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1. Introduction
Intro.4 Bill of Rights (First Through Tenth Amendments) Annotated

On 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. . .
2. First Amendment
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. . .
3. First Amendment
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. . .
4. First Amendment
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. . .
5. First Amendment
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. . .
6. First Amendment
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. . .
7. First Amendment
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. . .
8. First Amendment
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. . .
9. First Amendment
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. . .
10. First Amendment
Amdt1.1.2.1.1.2.7 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. . .
11. First Amendment
Amdt1.1.2.1.1.2.8 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. . .
12. First Amendment
Amdt1.1.2.1.1.2.9 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 of the press; or the right of the. . .
13. First Amendment
Amdt1.1.2.1.1.2.10 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. . .
14. First Amendment
Amdt1.1.2.1.1.2.11 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; or the right of the. . .
15. First Amendment
Amdt1.1.2.1.1.2.12 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; or the right of the. . .
16. First Amendment
Amdt1.1.3 Relationship Between Establishment Clause and Free Speech Clause

and 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. . .
17. First Amendment
Amdt1.1.4.1 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. . .
18. First Amendment
Amdt1.1.4.2.1.1 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. . .
19. First Amendment
Amdt1.1.4.2.1.2 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. . .
20. First Amendment
Amdt1.1.4.2.1.3 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. . .
21. First Amendment
Amdt1.1.4.2.2 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. . .
22. First Amendment
Amdt1.1.4.2.3 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. . .
23. First Amendment
Amdt1.2.1 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. . .
24. First Amendment
Amdt1.2.2.1 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. . .
25. First Amendment
Amdt1.2.2.2 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. . .
26. First Amendment
Amdt1.2.2.4 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. . .
27. First Amendment
Amdt1.2.3.1.1 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. . .
28. First Amendment
Amdt1.2.3.1.2.1 Advocacy of Illegal Conduct: Early Doctrine

Clear 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,. . .
29. First Amendment
Amdt1.2.3.1.2.2 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. . .
30. First Amendment
Amdt1.2.3.1.2.3 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. . .
31. First Amendment
Amdt1.2.3.2.1 Fighting Words, Hostile Audiences and True Threats: Overview

Fighting 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. . .
32. First Amendment
Amdt1.2.3.3.1 Defamation and False Statements: Overview

Defamation 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 . . .
33. First Amendment
Amdt1.2.3.3.2.1 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. . .
34. First Amendment
Amdt1.2.3.4.1 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. . .
35. First Amendment
Amdt1.2.3.4.2.1 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. . .
36. First Amendment
Amdt1.2.3.4.2.2 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. . .
37. First Amendment
Amdt1.2.3.4.2.3 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. . .
38. First Amendment
Amdt1.2.3.5.1 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. . .
39. First Amendment
Amdt1.2.4.1.1 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. . .
40. First Amendment
Amdt1.2.5.1 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. . .
41. First Amendment
Amdt1.2.6.1.1 Government-Owned Property: Early Doctrine

The 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. . .
42. First Amendment
Amdt1.2.7.1.1 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. . .
43. First Amendment
Amdt1.2.8.1 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. . .
44. First Amendment
Amdt1.2.8.2.1 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. . .
45. First Amendment
Amdt1.2.8.2.2 Freedom of Speech and the Role of the Government: Government as Educator

Government 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. . .
46. First Amendment
Amdt1.2.8.2.3 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. . .
47. First Amendment
Amdt1.2.9.1 Regulation of the Media: Overview

Taxation 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 . . .
48. First Amendment
Amdt1.2.10.1.1 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. . .
49. First Amendment
Amdt1.2.10.1.2 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. . .
50. First Amendment
Amdt1.2.10.1.3 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. . .
51. First Amendment
Amdt1.2.11.1 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. . .
52. First Amendment
Amdt1.2.11.2.1 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. . .
53. First Amendment
Amdt1.2.11.2.2 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. . .
54. First Amendment
Amdt1.2.12.1 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. . .
55. First Amendment
Amdt1.2.12.2.1 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. . .
56. First Amendment
Amdt1.2.12.2.2 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. . .
57. First Amendment
Amdt1.2.12.3.1 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. . .
58. First Amendment
Amdt1.2.12.3.2 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. . .
59. First Amendment
Amdt1.2.13.1 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. . .
60. First Amendment
Amdt1.3.1 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. . .
61. First Amendment
Amdt1.3.2.1 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. . .
62. First Amendment
Amdt1.3.2.2 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. . .
63. First Amendment
Amdt1.4.1 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. . .

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