Full History Of First Amendment to the United States Constitution In Timeline From 1900

1 day ago : First Amendment Under Scrutiny: Journalists Face Violence, Sparking Debate on Press Freedom.

Recent incidents of journalists being attacked while covering protests raise concerns about the safety of the press and potential violations of the First Amendment, prompting calls for greater police restraint.

1900: Total Prohibition of Pornography

Around 1900, there was a total prohibition of pornography in the United States, which reflects a significant change in societal and legal attitudes by 2000.

1917: Petitions against the Espionage Act

In 1917, petitions against the Espionage Act led to imprisonments, though the Supreme Court did not rule on the issue.

1917: Espionage Act of 1917

In 1917, the Espionage Act of 1917 was enacted, imposing a maximum sentence of twenty years for anyone who caused or attempted to cause insubordination, disloyalty, mutiny, or refusal of duty in the military or naval forces of the United States.

June 16, 1918: Eugene V. Debs's Speech

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 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. In 1933, Judge John M. Woolsey established a new standard to evaluate it, stating that works must be considered in their entirety, rather than declared obscene on the basis of an individual part of the work.

Ulysses

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1925: An American Tragedy Banned

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

An American Tragedy

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1925: Gitlow v. New York

In 1925, in Gitlow v. New York, the Court upheld the conviction of a labor organizer but found that the First Amendment applied to state laws as well as federal laws, via the Due Process Clause of the Fourteenth Amendment.

1927: Whitney v. California

In 1927, in Whitney v. California, Justice Brandeis dissented, arguing for broader protections for political speech in a case involving a Communist Party USA organizer arrested for criminal syndicalism.

1928: Lady Chatterley's Lover Banned

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

Lady Chatterley's Lover: Cambridge Lawrence Edition (Penguin Classics)

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1929: United States v. Schwimmer

In 1929, Justice Holmes dissented in United States v. Schwimmer, stating that free speech jurisprudence protects the freedom to express even the thoughts we hate.

1931: Near v. Minnesota

In 1931, the Supreme Court ruled in Near v. Minnesota that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases.

1933: United States v. One Book Called Ulysses

In 1933, in the federal district court 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, rather than declared obscene on the basis of an individual part of the work.

Ulysses

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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., recognizing the press's vital role in creating "informed public opinion."

1937: De Jonge v. Oregon

In 1937, the Supreme Court case De Jonge v. Oregon affirmed that the right of peaceable assembly is fundamental and cannot be denied without violating principles of liberty and justice. The court stated that holding meetings for peaceable political action cannot be proscribed and emphasized that the purpose of the meeting, not the auspices or relations of the speakers, determines whether it is protected by the Constitution.

1938: Enactment of the Foreign Agents Registration Act

In 1938, The Foreign Agents Registration Act was enacted, which was later upheld in Meese v. Keene, requiring sponsors of items defined as "political propaganda" to be identified.

1938: Lovell v. City of Griffin

In 1938, in Lovell v. City of Griffin, Chief Justice Charles Evans Hughes defined "press" broadly as "every sort of publication which affords a vehicle of information and opinion,", extending First Amendment protections to various media including newspapers, books, plays, movies, and video games.

1939: Hague v. Committee for Industrial Organization

In 1939, the Supreme Court case Hague v. Committee for Industrial Organization determined that the freedom of assembly covered by the First Amendment applies to public forums like streets and parks. The court gave the right of assembly a broad meaning, stating it can be used for communicating views on national questions and for holding meetings and disseminating information for various lawful purposes.

1940: Congress Enacts the Smith Act

In 1940, Congress passed the Smith Act, which criminalized advocating the overthrow of the U.S. government through force or violence. The Smith Act gave law enforcement a tool to combat leaders of the Communist party.

1940: Cantwell v. Connecticut

In 1940, the Supreme Court case Cantwell v. Connecticut 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.

1940: Minersville School District v. Gobitis

In 1940, the Supreme Court decided in Minersville School District v. Gobitis that schools could punish students for refusing to salute the American flag. This decision was later overturned in 1943 by West Virginia State Board of Education v. Barnette.

1940: Thornhill v. Alabama decision

In 1940, the Supreme Court invoked the clear and present danger test in Thornhill v. Alabama, invalidating a state antipicketing law. The decision emphasized the importance of freedom of speech.

1942: Valentine v. Chrestensen

In 1942, the Court upheld in Valentine v. Chrestensen a New York City ordinance forbidding the distribution of commercial advertising matter in the streets, ruling that commercial speech was not protected by the First Amendment.

1942: Chaplinsky v. New Hampshire

In 1942, the Supreme Court case Chaplinsky v. New Hampshire placed qualifications on the notion that one is guaranteed the right to express any thought, free from government censorship.

1943: West Virginia State Board of Education v. Barnette

In 1943, the Court ruled in West Virginia State Board of Education v. Barnette that school children cannot be punished for refusing to say the Pledge of Allegiance or salute the American flag. This decision also overruled Minersville School District v. Gobitis from 1940, which had upheld such punishments.

1943: Mills v. Alabama

In 1943, the Supreme Court case of Mills v. Alabama further defined the purpose of the free press clause, emphasizing its role in safeguarding informed public opinion.

1943: Murdock v. Pennsylvania

In 1943, the Supreme Court stated in Murdock v. Pennsylvania that "Freedom of press, freedom of speech, freedom of religion are in a preferred position".

1944: United States v. Ballard

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

1945: Thomas v. Collins

In 1945, Justice Jackson suggested in Thomas v. Collins a distinction between speech directed at the public and speech aimed at individuals in a professional context, arguing a state can't stop an unlicensed person from making a speech about rights.

1947: Everson v. Board of Education

In 1947, in the case Everson v. Board of Education, the Supreme Court incorporated the Establishment Clause, making it applicable 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

In 1948, Puerto Rico enacted the Games of Chance Act, which, along with its regulations, was later found to be constitutional by the Supreme Court of Puerto Rico. In 1986, the U.S. Supreme Court affirmed this conclusion in Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico.

1949: Terminiello v. City of Chicago

In 1949, the Supreme Court decided Terminiello v. City of Chicago, emphasizing the importance of free discussion for civil and political institutions. The Court stated that free speech is vital for democracy, enabling government responsiveness and peaceful change.

1951: Dennis v. United States

In 1951, the Supreme Court upheld the Smith Act in Dennis v. United States. Chief Justice Vinson adapted Holmes' "clear and present danger" test, suggesting the government need not wait until a putsch is imminent before acting.

1952: Kedroff v. St. Nicholas Cathedral

In 1952, the Supreme Court in Kedroff v. St. Nicholas Cathedral, ruled 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 "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: Fowler v. Rhode Island

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

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

In the 1953 case Otten v. Baltimore & Ohio R. Co., Judge Learned Hand stated that the First Amendment does not grant individuals the right to demand others conform to their religious necessities.

1957: Roth v. United States

In 1957, the Supreme Court case Roth v. United States placed qualifications on the notion that one is guaranteed the right to express any thought, free from government censorship.

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 Supreme Court ruled in Talley v. California struck down a Los Angeles city ordinance that made it a crime to distribute anonymous pamphlets. Justice Black wrote that the ordinance would restrict freedom of expression.

1961: McGowan v. Maryland

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

1961: Torcaso v. Watkins

In 1961, The Supreme Court cited Justice Hugo Black in Torcaso v. Watkins.

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 repeated its statement from Everson v. Board of Education in Abington School District v. Schempp.

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. 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 stated in Jacobellis v. Ohio that, although he could not precisely define pornography, "I know it when I see it", highlighting the difficulty of defining obscenity.

1964: New York Times Co. v. Sullivan

In 1964, the Court noted in New York Times Co. v. Sullivan that the public debate around the Alien and Sedition Acts served as a precedent in First Amendment law and ruled that the Acts had been unconstitutional.

1965: Griswold v. Connecticut

In 1965, Griswold v. Connecticut affirmed the freedom of the entire university community, the right to distribute, the right to receive, and the right to read, as well as freedom of inquiry, freedom of thought, and freedom to teach.

1966: Bond v. Floyd

In 1966, in Bond v. Floyd, the Supreme Court declared that the First Amendment's central commitment is that debate on public issues should be uninhibited, robust, and wide-open, referencing New York Times Co. v. Sullivan (1964).

1968: United States v. O'Brien

In 1968, during the Vietnam War, the Supreme Court decided United States v. O'Brien, upholding a law prohibiting the destruction of draft cards. The Court feared that burning draft cards would disrupt the draft system's efficiency.

1968: Epperson v. Arkansas

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

1969: Street v. New York

In 1969, the Supreme Court addressed flag desecration as protest in Street v. New York, after Sidney Street burned a 48-star U.S. flag following a report of James Meredith's murder. Street's conviction under a New York law was overturned due to the law's unconstitutional "words" provision, but the Court avoided ruling on the constitutionality of flag-burning itself.

1969: Tinker v. Des Moines Independent Community School District

In 1969, the Supreme Court decided Tinker v. Des Moines Independent Community School District, extending free speech rights to students in school. The Court ruled that schools could not restrict symbolic speech, such as wearing black armbands to protest the Vietnam War, if it did not "materially and substantially" disrupt school activities.

1969: Brandenburg v. Ohio Decision

In 1969, the Supreme Court handed down its decision in Brandenburg v. Ohio, expressly overruling Whitney v. California. The decision discarded the "clear and present danger" test and referred to the right to speak openly of violent action and revolution in broad terms.

1969: Presbyterian Church v. Hull Church

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

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 a perfect separation of church and state is impossible. He also coined the term "benevolent neutrality" to characterize a way to ensure that there is no conflict between the Establishment Clause and the Free Exercise Clause.

1970: Gillette v. United States

In 1970, the Supreme Court stated in Gillette v. United States that the Establishment Clause thus serves to ensure laws which are "secular in purpose, evenhanded in operation, and neutral in primary impact".

1971: Federal Election Campaign Act

In 1971, The Federal Election Campaign Act was enacted, which was reviewed in 1976 by Buckley v. Valeo.

1971: Cohen v. California

In 1971, in Cohen v. California, the Supreme Court reversed the conviction of a man wearing a jacket with the phrase "Fuck the Draft" in a courthouse. Justice Harlan stated that the jacket was protected political speech.

1971: New York Times Co. v. United States

In 1971, the Supreme Court decided New York Times Co. v. United States (Pentagon Papers case), ruling that the Nixon administration failed to justify prior restraint in seeking to ban publication of classified documents about the Vietnam War.

1971: Lemon v. Kurtzman

In 1971, the points about action entangling the government with religion were combined into the Lemon test in Lemon v. Kurtzman, which declared that an action was an establishment if it met certain criteria.

1972: Chicago Police Dept. v. Mosley

In 1972, Chief Justice Warren E. Burger's concurrence in Chicago Police Dept. v. Mosley addressed the limits of free speech protections under the First Amendment.

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: California Motor Transport Co. v. Trucking Unlimited

In 1972, the Supreme Court case California Motor Transport Co. v. Trucking Unlimited established that the right to petition extends to all departments of the government, including administrative agencies, courts, the Congress, and the executive. The court also broadened the interpretation of "redress of grievances" to include petitions for private interests and demands for government action. The petition clause includes the opportunity to institute non-frivolous lawsuits and peacefully mobilize support to change laws.

1972: Wisconsin v. Yoder

In 1972, the Supreme 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.

1973: Miller v. California

In 1973, the Roth test was expanded when the Court decided Miller v. California, which established a three-prong test for obscenity.

1974: Gertz v. Robert Welch, Inc.

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

1974: Miami Herald Publishing Co. v. Tornillo

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

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

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

1976: Serbian Eastern Orthodox Diocese v. Milivojevich

In 1976, the Supreme Court in Serbian Eastern Orthodox Diocese v. Milivojevich, ruled 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 in Buckley v. Valeo. The Court upheld campaign contribution limits but overturned spending limits, citing restraints on political speech.

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.

1977: Abood v. Detroit Board of Education

In 1977, the Supreme Court ruled in Abood v. Detroit Board of Education, upholding the legality of obligating public sector employees to pay dues to a union, even if they are not members. This decision was later overruled in 2018 by Janus v. AFSCME.

1977: Mt. Healthy City School District Board of Education v. Doyle

In 1977, the Supreme Court unanimously decided in Mt. Healthy City School District Board of Education v. Doyle that a government agency cannot fire or discipline an employee for speech protected by the Constitution on matters of public concern. This ruling protects public employees' free speech rights.

1978: Ohralik v. Ohio State Bar Association

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

1978: McDaniel v. Paty

In 1978, the Supreme Court in McDaniel v. Paty, ruled that 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 in Central Hudson Gas & Electric Corp. v. Public Service Commission what analysis was required before the government could justify regulating commercial speech.

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, ruling that the government's interest in protecting children from abuse was paramount.

1982: Larson v. Valente

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

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

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

1982: United States v. Lee

In 1982, the U.S. Supreme Court case United States v. Lee stated that while courts are sensitive to the Free Exercise Clause, individuals entering commercial activity cannot impose their religious limits on statutory schemes binding on others.

1984: Republican National Convention Flag Burning

In 1984, during the Republican National Convention in Dallas, Texas, Gregory Lee Johnson burned an American flag in protest, leading to his arrest and conviction under a Texas law. This event later became the center of the Supreme Court case Texas v. Johnson in 1989.

1984: Roberts v. United States Jaycees

In 1984, the Supreme Court case Roberts v. United States Jaycees affirmed that the right to associate with others in pursuit of various ends is implicit in the First Amendment. However, associations may not exclude people for reasons unrelated to the group's expression, such as gender.

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 metaphor, not an accurate description. The Constitution mandates accommodation of all religions and forbids hostility toward any.

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: Estate of Thornton v. Caldor, Inc.

In 1985, the Supreme Court in Estate of Thornton v. Caldor, Inc. echoed Judge Learned Hand's statement from 1953, affirming that the First Amendment does not grant individuals the right to demand others conform to their religious necessities.

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

In 1985, the Supreme Court ruled in Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. that 'actual malice' need not be shown in defamation cases involving private individuals, especially when the speech does not involve matters of public concern.

1986: Bethel School District v. Fraser

In 1986, the Court ruled in Bethel School District v. Fraser that a student could be punished for his sexual-innuendo-laced speech before a school assembly, placing a limitation on the Tinker ruling of 1969.

1986: Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico

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

1987: Meese v. Keene

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

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1987: Arkansas Writers' Project v. Ragland

In 1987, the Supreme Court invalidated an Arkansas law in Arkansas Writers' Project v. Ragland that exempted "religious, professional, trade and sports journals" from taxation, deeming it a regulation of newspaper content.

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

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

1988: Hazelwood v. Kuhlmeier

In 1988, the Court found in Hazelwood v. Kuhlmeier that schools need not tolerate student speech that is inconsistent with their basic educational mission, further limiting the Tinker ruling of 1969.

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

In 1988, the Supreme Court made two key First Amendment rulings. In Philadelphia Newspapers v. Hepps, the Court addressed defamation standards for private individuals. Additionally, in Hustler Magazine v. Falwell, the Court extended the "actual malice" standard to intentional infliction of emotional distress, protecting parody, like a fake advertisement in Hustler about Jerry Falwell.

1989: Texas v. Johnson

In 1989, the Supreme Court decided Texas v. Johnson, concerning Gregory Lee Johnson's flag burning at the 1984 Republican National Convention. The Court overturned his conviction for violating a Texas law, ruling that government cannot prohibit expression simply because it's offensive. Following this, Congress passed a federal law against flag burning, but the Supreme Court struck it down in 1990.

1990: Austin v. Michigan Chamber of Commerce Overruled

In 1990, Austin v. Michigan Chamber of Commerce had upheld a state law that prohibited corporations from using treasury funds to support or oppose candidates in elections. In 2010, this decision was overruled by Citizens United v. Federal Election Commission.

1990: United States v. Eichman

In 1990, following the Supreme Court's decision in Texas v. Johnson, Congress passed a federal law prohibiting flag burning. However, the Supreme Court struck down the law in United States v. Eichman, reinforcing the protection of expressive conduct under the First Amendment.

1990: Employment Division v. Smith

In 1990, the Supreme Court decision in Employment Division v. Smith established that laws targeting religious observers for "special disabilities" based on their "religious status" must be covered by the application of strict scrutiny.

1990: Osborne v. Ohio

In 1990, the Supreme Court reaffirmed in Osborne v. Ohio that child pornography is not subject to the Miller test, reinforcing the government's priority in protecting children from abuse.

1990: Milkovich v. Lorain Journal Co.

In 1990, the Supreme Court ruled in Milkovich v. Lorain Journal Co. that the First Amendment does not provide blanket protection for statements labeled as "opinion" in defamation cases. A statement must be demonstrably false to be the subject of a libel suit.

1991: Leathers v. Medlock

In 1991, in the case Leathers v. Medlock, the Supreme Court found that states may treat different types of media differently, such as by taxing cable television but not newspapers, as long as the taxation doesn't suppress particular ideas.

1991: Simon & Schuster v. Crime Victims Board

In 1991, the Supreme Court struck down New York's Son of Sam law in Simon & Schuster v. Crime Victims Board, finding it a violation of the First Amendment. The law mandated that profits from a criminal's memoirs be held in escrow to compensate victims.

1993: Justice John Paul Stevens Comments

In 1993, U.S. Supreme Court Justice John Paul Stevens commented on the phraseology of the First Amendment, focusing on the word 'the' in 'the freedom of speech', suggesting it implies a previously identified category 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 in Church of the Lukumi Babalu Aye, Inc. v. Hialeah, referencing Employment Division v. Smith (1990), stated 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 Hialeah had passed an ordinance banning ritual slaughter, a practice central to the Santería religion, while providing exceptions for some practices. The Court ruled that because the ordinance was not "generally applicable", it needed to have a compelling interest, which it failed to have, and so was declared unconstitutional.

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

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

1995: McIntyre v. Ohio Elections Commission

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

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

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

1996: Child Pornography Prevention Act

In 1996, the Child Pornography Prevention Act was enacted but was later invalidated in part by the Supreme Court in Ashcroft v. Free Speech Coalition (2002).

1996: 44 Liquormart, Inc. v. Rhode Island

In 1996, the Court invalidated a Rhode Island law prohibiting the publication of liquor prices in 44 Liquormart, Inc. v. Rhode Island, restricting the lax interpretation of Central Hudson adopted by Posadas.

1997: Agostini v. Felton

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

1997: City of Boerne v. Flores

In 1997, the Supreme 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.

1999: Taucher v. Born

In 1999, the United States District Court for the District of Columbia ruled in Taucher v. Born that the Commodity Futures Trading Commission could not force internet publishers and software developers to be licensed before they published, extending First Amendment protections to the internet.

2000: Near-Total Tolerance of Pornography

Around 2000, there was a near-total tolerance of pornography in the United States, which reflects a significant change in societal and legal attitudes since 1900.

2000: Boy Scouts of America v. Dale

In 2000, the Supreme Court case Boy Scouts of America v. Dale ruled 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 was enacted, imposing new restrictions on campaign finance and forming the center of the McConnell v. Federal Election Commission case.

2002: Ashcroft v. Free Speech Coalition

In 2002, the Supreme Court case Ashcroft v. Free Speech Coalition invalidated the Child Pornography Prevention Act of 1996, protecting simulated child pornography that does not depict an actual child under the First Amendment.

2003: PROTECT Act

In 2003, the PROTECT Act was enacted, which was later upheld by the Supreme Court in United States v. Williams (2008).

2003: McConnell v. Federal Election Commission

In 2003, the Supreme Court scrutinized campaign finance regulation in McConnell v. Federal Election Commission, upholding the Bipartisan Campaign Reform Act's (BCRA) restrictions on soft money but striking down the choice of expenditure rule. The Court also ruled against preventing minors from making political contributions.

2004: Locke v. Davey

In 2004, the Court stated in Locke v. Davey that denying funding for vocational religious instruction alone is not inherently constitutionally suspect and that a state has a "substantial state interest" in denying funding a scholarship when it was going to be used for education in theology, especially if that state's constitution forbids state aid to religious institutions.

2005: McCreary County v. ACLU

In 2005, the Court considered the issue of religious monuments on federal lands in McCreary County v. ACLU without reaching a majority reasoning on the subject.

2005: Van Orden v. Perry

In 2005, the Court considered the issue of religious monuments on federal lands in Van Orden v. Perry without reaching a majority reasoning on the subject.

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: Gonzales v. UDV

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

2006: Flag Desecration Amendment Fails in Senate

In 2006, a proposed Flag Desecration Amendment to the U.S. Constitution failed to pass the Senate by a single vote. This amendment, repeatedly proposed in Congress since 1989, aimed to allow the prohibition of flag burning, but it did not secure the necessary support for passage.

2007: Morse v. Frederick

In 2007, the Court ruled in Morse v. Frederick that schools could restrict student speech at school-sponsored events, even events away from school grounds, if students promote "illegal drug use", further limiting the Tinker ruling of 1969.

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

In 2007, the Supreme 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 before a primary or general election.

2008: Davis v. Federal Election Commission

In 2008, the Supreme Court declared the "Millionaire's Amendment" provisions of the BCRA unconstitutional in Davis v. Federal Election Commission, stating that easing restrictions for opponents of self-financing candidates violated the self-financing candidate's freedom of speech.

2008: United States v. Williams

In 2008, the Supreme Court upheld the PROTECT Act of 2003 in United States v. Williams, ruling that prohibiting offers or requests for child pornography does not violate the First Amendment, even without possession of such materials.

2010: Citizens United v. Federal Election Commission

In 2010, in Citizens United v. Federal Election Commission, the Supreme Court ruled that BCRA restrictions on electoral advocacy by corporations or unions were unconstitutional, stating that political spending is a form of protected speech.

2010: Salazar v. Buono

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

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.

2011: Arizona Free Enterprise Club's Freedom Club PAC v. Bennett

In 2011, the Supreme Court struck down Arizona's Clean Elections Act in Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, declaring matching funds schemes that sought to level the playing field unconstitutional.

2011: H. Walker Royall Defamation Lawsuit

In 2011, the Texas Fifth Court of Appeals ruled against real estate developer H. Walker Royall in his defamation lawsuit against investigative journalist Carla Main for her book, Bulldozed: "Kelo," Eminent Domain, and the American Lust for Land. The court reaffirmed that criticism of public projects is protected by the First Amendment.

Bulldozed:'Kelo,' Eminent Domain and the American Lust for Land

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2012: United States v. Alvarez

In 2012, the Supreme Court ruled in United States v. Alvarez that the Stolen Valor Act, which criminalized falsely claiming entitlement to military awards, violated the First Amendment. The Court held that the government cannot punish false claims about military service or honors unless the claims are made to obtain money or other valuable considerations.

2014: Edwards v. District of Columbia

In 2014, the D.C. Circuit invalidated Washington, D.C.'s licensing scheme for tour guides under the First Amendment in Edwards v. District of Columbia.

2014: Burwell v. Hobby Lobby Stores, Inc.

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

2014: McCutcheon v. Federal Election Commission

In 2014, the Supreme Court ruled in McCutcheon v. Federal Election Commission that federal aggregate limits on donations to candidates, political parties, and PACs violated the First Amendment.

2014: University of Chicago Releases "Chicago Statement"

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

2017: Matal v. Tam Plurality Opinion

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

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

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

2017: Matal v. Tam

In 2017, the Supreme Court decided Matal v. Tam, noting that the First Amendment protects speech, even if it expresses offensive ideas. The Court ruled the government cannot ban expression simply because it is offensive.

2017: Packingham v. North Carolina

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

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 they are not a member violates the First Amendment. This decision also overruled Abood v. Detroit Board of Education from 1977.

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 about free or low-cost abortions violated the centers' right to free speech. The Court found that the law compelled speech in violation of the First Amendment.

2019: Status of Pornography Regulation

As of 2019, pornography, except for child pornography, is in practice free of governmental restrictions in the United States, though pornography about "extreme" sexual practices is occasionally prosecuted.

2020: Espinoza v. Montana Department of Revenue

In 2020, the Court ruled in Espinoza v. Montana Department of Revenue that the Free Exercise Clause forbids a state from prohibiting use of a state school choice program at a religious school solely because of the school's religious status or identity.

2020: Otto v. City of Boca Raton

In 2020, the Eleventh Circuit invalidated a municipal prohibition on conversion therapy for minors under the First Amendment in Otto v. City of Boca Raton.

2020: Billups v. City of Charleston

In 2020, the Fourth Circuit invalidated Charleston, S.C.'s licensing scheme for tour guides under the First Amendment in Billups v. City of Charleston.

2020: Pac. Coast Horseshoeing Sch., Inc. v. Kirchmeyer

In 2020, the Ninth Circuit invalidated California regulation of vocational schools under the First Amendment in Pac. Coast Horseshoeing Sch., Inc. v. Kirchmeyer.

2020: Tanzin v. Tanvir

In 2020, the Supreme Court decided Tanzin v. Tanvir, stating the Religious Freedom Restoration Act allows litigants to obtain money damages against federal officials in their individual capacities when appropriate.

2021: Americans for Prosperity Foundation v. Bonta

In 2021, the Supreme Court ruled in Americans for Prosperity Foundation v. Bonta that California's requirement for nonprofit companies to disclose the identities of 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, the Supreme Court decided in Carson v. Makin that the Free Exercise Clause of the First Amendment prevents a state from barring use of a school choice program at schools because of the religious instruction they provide.