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Virginia Bill of Rights
Virginia’s House of Burgesses passes the Virginia Declaration of Rights. The Virginia Declaration is the first bill of rights to be included in a state constitution in America. -
Virginia Legislature
The Virginia legislature adopts the Ordinance of Religious Freedom, which effectively disestablished the Anglican Church as the official church and prohibited harassment based on religious differences. -
Sedition Act Expires
Congress lets the Sedition Act of 1798 expire, and President Thomas Jefferson pardons all person convicted under the Act. The act had punished those who uttered or published “false, scandalous, and malicious” writings against the government. -
14th Amendment to the Constitution Ratified
The 14th Amendment to the Constitution is ratified. The amendment, in part, requires that no state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” -
Patterson vs. Colorado
In Patterson v. Colorado — its first free-press case — the U.S. Supreme Court determines it does not have jurisdiction to review the “contempt” conviction of U.S. senator and Denver newspaper publisher Thomas Patterson for articles and a cartoon that criticized the state supreme court. The Court writes that “what constitutes contempt, as well as the time during which it may be committed, is a matter of local law.” -
Cantwell vs. Connecticut
In Cantwell v. Connecticut, the U.S. Supreme Court holds for the first time that the due-process clause of the Fourteenth Amendment makes the free-exercise clause of the First Amendment applicable to states. -
West Virginia State Board of Education vs. Barnette
In West Virginia State Board of Education v. Barnette, the U.S. Supreme Court rules that a West Virginia requirement to salute the flag violates the free-speech clause of the First Amendment. -
Everson vs. Board of Education
In Everson v. Board of Education, the U.S. Supreme Court upholds a New Jersey program that reimburses parents for money spent transporting their children to parochial schools. Justice Hugo Black writes: “In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between Church and State.’” -
Dennis vs. United States
In Dennis v. United States, 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. -
Keyishian vs Board of Regents
The U.S. Supreme Court invalidates a New York law prohibiting the employment of public school and university teachers who belonged or had belonged to “subversive” groups such as the Communist Party. The Court in Keyishian v. Board of Regents emphasizes the importance of academic freedom, writing: “Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned.” -
Cohen vs. California
In Cohen v. California, the U.S. Supreme Court reverses the breach-of-peace conviction of an individual who wore a jacket with the words “F— the Draft” into a courthouse. The Court concludes that offensive and profane speech are protected by the First Amendment. -
U.S. Supreme Court Rejects Constitutional Challenges
The U.S. Supreme Court rejects constitutional challenges (including one based on the First Amendment) to the Copyright Term Extension Act, which extended the copyright protection term by 20 years. The Court reasoned in Eldred v. Ashcroft that copyright law already has built-in First Amendment protections in the fair-use doctrine and the expression-idea dichotomy principle (providing that copyright protects expressions, not ideas).
