AMENDMENT 1
RELIGION, FREE SPEECH, ETC.
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- Absorption of Amendment I into the Fourteenth Amendment [757]
- "An establishment of religion" [758]
- "No preference" doctrine [758]
- "Wall of separation" doctrine [759]
- Zorach Case [762]
- Permissible monetary aids to religion [763]
- Free exercise of religion; dimensions [764]
- Parochial schools [765]
- Free exercise of religion; federal restraints [765]
- Free exercise of religion; State and local restraints [766]
- Free exercise of religion; obligations of citizenship [768]
- Freedom of speech and press [769]
- Blackstonian background [769]
- Effect of Amendment I on the common law [769]
- Amendment XIV and Blackstone [771]
- Clear and present danger rule, meaning [772]
- Contrasting operation of the common law rule [772]
- Emergence of the clear and present test [773]
- Gitlow and Whitney Cases [775]
- Acceptance of the clear and present danger test [777]
- Police power and clear and present danger [777]
- Public order [777]
- Public morals [779]
- Picketing and clear and present danger [781]
- Contempt of court and clear and present danger [783]
- Freedom of speech and press in public parks and streets [784]
- Censorship [786]
- Clear and present danger test: judicial diversities [788]
- Taxation [792]
- Federal restraints on freedom of speech and press [792]
- Regulations of Business and Labor Activities [792]
- Regulation of political activities of federal employees [793]
- Legislative protection of the armed forces and the war power [794]
- Loyalty regulations: The Douds Case [794]
- The Case of the Eleven Communists [795]
- Subversive organizations [801]
- Recent state legislation [801]
- Loyalty tests [801]
- Group libel [802]
- Censorship of the mails [804]
- Rights of assembly and petition [805]
- Restraints on the right of petition [806]
- The Cruikshank Case [807]
- Hague v. C.I.O. [808]
- Recent cases [809]
- Lobbying and the right of petition [810]
RELIGION, FREE SPEECH, ETC.
Amendment 1
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 people peaceably to assemble, and to petition the Government for a redress of grievances.
Absorption of Amendment I Into the Fourteenth Amendment
Eventually the long sought protection for certain substantive personal rights was obtained by identifying them with the "liberty" which States cannot take away without due process of law. The shift in the Court's point of view was made known quite casually in Gitlow v. New York,[1] where, although affirming a conviction for violation of a State statute prohibiting the advocacy of criminal anarchy, it declared that: "For present purposes we may and do assume that freedom of speech and of the press—which are protected by the First Amendment from abridgment by Congress—are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States."[2] This dictum became, two years later, accepted doctrine when the Court invalidated a State law on the ground that it abridged freedom of speech contrary to the due process clause of Amendment XIV.[3] Subsequent decisions have brought the other rights safeguarded by the First Amendment, freedom of religion,[4] freedom of the press,[5] and the right of peaceable assembly,[6] within the protection of the Fourteenth. In consequence of this development the cases dealing with the safeguarding of these rights against infringement by the States are included in the ensuing discussion of the First Amendment.