History of First Amendment to the United States Constitution in Timeline

The First Amendment to the United States Constitution, ratified in 1791, guarantees fundamental rights and freedoms. It prevents Congress from establishing a state religion or prohibiting the free exercise thereof. Furthermore, it protects freedom of speech and of the press, ensuring individuals can express themselves and access information without government censorship. The amendment also safeguards the right of the people to peaceably assemble and to petition the government to address grievances. These provisions collectively ensure a degree of liberty and political participation.

1900: Pornography Prohibition

In 1900, there was a total prohibition of pornography in the United States.

1917: Espionage Act of 1917

In 1917, during World War I, the Espionage Act of 1917 imposed a maximum sentence of twenty years for anyone who caused insubordination in the military forces and stated the punishment if anyone allows enemies to obtain information from a place connected with the national defense.

1917: Petitions Against the Espionage Act

In 1917, petitions against the Espionage Act resulted in imprisonments. The Supreme Court did not rule on this issue.

June 16, 1918: Eugene V. Debs' Speech in Canton, Ohio

On June 16, 1918, Eugene V. Debs delivered a speech in Canton, Ohio, speaking of comrades convicted of aiding and abetting another in failing to register for the draft, leading to his charge and conviction under the Espionage Act.

1919: Supreme Court Hears Espionage Act Appeals

In 1919, the Supreme Court heard four appeals resulting from Espionage Act cases: Schenck v. United States, Debs v. United States, Frohwerk v. United States, and Abrams v. United States.

1922: Publication of Ulysses

In 1922, James Joyce's novel Ulysses was published.

1925: An American Tragedy Banned

In 1925, Theodore Dreiser's "An American Tragedy" was banned for obscenity.

1925: Gitlow v. New York

In 1925, in Gitlow v. New York, the Supreme Court upheld the conviction of Benjamin Gitlow but found that the First Amendment applied to state laws as well as federal laws, via the Fourteenth Amendment.

1927: Whitney v. California

In 1927, in Whitney v. California, Justice Brandeis argued for broader protections for political speech in his dissent.

1928: Lady Chatterley's Lover Banned

In 1928, D.H. Lawrence's "Lady Chatterley's Lover" was banned for obscenity.

1929: United States v. Schwimmer

In 1929, Justice Holmes dissented in United States v. Schwimmer, stating that "we protect the freedom to express 'the thought that we hate.'"

1931: Near v. Minnesota

In 1931, the Supreme Court case Near v. Minnesota established that the First Amendment protects against prior restraint or pre-publication censorship in almost all cases, strengthening the Free Press Clause.

1931: Stromberg v. California

In 1931, the Supreme court case Stromberg v. California, was relied on in 1969 in the Street v. New York case.

1933: United States v. One Book Called Ulysses

In 1933, in the case United States v. One Book Called Ulysses, Judge John M. Woolsey established a new standard to evaluate James Joyce's novel Ulysses, stating that works must be considered in their entirety.

1936: Grosjean v. American Press Co.

In 1936, the Supreme Court invalidated a state tax on newspaper advertising revenues in Grosjean v. American Press Co., holding that the role of the press in creating "informed public opinion" was vital.

1937: Herndon v. Lowry

In 1937, the Court reversed Angelo Herndon's conviction in Herndon v. Lowry, holding that Georgia had failed to demonstrate any "clear and present danger" in Herndon's political advocacy.

1938: Lovell v. City of Griffin

In 1938, Chief Justice Charles Evans Hughes defined "press" as "every sort of publication which affords a vehicle of information and opinion" in Lovell v. City of Griffin.

1938: Foreign Agents Registration Act

In 1938, The Foreign Agents Registration Act was established, defining several Canadian films as "political propaganda", requiring their sponsors to be identified, as ruled on in Meese v. Keene.

1939: Hague v. Committee for Industrial Organization

In 1939, it was decided in Hague v. Committee for Industrial Organization that the freedom of assembly covered by the First Amendment applies to public forums like streets and parks.

1940: Congress enacted the Smith Act

In 1940, Congress enacted the Smith Act, which made it illegal to advocate "the propriety of overthrowing or destroying any government in the United States by force and violence". The statute was intended to combat Communist leaders.

1940: Minersville School District v. Gobitis Overruled

In 1940, Minersville School District v. Gobitis, which had upheld such punishments of school children, was overruled in 1943.

1940: Cantwell v. Connecticut

In 1940, the Court held in Cantwell v. Connecticut that the Due Process Clause of the Fourteenth Amendment applied the Free Exercise Clause to the states.

1940: Thornhill v. Alabama

In 1940, the Supreme Court stated in Thornhill v. Alabama that the freedom of speech and of the press embraces the liberty to discuss publicly and truthfully all matters of public concern.

1942: Valentine v. Chrestensen

In 1942, the Court upheld a New York City ordinance forbidding the "distribution in the streets of commercial and business advertising matter" in Valentine v. Chrestensen, ruling the First Amendment protection of free speech did not include commercial speech.

1942: Chaplinsky v. New Hampshire

In 1942, the Supreme Court referenced Chaplinsky v. New Hampshire as a qualification to the statement that the First Amendment does not guarantee the right to express any thought, free from government censorship.

1943: Mills v. Alabama

In 1943 the Supreme Court laid out the purpose of the free press clause in Mills v. Alabama.

1943: Murdock v. Pennsylvania

In 1943, in Murdock v. Pennsylvania, the Supreme Court articulated the preferred position doctrine, affirming that freedom of press, freedom of speech, and freedom of religion hold a preferred position in the legal system.

1943: West Virginia State Board of Education v. Barnette

In 1943, the Court ruled that school children could not be punished for refusing either to say the pledge of allegiance or salute the American flag in West Virginia State Board of Education v. Barnette.

1944: United States v. Ballard

In 1944, the Supreme Court case United States v. Ballard established that the government may not punish the expression of religious doctrines it believes to be false.

1947: Everson v. Board of Education

In 1947, the Supreme Court case Everson v. Board of Education incorporated the Establishment Clause to apply against the states.

1948: McCollum v. Board of Education

In 1948, Felix Frankfurter called in his concurrence opinion in McCollum v. Board of Education for a strict separation between state and church.

1948: Puerto Rico's Games of Chance Act Enacted

In 1948, Puerto Rico's Games of Chance Act was enacted, which later became the subject of a Supreme Court case regarding its constitutionality.

1949: Terminiello v. City of Chicago

In 1949, the Supreme Court emphasized the importance of freedom of speech in Terminiello v. City of Chicago in the context of clear and present danger.

1951: Dennis v. United States

In 1951, the Supreme Court decided Dennis v. United States, upholding the Smith Act. Chief Justice Fred M. Vinson used a version of Holmes' "clear and present danger" test.

1952: Kedroff v. St. Nicholas Cathedral

In 1952, the Supreme Court case Kedroff v. St. Nicholas Cathedral established that the government may not lend its power to one or the other side in controversies over religious authority or dogma.

1952: Zorach v. Clauson

In 1952, the Supreme Court observed in Zorach v. Clauson that the government may not finance religious groups nor undertake religious instruction nor blend secular and sectarian education nor use secular institutions to force one or some religion on any person.

1953: Otten v. Baltimore & Ohio R. Co.

In 1953, Judge Learned Hand wrote in Otten v. Baltimore & Ohio R. Co., "The First Amendment ... gives no one the right to insist that, in pursuit of their own interests others must conform their conduct to his own religious necessities." This was later quoted in Estate of Thornton v. Caldor, Inc.

1953: Fowler v. Rhode Island

In 1953, the Supreme Court case Fowler v. Rhode Island established that the government may not impose special disabilities on the basis of religious views or religious status.

1957: Yates v. United States

In 1957, the Supreme Court limited the Smith Act prosecutions to "advocacy of action" rather than "advocacy in the realm of ideas" in Yates v. United States. Advocacy of abstract doctrine remained protected while speech explicitly inciting the forcible overthrow of the government was punishable under the Smith Act.

1958: NAACP v. Alabama

In 1958, the Supreme Court ruled in NAACP v. Alabama that freedom of association was protected by the First Amendment and that privacy of membership was an essential part of this freedom.

1960: Talley v. California

In 1960, the Court struck down a Los Angeles city ordinance that made it a crime to distribute anonymous pamphlets in Talley v. California.

1961: McGowan v. Maryland Dissent

In 1961, Justice William O. Douglas's dissenting opinion in McGowan v. Maryland highlighted the broad protections offered by the First Amendment's religious liberty clauses.

1961: Torcaso v. Watkins

In 1961, the Supreme Court case Torcaso v. Watkins established that the government may not compel affirmation of religious belief.

1961: Braunfeld v. Brown

In 1961, the Supreme Court stated in Braunfeld v. Brown that the freedom to hold religious beliefs and opinions is absolute.

1963: Abington School District v. Schempp

In 1963, the Supreme Court case Abington School District v. Schempp stated that the core rationale underlying the Establishment Clause is preventing a fusion of governmental and religious functions.

1963: Sherbert v. Verner

In 1963, the Supreme Court required states to meet the "strict scrutiny" standard when refusing to accommodate religiously motivated conduct in Sherbert v. Verner. This meant the government needed to have a "compelling interest" regarding such a refusal. The case involved Adele Sherbert, who was denied unemployment benefits by South Carolina because she refused to work on Saturdays, something forbidden by her Seventh-day Adventist faith.

1964: Jacobellis v. Ohio

In 1964, Justice Potter Stewart famously said in Jacobellis v. Ohio that he could not precisely define pornography, but "I know it when I see it".

1964: New York Times Co. v. Sullivan

In 1964, the Supreme Court case New York Times Co. v. Sullivan overturned English common law precedent, increasing the burden of proof for defamation and libel suits and significantly impacting freedom of the press.

1965: Griswold v. Connecticut

In 1965, the Supreme Court referenced Griswold v. Connecticut in relation to freedom of association and privacy.

1966: Bond v. Floyd

In 1966, the Supreme Court declared in Bond v. Floyd that the First Amendment central commitment is that debate on public issues should be uninhibited, robust, and wide-open.

1968: United States v. O'Brien

In 1968, the Court in United States v. O'Brien upheld a law prohibiting the forgery, mutilation, or destruction of draft cards, fearing that burning draft cards would interfere with the "smooth and efficient functioning" of the draft system.

1968: Epperson v. Arkansas

In 1968, the Supreme Court case Epperson v. Arkansas outlined the broad principle of denominational neutrality mandated by the First Amendment.

1969: Stanley v. Georgia

In 1969, the Court ruled in Stanley v. Georgia that personal possession of obscene material in the home may not be prohibited by law.

1969: Presbyterian Church v. Hull Church

In 1969, the Supreme Court case Presbyterian Church v. Hull Church established that the government may not lend its power to one or the other side in controversies over religious authority or dogma.

1969: Brandenburg v. Ohio

In 1969, the Supreme Court handed down its decision in Brandenburg v. Ohio, expressly overruling Whitney v. California. Brandenburg discarded the "clear and present danger" test introduced in Schenck and further eroded Dennis.

1970: Walz v. Tax Commission of the City of New York

In 1970, Chief Justice Warren E. Burger observed in Walz v. Tax Commission of the City of New York that "[n]o perfect or absolute separation is really possible" between church and state, coining the term "benevolent neutrality."

1970: Gillette v. United States

In 1970, the Supreme Court wrote in Gillette v. United States that one of the central purposes of the First Amendment is ensuring governmental neutrality in matters of religion.

1971: Cohen v. California

In 1971, the Court voted to reverse the conviction of a man wearing a jacket reading "Fuck the Draft" in the corridors of a Los Angeles County courthouse in Cohen v. California, with Justice John Marshall Harlan II writing that Cohen's jacket fell in the category of protected political speech.

1971: Federal Election Campaign Act

In 1971, the Federal Election Campaign Act was established and later reviewed in 1976 in Buckley v. Valeo. The Court affirmed the constitutionality of limits on campaign contributions but overturned the spending limits.

1971: New York Times v. United States

In 1971, the Supreme Court case New York Times v. United States affirmed the protection against prior restraint or pre-publication censorship under the First Amendment, reinforcing the Free Press Clause.

1971: Lemon v. Kurtzman

In 1971, the points from Walz v. Tax Commission of the City of New York were combined into the Lemon test, declaring that an action was an establishment if it did not meet certain criteria in Lemon v. Kurtzman.

1972: Chicago Police Dept. v. Mosley

In 1972, Chief Justice Warren E. Burger made a concurrence in Chicago Police Dept. v. Mosley about limits to free speech.

1972: Healy v. James

In 1972, the Court ruled in Healy v. James that Central Connecticut State College's refusal to recognize a campus chapter of Students for a Democratic Society was unconstitutional, reaffirming Tinker.

1972: Wisconsin v. Yoder

In 1972, the Court ruled in Wisconsin v. Yoder that a law which "unduly burdens the practice of religion" without a compelling interest, even though it might be "neutral on its face", would be unconstitutional.

1972: California Motor Transport Co. v. Trucking Unlimited

In 1972, the Supreme Court said the right to petition encompasses "the approach of citizens or groups of them to administrative agencies (which are both creatures of the legislature, and arms of the executive) and to courts, the third branch of Government. Certainly the right to petition extends to all departments of the Government. The right of access to the courts is indeed but one aspect of the right of petition."

1973: Miller v. California

In 1973, the Roth test was expanded when the Court decided Miller v. California, establishing a new standard for obscenity.

1974: Gertz v. Robert Welch, Inc.

In 1974, the Court ruled in Gertz v. Robert Welch, Inc. that a private individual had to prove malice only to be awarded punitive damages, not actual damages.

1974: Miami Herald Publishing Co. v. Tornillo

In 1974, the Supreme Court unanimously struck down a state law requiring newspapers criticizing political candidates to publish their responses in Miami Herald Publishing Co. v. Tornillo. The Supreme Court found that freedom, but not responsibility, is mandated by the First Amendment.

1976: Virginia State Pharmacy Board v. Virginia Citizens Consumer Council

In 1976, the Court overturned Valentine and ruled that commercial speech was entitled to First Amendment protection in Virginia State Pharmacy Board v. Virginia Citizens Consumer Council.

1976: Serbian Eastern Orthodox Diocese v. Milivojevich

In 1976, the Supreme Court case Serbian Eastern Orthodox Diocese v. Milivojevich established that the government may not lend its power to one or the other side in controversies over religious authority or dogma.

1976: Buckley v. Valeo

In 1976, the Supreme Court reviewed the Federal Election Campaign Act of 1971 and related laws in Buckley v. Valeo. The Court affirmed the constitutionality of limits on campaign contributions but overturned the spending limits.

1977: Abood v. Detroit Board of Education Overruled

In 1977, Abood v. Detroit Board of Education, which had upheld legally obligating public sector employees to pay such dues, was overruled in 2018.

1977: Wooley v. Maynard

In 1977, the Supreme Court case Wooley v. Maynard, confirmed that the Due Process Clause of the Fourteenth Amendment imposes on the states the same limitations the First Amendment had always imposed on the Congress.

1978: Ohralik v. Ohio State Bar Association

In 1978, the Court ruled that commercial speech was not protected by the First Amendment as much as other types of speech in Ohralik v. Ohio State Bar Association.

1978: McDaniel v. Paty

In 1978, the Supreme Court case McDaniel v. Paty established that the government may not impose special disabilities on the basis of religious views or religious status.

1980: Central Hudson Gas & Electric Corp. v. Public Service Commission

In 1980, the Court clarified what analysis was required before the government could justify regulating commercial speech in Central Hudson Gas & Electric Corp. v. Public Service Commission.

1982: United States v. Lee

In 1982, In the U.S. Supreme Court case United States v. Lee the Court declared that every person cannot be shielded from all the burdens incident to exercising every aspect of the right to practice religious beliefs.

1982: Larkin v. Grendel's Den, Inc.

In 1982, the Supreme Court case Larkin v. Grendel's Den, Inc. stated that the core rationale underlying the Establishment Clause is preventing a fusion of governmental and religious functions.

1982: Larson v. Valente

In 1982, the Supreme Court case Larson v. Valente established that the government may not impose special disabilities on the basis of religious views or religious status.

1982: New York v. Ferber

In 1982, the Supreme Court decided in New York v. Ferber that Child pornography is not subject to the Miller test.

1984: Republican National Convention

In 1984, during the Republican National Convention in Dallas, Texas, Gregory Lee Johnson burned an American flag at a demonstration.

1984: Roberts v. United States Jaycees

In 1984, the Court stated in Roberts v. United States Jaycees that "implicit in the right to engage in activities protected by the First Amendment" is "a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends".

1984: Lynch v. Donnelly

In 1984, the Supreme Court observed in Lynch v. Donnelly that the "wall" of separation between church and state is a useful metaphor, but not an accurate description of the practical aspects of the relationship that in fact exists, mandating accommodation, not merely tolerance, of all religions.

1985: Wallace v. Jaffree

In 1985, William Rehnquist called for abandoning the "wall of separation between church and State" metaphor in Wallace v. Jaffree, arguing it was based on bad history and an ineffective guide for judging.

1985: Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.

In 1985, the Court ruled in Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. that "actual malice" need not be shown in cases involving private individuals.

1985: Estate of Thornton v. Caldor, Inc.

In 1985, the Supreme Court in Estate of Thornton v. Caldor, Inc echoed the statement from 1953 case Otten v. Baltimore & Ohio R. Co., "The First Amendment ... gives no one the right to insist that, in pursuit of their own interests others must conform their conduct to his own religious necessities."

1986: Bethel School District v. Fraser

In 1986, the Court ruled in Bethel School District v. Fraser that a student could be punished for sexual-innuendo-laced speech before a school assembly.

1986: Posadas v. Tourism Company of Puerto Rico

In 1986, the U.S. Supreme Court affirmed that Puerto Rico's Games of Chance Act of 1948 was not facially unconstitutional, applying the Central Hudson standards in Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico.

1987: Meese v. Keene

In 1987, in Meese v. Keene, the Court upheld the Foreign Agents Registration Act of 1938, under which several Canadian films were defined as "political propaganda", requiring their sponsors to be identified.

1987: Hobbie v. Unemployment Appeals Comm'n of Fla

In 1987, the Supreme Court in Hobbie v. Unemployment Appeals Comm'n of Fla stated that The Free Exercise Clause "protect[s] religious observers against unequal treatment".

1987: Arkansas Writers' Project v. Ragland

In 1987, the Supreme Court invalidated an Arkansas law exempting "religious, professional, trade and sports journals" from taxation in Arkansas Writers' Project v. Ragland, since the law amounted to the regulation of newspaper content.

1988: Hazelwood v. Kuhlmeier

In 1988, the Court found in Hazelwood v. Kuhlmeier that schools need not tolerate student speech inconsistent with their educational mission.

1988: Philadelphia Newspapers v. Hepps and Hustler Magazine v. Falwell

In 1988, the Court found in Philadelphia Newspapers v. Hepps that the First Amendment does "not necessarily force any change in at least some features of the common-law landscape" and extended the "actual malice" standard to intentional infliction of emotional distress in Hustler Magazine v. Falwell.

1988: Lyng v. Northwest Indian Cemetery Protective Association

In 1988, the Supreme Court cited Lyng v. Northwest Indian Cemetery Protective Association.

1989: Texas v. Johnson

In 1989, the Supreme Court reversed Gregory Lee Johnson's conviction for burning an American flag at a demonstration during the 1984 Republican National Convention in Dallas, Texas, in the case of Texas v. Johnson.

1990: Austin v. Michigan Chamber of Commerce Overruled

In 1990, the Austin v. Michigan Chamber of Commerce, upheld a state law that prohibited corporations from using treasury funds to support or oppose candidates in elections. This case was overruled in 2010.

1990: Milkovich v. Lorain Journal Co.

In 1990, the Court ruled in Milkovich v. Lorain Journal Co. that the First Amendment offers no wholesale exception to defamation law for statements labeled "opinion", requiring statements to be provably false to be subject to a libel suit.

1990: Employment Division v. Smith

In 1990, the Supreme Court narrowed the need for a compelling governmental interest in Employment Division v. Smith regarding a neutral law of general applicability that happens to affect a religious practice.

1990: Osborne v. Ohio

In 1990, the Supreme Court reaffirmed in Osborne v. Ohio that Child pornography is not subject to the Miller test.

1990: United States v. Eichman

In 1990, the Supreme Court struck down a federal law barring flag burning in United States v. Eichman.

1991: Leathers v. Medlock

In 1991, the Supreme Court found that states may treat different types of the media differently in Leathers v. Medlock, such as by taxing cable television, but not newspapers.

1991: Simon & Schuster v. Crime Victims Board

In 1991, the Supreme Court struck down a New York "Son of Sam" law in Simon & Schuster v. Crime Victims Board as a violation of the First Amendment.

1993: Justice John Paul Stevens' Commentary

In 1993, U.S. Supreme Court Justice John Paul Stevens commented on the phraseology of the First Amendment in a journal article, emphasizing the word 'the' in 'the freedom of speech'.

1993: Religious Freedom Restoration Act (RFRA)

In 1993, the Congress passed the Religious Freedom Restoration Act (RFRA), seeking to restore the compelling interest requirement applied in Sherbert and Yoder.

1993: Church of the Lukumi Babalu Aye, Inc. v. Hialeah

In 1993, the Supreme Court quoted from Church of the Lukumi Babalu Aye, Inc. v. Hialeah, stating that religious observers are protected against unequal treatment by virtue of the Free Exercise Clause.

1993: Church of Lukumi Babalu Aye v. City of Hialeah

In 1993, the Supreme Court ruled in Church of Lukumi Babalu Aye v. City of Hialeah that an ordinance banning ritual slaughter was unconstitutional because it was not generally applicable and lacked a compelling interest.

1994: Board of Education of Kiryas Joel Village School District v. Grumet

In 1994, the Court case Board of Education of Kiryas Joel Village School District v. Grumet, concluded that "government should not prefer one religion to another, or religion to irreligion.".

1995: Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston

In 1995, the Court ruled in Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston that a group may exclude people from membership if their presence would affect the group's ability to advocate a particular point of view.

1995: McIntyre v. Ohio Elections Commission

In 1995, the Court struck down an Ohio statute that made it a crime to distribute anonymous campaign literature in McIntyre v. Ohio Elections Commission.

1996: Child Pornography Prevention Act

In 1996, the Child Pornography Prevention Act was enacted.

1996: 44 Liquormart, Inc. v. Rhode Island

In 1996, the Supreme Court restricted the lax interpretation of Central Hudson standards in 44 Liquormart, Inc. v. Rhode Island, invalidating a Rhode Island law prohibiting the publication of liquor prices.

1997: City of Boerne v. Flores

In 1997, the Court struck down provisions of RFRA that forced state and local governments to provide protections exceeding those required by the First Amendment in City of Boerne v. Flores.

1997: Agostini v. Felton

In 1997, the entanglement prong of the Lemon test was converted to simply being a factor in determining the effect of the challenged statute or practice in Agostini v. Felton.

2000: Near-Total Tolerance of Pornography

By 2000, there was near-total tolerance of pornography in the United States, reflecting a series of court cases and changed social attitudes.

2000: Boy Scouts of America v. Dale

In 2000, the Court ruled in Boy Scouts of America v. Dale that a New Jersey law, which forced the Boy Scouts of America to admit an openly gay member, to be an unconstitutional abridgment of the Boy Scouts' right to free association.

2002: Zelman v. Simmons-Harris

In 2002, in Zelman v. Simmons-Harris, the opinion of the Court considered secular purpose and the absence of primary effect.

2002: Bipartisan Campaign Reform Act

In 2002, the Bipartisan Campaign Reform Act (BCRA) was a federal law that imposed new restrictions on campaign financing. The case was reviewed in 2003 in McConnell v. Federal Election Commission.

2002: Ashcroft v. Free Speech Coalition

In 2002, the Court ruled in Ashcroft v. Free Speech Coalition further upheld these rights by invalidating the Child Pornography Prevention Act of 1996.

2003: The PROTECT Act

In 2003, the PROTECT Act was enacted.

2003: McConnell v. Federal Election Commission

In 2003, the court scrutinized campaign finance regulation in McConnell v. Federal Election Commission. The Supreme Court upheld provisions which barred the raising of soft money by national parties. However, the Court struck down the "choice of expenditure" rule.

2004: Locke v. Davey

In 2004, the Supreme Court stated in Locke v. Davey that denying funding for vocational religious instruction alone is not inherently constitutionally suspect, especially when a state's constitution forbids state aid to religious institutions. The Court explained that the state has a "substantial state interest" in this denial.

2005: Van Orden v. Perry, McCreary County v. ACLU

In 2005, in Van Orden v. Perry and McCreary County v. ACLU, the Court considered the issue of religious monuments on federal lands.

2005: McCreary County v. American Civil Liberties Union

In 2005, the Court explained in McCreary County v. American Civil Liberties Union that when the government acts with the ostensible and predominant purpose of advancing religion, then it violates that central Establishment Clause value of official religious neutrality.

2006: Flag Desecration Amendment Failed

In 2006, a Flag Desecration Amendment to the U.S. Constitution failed to pass the Senate by a single vote.

2006: Gonzales v. UDV

In 2006, according to the court's ruling in Gonzales v. UDV, RFRA remains applicable to federal laws and so those laws must still have a "compelling interest."

2007: Morse v. Frederick

In 2007, the Court ruled in Morse v. Frederick that schools could restrict student speech at school-sponsored events promoting "illegal drug use".

2007: Federal Election Commission v. Wisconsin Right to Life, Inc.

In 2007, the Court sustained an "as applied" challenge to BCRA in Federal Election Commission v. Wisconsin Right to Life, Inc., holding that issue ads may not be banned from the months preceding a primary or general election.

2008: United States v. Williams

In 2008, the Court upheld the PROTECT Act of 2003 in United States v. Williams.

2008: Davis v. Federal Election Commission

In 2008, the Supreme Court declared the "Millionaire's Amendment" provisions of the BCRA to be unconstitutional in Davis v. Federal Election Commission. The Court held that easing BCRA restrictions for an opponent of a self-financing candidate spending at least $350,000 of his or her own money violated the freedom of speech of the self-financing candidate.

2010: Salazar v. Buono

In 2010, in Salazar v. Buono the Court considered the issue of religious monuments on federal lands without reaching a majority reasoning on the subject.

2010: Citizens United v. Federal Election Commission

In 2010, the Court ruled in Citizens United v. Federal Election Commission that the BCRA's federal restrictions on electoral advocacy by corporations or unions were unconstitutional for violating the Free Speech Clause of the First Amendment.

2011: Borough of Duryea v. Guarnieri

In 2011, the Supreme Court stated regarding the Free Speech Clause and the Petition Clause in Borough of Duryea v. Guarnieri.

2012: United States v. Alvarez

In 2012, the Supreme Court struck down the Stolen Valor Act in United States v. Alvarez, ruling that the First Amendment bars the government from punishing people for making false claims regarding military service or honors.

2014: McCutcheon v. Federal Election Commission

In 2014, the Court ruled in McCutcheon v. Federal Election Commission that federal aggregate limits on how much a person can donate to candidates, political parties, and political action committees, combined respectively in a two-year period known as an "election cycle", violated the Free Speech Clause of the First Amendment.

2014: Burwell v. Hobby Lobby Stores, Inc.

In 2014, the Supreme Court decided in Burwell v. Hobby Lobby Stores, Inc. that closely held, for-profit corporations have free exercise rights under the RFRA, but its decision was not based on the constitutional protections of the First Amendment.

2014: University of Chicago "Chicago Statement"

In 2014, the University of Chicago released the "Chicago Statement", a free speech policy statement designed to combat censorship on campus and later adopted by other universities.

2017: Matal v. Tam

In 2017, a plurality opinion in Matal v. Tam affirmed the principle "that “the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.”

2017: Packingham v. North Carolina

In 2017, the Supreme Court held in Packingham v. North Carolina that a state law prohibiting registered sex offenders from accessing various websites impermissibly restricted lawful speech, violating the First Amendment.

2017: Trinity Lutheran Church of Columbia, Inc. v. Comer

In 2017, the Supreme Court ruled in Trinity Lutheran Church of Columbia, Inc. v. Comer that denying a generally available public benefit on account of the religious nature of an institution violates the Free Exercise Clause.

2018: Janus v. AFSCME

In 2018, the Court ruled in Janus v. AFSCME that requiring a public sector employee to pay dues to a union of which he is not a member violated the First Amendment.

2018: National Institute of Family and Life Advocates v. Becerra

In 2018, the Court ruled in National Institute of Family and Life Advocates v. Becerra that a California law requiring crisis pregnancy centers to post notices informing patients they can obtain free or low-cost abortions violated those centers' right to free speech.

2019: Pornography regulation

As of 2019, pornography, except for child pornography, is in practice mostly free of governmental restrictions in the United States.

2020: Tanzin v. Tanvir

In 2020, the Supreme Court decided in Tanzin v. Tanvir that the Religious Freedom Restoration Act's express remedies provision permits litigants to obtain money damages against federal officials in their individual capacities.

2020: Espinoza v. Montana Department of Revenue

In 2020, the Supreme Court ruled in Espinoza v. Montana Department of Revenue that the Free Exercise Clause forbids a state from denying a tax credit based on a Blaine Amendment in the state's constitution. The Court subjected such denial to "strictest scrutiny."

2021: Americans for Prosperity Foundation v. Bonta

In 2021, the Court ruled in Americans for Prosperity Foundation v. Bonta that California's requiring disclosure of the identities of nonprofit companies' big-money donors violated those donors' First Amendment rights.

2022: Kennedy v. Bremerton School District

After the Supreme Court ruling in the coach praying case of Kennedy v. Bremerton School District in 2022, the Lemon Test may have been replaced or complemented with a reference to historical practices and understandings.

2022: Carson v. Makin

In 2022, citing Lyng v. Northwest Indian Cemetery Protective Association (1988) the Supreme Court decided in the Espinoza follow-up case Carson v. Makin that the Free Exercise Clause of the First Amendment protects against “indirect coercion or penalties on the free exercise of religion, not just outright prohibitions.”