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An English constitutional document that sets outs for certain rights and liberties that the king prohibited.
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"No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever."
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It says that "religion, morality and knowledge being necessary also to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.
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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.”
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Congress passes the Sedition Act, which forbids spoken or printed criticism of the U.S. government, the Constitution or the flag.
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In Schenck v. U.S., U.S. Supreme Court Justice Holmes sets forth his clear-and-present-danger test: “whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has the right to prevent.” Schenck and others had been accused of urging draftees to oppose the draft and “not submit to intimidation.”
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The U.S. Supreme Court upholds California’s criminal-syndicalism law in Whitney v. California. The case involves Charlotte Anita Whitney, a member of the Socialist Party and former member of the Communist Labor Party. Justice Louis Brandeis writes in his concurring opinion a passage that becomes a fundamental First Amendment principle.
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The U.S. Supreme Court allows the NAACP of Alabama to withhold its membership list from Alabama lawmakers. In NAACP v. Alabama, the Court states that the demand by Alabama officials for the NAACP to provide them a membership list violates members’ associational rights.
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The U.S. Supreme Court rules that a state-composed, non-denominational prayer violates the the Establishment Clause of the First Amendment. In Engel v. Vitale, the Court states that such a prayer represents government sponsorship of religion.
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In Sherbert v. Verner, 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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In Elfbrandt v. Russell, 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 rejects a First Amendment-based challenge to a government program that called for mandatory assessments from beef producers to fund generic advertising. The Court in Johanns v. Livestock Marketing Association said the program constituted government speech and, thus, was immune from First Amendment scrutiny.