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1. IntroductionIntro.4 Bill of Rights (First Through Tenth Amendments) AnnotatedOn September 12, five days before the Convention adjourned, Mason and Gerry raised the question of adding a bill of rights to the Constitution. Mason said: It would give great quiet to the people; an. . .
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Amdt1.1.2.1.1.1.1 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. . .
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Amdt1.1.2.1.1.1.2 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. . .
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Amdt1.1.2.1.1.2.1 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, or of the press; or the right of the. . .
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Amdt1.1.2.1.1.2.2 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 of speech, or of the press; or the right of the. . .
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Amdt1.1.2.1.1.2.3 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 of speech, or of the press; or the right of the. . .
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Amdt1.1.2.1.1.2.4 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. . .
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Amdt1.1.2.1.1.2.5 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. . .
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Amdt1.1.2.1.1.2.6 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. . .
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10. First AmendmentAmdt1.1.2.1.1.2.7 Conscientious ObjectionFirst 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. . .
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11. First AmendmentAmdt1.1.2.1.1.2.8 Regulation of Religious SolicitationFirst 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. . .
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12. First AmendmentAmdt1.1.2.1.1.2.9 Religion in Governmental ObservancesFirst 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. . .
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13. First AmendmentAmdt1.1.2.1.1.2.10 Religious Displays on Government PropertyFirst 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. . .
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14. First AmendmentAmdt1.1.2.1.1.2.11 Non-Financial Assistance to Religion: Trump v. HawaiiFirst 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. . .
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15. First AmendmentAmdt1.1.2.1.1.2.12 Non-Financial Assistance to Religion: MiscellaneousFirst 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. . .
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16. First AmendmentAmdt1.1.3 Relationship Between Establishment Clause and Free Speech Clauseand Free Speech 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. . .
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17. First AmendmentAmdt1.1.4.1 Free Exercise Clause: OverviewFirst 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. . .
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18. First AmendmentAmdt1.1.4.2.1.1 Facially Neutral Laws that Interfere With Religious Practice: Early DoctrineFirst 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. . .
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19. First AmendmentAmdt1.1.4.2.1.2 Facially Neutral Laws that Interfere With Religious Practice: Doctrine during 1960s through 1980sFirst 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. . .
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20. First AmendmentAmdt1.1.4.2.1.3 Facially Neutral Laws that Interfere With Religious Practice: Current DoctrineFirst 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. . .
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21. First AmendmentAmdt1.1.4.2.2 Laws That Require Government Involvement in Resolving Religious DisputesFirst 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. . .
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22. First AmendmentAmdt1.1.4.2.3 Laws that Facially Discriminate Against Religious PracticesFirst 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. . .
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23. First AmendmentAmdt1.2.1 Freedom of Speech: Historical BackgroundFirst 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. . .
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24. First AmendmentAmdt1.2.2.1 Procedural Matters and Freedom of Speech: OverbreadthFirst 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. . .
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25. First AmendmentAmdt1.2.2.2 Procedural Matters and Freedom of Speech: VaguenessFirst 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. . .
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26. First AmendmentAmdt1.2.2.4 Procedural Matters and Freedom of Speech: State ActionFirst 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. . .
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27. First AmendmentAmdt1.2.3.1.1 Advocacy of Illegal Conduct: OverviewFirst 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. . .
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28. First AmendmentAmdt1.2.3.1.2.1 Advocacy of Illegal Conduct: Early DoctrineClear and Present Danger Certain expression, oral or written, may incite, urge, counsel, advocate, or importune the commission of criminal conduct; other expression, such as picketing, demonstrating,. . .
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29. First AmendmentAmdt1.2.3.1.2.2 Advocacy of Illegal Conduct: Movement from Clear and Present Danger TestFirst 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. . .
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30. First AmendmentAmdt1.2.3.1.2.3 Advocacy of Illegal Conduct: Current DoctrineFirst 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. . .
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31. First AmendmentAmdt1.2.3.2.1 Fighting Words, Hostile Audiences and True Threats: OverviewFighting Words and Other Threats to the Peace In Chaplinsky v. New Hampshire, the Court unanimously sustained a conviction under a statute proscribing any offensive, derisive or annoying word address. . .
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32. First AmendmentAmdt1.2.3.3.1 Defamation and False Statements: OverviewDefamation One of the most seminal shifts in constitutional jurisprudence occurred in 1964 with the Courts decision in New York Times Co. v. Sullivan. The Times had published a paid advertisement by . . .
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33. First AmendmentAmdt1.2.3.3.2.1 Invasions of PrivacyFirst 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. . .
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34. First AmendmentAmdt1.2.3.4.1 Obscenity: OverviewFirst 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. . .
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35. First AmendmentAmdt1.2.3.4.2.1 Zoning DecisionsFirst 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. . .
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36. First AmendmentAmdt1.2.3.4.2.2 Child PornographyFirst 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. . .
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37. First AmendmentAmdt1.2.3.4.2.3 Public Indecency and NudityFirst 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. . .
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38. First AmendmentAmdt1.2.3.5.1 Commercial Speech: OverviewFirst 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. . .
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39. First AmendmentAmdt1.2.4.1.1 Content Based RegulationFirst 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. . .
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40. First AmendmentAmdt1.2.5.1 Viewpoint Based Discrimination: OverviewFirst 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. . .
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41. First AmendmentAmdt1.2.6.1.1 Government-Owned Property: Early DoctrineThe Public Forum In 1895, while on the highest court of Massachusetts, future Justice Oliver Wendell Holmes rejected a contention that public property was by right open to the public as a place where. . .
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42. First AmendmentAmdt1.2.7.1.1 Government Speech DoctrineFirst 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. . .
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43. First AmendmentAmdt1.2.8.1 Freedom of Speech and the Role of the Government: OverviewFirst 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. . .
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44. First AmendmentAmdt1.2.8.2.1 Freedom of Speech and the Role of the Government: Government as EmployerFirst 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. . .
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45. First AmendmentAmdt1.2.8.2.2 Freedom of Speech and the Role of the Government: Government as EducatorGovernment as Although the Court had previously made clear that students in public schools are entitled to some constitutional protection, as are minors generally, its first attempt to establish sta. . .
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46. First AmendmentAmdt1.2.8.2.3 Freedom of Speech and the Role of the Government: Government as ImprisonerFirst 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. . .
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47. First AmendmentAmdt1.2.9.1 Regulation of the Media: OverviewTaxation Disclaiming any intimation that the owners of newspapers are immune from any of the ordinary forms of taxation for support of the government, the Court voided a state two-percent tax on the . . .
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48. First AmendmentAmdt1.2.10.1.1 Campaign Finance and Electoral ProcessFirst 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. . .
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49. First AmendmentAmdt1.2.10.1.2 LobbyingFirst 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. . .
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50. First AmendmentAmdt1.2.10.1.3 Legislative InvestigationsFirst 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. . .
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51. First AmendmentAmdt1.2.11.1 Compelled Speech: OverviewFirst 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. . .
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52. First AmendmentAmdt1.2.11.2.1 Compelled Subsidization DoctrineFirst 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. . .
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53. First AmendmentAmdt1.2.11.2.2 Unconstitutional ConditionsFirst 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. . .
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54. First AmendmentAmdt1.2.12.1 Symbolic Speech: OverviewFirst 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. . .
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55. First AmendmentAmdt1.2.12.2.1 Doctrine and Practice of Symbolic Speech: OverviewFirst 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. . .
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56. First AmendmentAmdt1.2.12.2.2 Symbolic Speech: Current DoctrineFirst 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. . .
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57. First AmendmentAmdt1.2.12.3.1 SolicitationFirst 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. . .
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58. First AmendmentAmdt1.2.12.3.2 Protests and MarchesFirst 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. . .
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59. First AmendmentAmdt1.2.13.1 Freedom of Association: OverviewFirst 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. . .
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60. First AmendmentAmdt1.3.1 Freedom of Press: OverviewFirst 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. . .
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61. First AmendmentAmdt1.3.2.1 Protection of Confidential SourcesFirst 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. . .
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62. First AmendmentAmdt1.3.2.2 Right to Access Government Places and PapersFirst 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. . .
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63. First AmendmentAmdt1.4.1 Freedom of Assembly and Petition: OverviewFirst 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. . .
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