
  • 74. Resources
    Beyond the Constitution Annotated: Table of Additional Resources
    Espinoza v. Montana Dep’t of Revenue, 435 P.3d 603 (Mont. 2018);
    Establishment Clause;
    Federalism;
    Free Exercise Clause;
    Freedom of Religion;
    Locke v. Davey, 540 U.S. 712 (2004);
    Supreme Court;
    Trinity . . .
    • Religion (1)
  • 75. Resources
    Beyond the Constitution Annotated: Table of Additional Resources
    Freedom of Religion;
    Supreme Court
    • Religion (1)
  • 76. Resources
    Beyond the Constitution Annotated: Table of Additional Resources
    Freedom of Religion
    • Religion (1)
  • 77. Resources
    Beyond the Constitution Annotated: Table of Additional Resources
    Freedom of Religion;
    Supreme Court
    • Religion (1)
  • 78. Resources
    Beyond the Constitution Annotated: Table of Additional Resources
    Freedom of Religion;
    Supreme Court
    • Religion (1)
  • 79. Resources
    Beyond the Constitution Annotated: Table of Additional Resources
    • Religion (1)
  • 80. Resources
    Beyond the Constitution Annotated: Table of Additional Resources
    Freedom of Religion; Supreme Court
    • Religion (1)
  • 81. Resources
    Beyond the Constitution Annotated: Table of Additional Resources
    Administrative Agencies;
    Freedom of Religion
    • Religion (1)
  • 82. Resources
    Table of Cases
    Am. Acad. of Religion v. Napolitano
    • Religion (1)
  • 83. Resources
    Table of Cases
    Hein v. Freedom from Religion Foundation Inc.
    • Religion (1)
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