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  1. LII
  2. U.S. Constitution Annotated
  3. Amendment I. Fundamental Freedoms

    First Amendment  Fundamental Freedoms

    • Overview of First Amendment, Fundamental Freedoms
      • Relationship Between the Establishment and Free Exercise Clauses
        • Relationship Between Religion Clauses and Free Speech Clause
          • Religion
            • Overview of the Religion Clauses (Establishment and Free Exercise Clauses)
              • Historical Background
                • Introduction to the Historical Background on the Religion Clauses
                  • England and Religious Freedom
                    • State-Established Religion in the Colonies
                      • Colonial Concepts of Religious Liberty
                        • Virginia's Movement Towards Religious Freedom
                          • Continental Congresses and Religious Freedom
                            • Constitutional Convention, Ratification, and the Bill of Rights
                              • Early Interpretations of the Religion Clauses
                              • Religious Disputes
                                • Overview of Government Resolution of Religious Disputes
                                  • Doctrinal Basis of Government Resolution of Religious Disputes
                                    • Neutral Principles of Law and Government Resolution of Religious Disputes
                                      • Church Leadership and the Ministerial Exception
                                    • Establishment Clause
                                      • General Principle of Government Neutrality to Religion
                                        • Accommodationist and Separationist Theories of the Establishment Clause
                                          • Establishment Clause Tests Generally
                                            • Financial Assistance to Religion
                                              • Overview of Financial Assistance to Religion
                                                • Early Cases on Financial Assistance to Religion
                                                  • Adoption of the Lemon Test
                                                    • Application of the Lemon Test
                                                      • Zelman and Indirect Assistance to Religion
                                                        • Denying Financial Assistance to Religion
                                                        • Non-Financial Assistance to Religion
                                                          • Overview of Non-Financial Assistance to Religion
                                                            • Early Cases on Non-Financial Assistance to Religion
                                                              • Purpose and Effect Test Before Lemon
                                                              • Non-Financial Assistance to Religion and the Lemon Test
                                                                • Lemon's Purpose Prong
                                                                  • Overview of Lemon's Effect Prong
                                                                    • Lemon's Effect Prong and Accommodation of Religion
                                                                      • Lemon's Effect Prong and Pervasively Sectarian Institutions
                                                                        • Lemon's Entanglement Prong
                                                                          • Endorsement Variation on Lemon
                                                                          • Non-Financial Assistance to Religion and Non-Lemon Tests
                                                                            • Abandonment of the Lemon Test
                                                                              • Coercion and Establishment Clause Doctrine
                                                                                • Establishment Clause and Historical Practices and Tradition
                                                                              • Free Exercise Clause
                                                                                • Overview of Free Exercise Clause
                                                                                  • Laws Regulating Religious Belief
                                                                                    • Laws that Discriminate Against Religious Practice
                                                                                      • Laws Neutral to Religious Practice
                                                                                        • Laws Neutral to Religious Practice during the 1940s and 1950s
                                                                                          • Laws Neutral to Religious Practice from the 1960s through the 1980s
                                                                                            • Laws Neutral to Religious Practice and Internal Government Affairs
                                                                                              • Laws Neutral to Religious Practice and Current Doctrine
                                                                                                • Laws Neutral to Religious Practice Regulating Prisons and the Military
                                                                                              • Free Speech Clause
                                                                                                • Historical Background on Free Speech Clause
                                                                                                  • Procedural Matters
                                                                                                    • The Overbreadth Doctrine, Statutory Language, and Free Speech
                                                                                                      • Vagueness, Statutory Language, and Free Speech
                                                                                                        • Prior Restraints on Speech
                                                                                                          • State Action Doctrine and Free Speech
                                                                                                            • Retaliatory Prosecution and Arrest
                                                                                                            • Content-Based and Content-Neutral Regulation of Speech
                                                                                                              • Overview of Content-Based and Content-Neutral Regulation of Speech
                                                                                                                • Development of a Judicial Approach to Content-Based Speech Laws
                                                                                                                  • Laws Making Facial Content-Based Distinctions Regarding Speech
                                                                                                                    • Laws Regulating Speech with a Content-Discriminatory Purpose
                                                                                                                      • Laws Making Speaker-Based Distinctions in Regulating Speech
                                                                                                                        • Content-Based and Compelled Speech
                                                                                                                          • Content-Neutral Laws Burdening Speech
                                                                                                                          • Viewpoint-Based Regulation of Speech
                                                                                                                            • Overview of Viewpoint-Based Regulation of Speech
                                                                                                                              • Viewpoint-Based Distinctions on the Face of a Law
                                                                                                                                • Viewpoint Discrimination in Facially Neutral Laws
                                                                                                                                  • Viewpoint-Based Distinctions Within Proscribable Speech
                                                                                                                                    • Viewpoint Neutrality in Forum Analysis
                                                                                                                                    • Categorical Approach
                                                                                                                                      • Overview of Categorical Approach to Restricting Speech
                                                                                                                                        • Early Doctrine of Incitement
                                                                                                                                          • Incitement Movement from Clear and Present Danger Test
                                                                                                                                            • Incitement Current Doctrine
                                                                                                                                              • Fighting Words
                                                                                                                                                • True Threats
                                                                                                                                                  • Defamation
                                                                                                                                                    • Application of Defamation Cases to Group Libel, Hate Speech
                                                                                                                                                      • False Statements Outside of Defamation
                                                                                                                                                        • Privacy Torts
                                                                                                                                                          • Obscenity
                                                                                                                                                            • Child Pornography
                                                                                                                                                            • Commercial Speech
                                                                                                                                                              • Commercial Speech Early Doctrine
                                                                                                                                                                • Central Hudson Test and Current Doctrine
                                                                                                                                                                • Public Forum Doctrine
                                                                                                                                                                  • The Public Forum
                                                                                                                                                                    • Public and Nonpublic Forums
                                                                                                                                                                      • Quasi-Public Places
                                                                                                                                                                      • Role of Government
                                                                                                                                                                        • Overview of Government Roles
                                                                                                                                                                          • Government Speech and Government as Speaker
                                                                                                                                                                            • Coercive Government Speech
                                                                                                                                                                              • School Free Speech and Government as Educator
                                                                                                                                                                                • Prison Free Speech and Government as Prison Administrator
                                                                                                                                                                                • Public Employee Speech and Government as Employer
                                                                                                                                                                                  • Loyalty Oaths
                                                                                                                                                                                    • Political Activities and Government Employees
                                                                                                                                                                                      • Honoraria and Government Employees
                                                                                                                                                                                        • Pickering Balancing Test for Government Employee Speech
                                                                                                                                                                                        • Regulation of the Media
                                                                                                                                                                                          • Overview of Regulation of the Media
                                                                                                                                                                                            • Taxation and Financial Regulation of Media
                                                                                                                                                                                              • Broadcast Radio and Television
                                                                                                                                                                                                • Cable Television
                                                                                                                                                                                                • Print, Telephone, and the Internet
                                                                                                                                                                                                  • Overview of Print, Telephone, and the Internet
                                                                                                                                                                                                    • Print Media
                                                                                                                                                                                                      • Telephone Communications
                                                                                                                                                                                                        • The Internet
                                                                                                                                                                                                        • Governmentally Required Access and Editorial Discretion
                                                                                                                                                                                                          • Overview of Access and Editorial Discretion
                                                                                                                                                                                                            • Access and Editorial Discretion in Broadcast Media
                                                                                                                                                                                                              • Access and Editorial Discretion in Cable Television
                                                                                                                                                                                                              • Political Speech
                                                                                                                                                                                                                • Overview of Campaign Finance
                                                                                                                                                                                                                  • Campaign Finance Contribution Limits and Source Restrictions
                                                                                                                                                                                                                    • Campaign Finance Expenditure Limits
                                                                                                                                                                                                                      • Campaign Finance Disclosure and Disclaimer Requirements
                                                                                                                                                                                                                        • Lobbying
                                                                                                                                                                                                                          • Legislative Investigations
                                                                                                                                                                                                                          • Compelled Speech
                                                                                                                                                                                                                            • Overview of Compelled Speech
                                                                                                                                                                                                                              • Flag Salutes and Other Compelled Speech
                                                                                                                                                                                                                                • Compelled Subsidization
                                                                                                                                                                                                                                • Unconstitutional Conditions on Speech
                                                                                                                                                                                                                                  • Overview of Unconstitutional Conditions Doctrine
                                                                                                                                                                                                                                    • Conditions of Public Employment
                                                                                                                                                                                                                                      • Conditions on Tax Exemptions
                                                                                                                                                                                                                                        • Conditions on Federal Funding
                                                                                                                                                                                                                                          • Restrictions on Editorializing
                                                                                                                                                                                                                                            • Selective Funding Arrangements
                                                                                                                                                                                                                                              • Government's Message Versus Private Speakers
                                                                                                                                                                                                                                                • Public Entities and Private Access
                                                                                                                                                                                                                                                  • Conditions Exceeding the Scope of the Program
                                                                                                                                                                                                                                                    • Requirements That Can Be Imposed Directly
                                                                                                                                                                                                                                                    • Symbolic Speech
                                                                                                                                                                                                                                                      • Overview of Symbolic Speech
                                                                                                                                                                                                                                                        • Leaflets and Handbills
                                                                                                                                                                                                                                                          • Flags as a Case Study in Symbolic Speech
                                                                                                                                                                                                                                                            • Public Issue Picketing and Parading
                                                                                                                                                                                                                                                              • Labor Union Protests and Marches
                                                                                                                                                                                                                                                                • Solicitation
                                                                                                                                                                                                                                                              • Freedom of Association
                                                                                                                                                                                                                                                                • Overview of Freedom of Association
                                                                                                                                                                                                                                                                  • Intimate Association
                                                                                                                                                                                                                                                                    • Restrictions on Expressive Association
                                                                                                                                                                                                                                                                      • Barriers to Group Advocacy and Legal Action
                                                                                                                                                                                                                                                                        • Election Laws
                                                                                                                                                                                                                                                                          • Denial of Employment or Public Benefits
                                                                                                                                                                                                                                                                            • Conditions of Incarceration
                                                                                                                                                                                                                                                                              • Material Support Bar
                                                                                                                                                                                                                                                                              • Disclosure of Association
                                                                                                                                                                                                                                                                                • Associational Privacy
                                                                                                                                                                                                                                                                                  • Disclosure of Membership Lists
                                                                                                                                                                                                                                                                                    • Character and Fitness and Evidentiary Disclosures
                                                                                                                                                                                                                                                                                      • Legislative Inquiries
                                                                                                                                                                                                                                                                                        • Donor Disclosure Requirements
                                                                                                                                                                                                                                                                                        • Compelled Association
                                                                                                                                                                                                                                                                                          • Union Membership and Fees
                                                                                                                                                                                                                                                                                            • Nondiscrimination and Equal-Access Requirements
                                                                                                                                                                                                                                                                                          • Freedom of the Press
                                                                                                                                                                                                                                                                                            • Overview of Freedom of the Press
                                                                                                                                                                                                                                                                                              • Protection of Confidential Sources
                                                                                                                                                                                                                                                                                                • Access to Government Places and Papers
                                                                                                                                                                                                                                                                                                • Freedoms of Assembly and Petition
                                                                                                                                                                                                                                                                                                  • Historical Background on Freedoms of Assembly and Petition
                                                                                                                                                                                                                                                                                                    • Doctrine on Freedoms of Assembly and Petition

                                                                                                                                                                                                                                                                                                  U.S. Constitution Annotated Toolbox

                                                                                                                                                                                                                                                                                                  • Explanation of the Constitution - from the Congressional Research Service


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