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It provides the philosophical basis for George Mason’s proposed Article Sixteen of the Virginia Declaration of Rights of 1776, which deals with religion. Mason’s proposal provides that “all Men should enjoy the fullest toleration in the exercise of religion.”
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New York publisher John Peter Zenger is tried for libel after publishing criticism of the Royal Governor of New York. Zenger is defended by Andrew Hamilton and acquitted. His trial establishes the principle that truth is a defense to libel and that a jury may determine whether a publication is defamatory or seditious.
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The State of Virginia jails 50 Baptist worshipers for preaching the Gospel contrary to the Anglican Book of Common Prayer.
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The U.S. House of Representatives adopts gag rules preventing discussion of antislavery proposals. The House repeals the rules in 1844.
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Congress passes the Espionage Act, making it a crime “to willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States,” or to “willfully obstruct the recruiting or enlistment service of the United States.”
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School-teacher John Thomas Scopes is found guilty of violating a Tennessee law which prohibits teaching the theory of evolution in public schools. The case pits famed orator William Jennings Bryan against defense attorney Clarence Darrow.
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The U.S. Supreme Court reverses the state court conviction of Yetta Stromberg, 19-year-old female member of the Young Communist League, who violated a state law prohibiting the display of a red flag as “an emblem of opposition to the United States government.” Legal commentators cite this case as the first in which the Court recognizes that protected speech may be nonverbal, or a form of symbolic expression.
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The U.S. Supreme Court upholds the convictions of 12 Communist Party members convicted under the Smith Act of 1940. The Court finds that the Smith Act, a measure banning speech which advocates the violent overthrow of the federal government, does not violate the First Amendment.
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The U.S. Supreme Court rules that South Carolina officials violated the free-exercise rights of Seventh-day Adventist Adele Sherbert when they denied her unemployment-compensation benefits because she refused to work on Saturday, her Sabbath day.
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The U.S. Supreme Court strikes down the practices of requiring daily Bible readings in public schools in the companion cases Abington School District v. Schempp and Murray v. Curlett. “They are religious exercises, required by the States in violation of the command of the First Amendment that the Government maintain strict neutrality, neither aiding nor opposing religion,” Justice Tom Clark writes for the Court.
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the U.S. Supreme Court invalidates an Arizona statute requiring the dismissal of any state employee who knowingly becomes a member of the Communist Party or any party whose intentions include overthrowing the government.
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The U.S. Supreme Court invalidates a state law requiring newspapers to give free reply space to political candidates the newspapers criticize. The Court rules that the right of newspaper editors to choose what they wish to print or not to print cannot be infringed to allow public access to the print media.