First Amendment - Religion and Expression

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• Religion
  • An Overview
    • Scholarly Commentary
    • Court Tests Applied to Legislation Affecting Religion
    • Government Neutrality in Religious Disputes
  • Establishment of Religion
    • Financial Assistance to Church-Related Institutions
    • Governmental Encouragement of Religion in Public Schools: Released Time
    • Governmental Encouragement of Religion in Public Schools: Prayers and Bible Reading
    • Governmental Encouragement of Religion in Public Schools: Curriculum Restriction
    • Access of Religious Groups to School Property
    • Tax Exemptions of Religious Property
    • Exemption of Religious Organizations from Generally Applicable Laws
    • Sunday Closing Laws
    • Conscientious Objection
    • Regulation of Religious Solicitation
    • Religion in Governmental Observances
    • Religious Displays on Government Property
    • Miscellaneous
  • Free Exercise of Religion
    • The Belief-Conduct Distinction
    • The Mormon Cases
    • The Jehovah’s Witnesses Cases
    • Free Exercise Exemption from General Governmental Requirements
    • Religious Test Oaths
    • Religious Disqualification
• Freedom of Expression—Speech and Press
  • Adoption and Common Law Background
  • Freedom of Expression: The Philosophical Basis
  • Freedom of Expression: Is There a Difference Between Speech and Press?
  • The Doctrine of Prior Restraint
    • Injunctions and the Press in Fair Trial Cases
    • Obscenity and Prior Restraint
  • Subsequent Punishment: Clear and Present Danger and Other Tests
    • Clear and Present Danger
    • The Adoption of Clear and Present Danger
    • Contempt of Court and Clear and Present Danger
    • Clear and Present Danger Revised: Dennis
    • Balancing
    • The “Absolutist” View of the First Amendment, with a Note on “Preferred Position”
    • Of Other Tests and Standards: Vagueness, Overbreadth, Least Restrictive Means, and Others
    • Is There a Present Test?
  • Freedom of Belief
    • Flag Salute Cases
    • Imposition of Consequences for Holding Certain Beliefs
  • Right of Association
    • Political Association
    • Conflict Between Organization and Members
  • Maintenance of National Security and the First Amendment
    • Punishment of Advocacy
    • Compelled Registration of Communist Party
    • Punishment for Membership in an Organization Which Engages in Proscribed Advocacy
    • Disabilities Attaching to Membership in Proscribed Organizations
    • Employment Restrictions and Loyalty Oaths
    • Legislative Investigations and the First Amendment
    • Interference With War Effort
    • Suppression of Communist Propaganda in the Mails
    • Exclusion of Certain Aliens as a First Amendment Problem
  • Particular Government Regulations That Restrict Expression
    • Government as Employer: Political and Other Outside Activities
    • Government as Employer: Free Expression Generally
    • Government as Educator
    • Government as Regulator of the Electoral Process: Elections
    • Government as Regulator of the Electoral Process: Lobbying
    • Government as Regulator of Labor Relations
    • Government as Investigator: Reporter’s Privilege
    • Government and the Conduct of Trials
    • Government as Administrator of Prisons
    • Government and Power of the Purse
  • Governmental Regulation of Communications Industries
    • Commercial Speech
    • Taxation
    • Labor Relations
    • Antitrust Laws
    • Radio and Television
    • Governmentally Compelled Right of Reply to Newspapers
    • Regulation of Cable Television
  • Government Restraint of Content of Expression
    • Seditious Speech and Seditious Libel
    • Fighting Words and Other Threats to the Peace
    • Threats of Violence Against Individuals
    • Group Libel, Hate Speech
    • Defamation
    • Invasion of Privacy
    • Emotional Distress Tort Actions
    • “Right of Publicity” Tort Actions
    • Publication of Legally Confidential Information
    • Obscenity
    • Child Pornography
    • Nonobscene But Sexually Explicit and Indecent Expression
  • Speech Plus—The Constitutional Law of Leafleting, Picketing, and Demonstrating
    • The Public Forum
    • Quasi-Public Places
    • Picketing and Boycotts by Labor Unions
    • Public Issue Picketing and Parading
    • Leafleting, Handbilling, and the Like
    • Sound Trucks, Noise
    • Door-to-Door Solicitation
    • The Problem of “Symbolic Speech”
• Rights of Assembly and Petition
  • Background and Development
    • The Cruikshank Case
    • The Hague Case

Last modified: January 13, 2006