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The Massachusetts General Court formally adopts the first broad statement of American liberties, the Massachusetts Body of Liberties. The document includes a right to petition and a statement about due process.
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The new Charter of Rhode Island grants religious freedom.
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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.
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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.”
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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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Roger Baldwin and others start up a new organization dedicated to preserving civil liberties called the American Civil Liberties Union (ACLU).
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In DeJonge v. Oregon, the U.S. Supreme Court reverses the conviction of an individual under a state criminal syndicalism law for participation in a Communist party political meeting. The Court writes that “peaceable assembly for lawful discussion cannot be made a crime. The holding of meetings for peaceable political action cannot be proscribed.”
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In Thornhill v. Alabama, the U.S. Supreme Court strikes down an Alabama law prohibiting loitering and picketing “without a just cause or legal excuse” near businesses. The Court writes: “The freedom of speech and of the press guaranteed by the Constitution embraces at the least the liberty to discuss publicly and truthfully all matters of public concern without previous restraint or fear of subsequent punishment.”
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In Burstyn v. Wilson, the U.S. Supreme Court, for the first time, finds that motion pictures are included within the free-speech and free-press guaranty of the First Amendment. The Court finds a New York statute that permits the banning of motion pictures on the ground that they are “sacrilegious” to be unconstitutional after the New York State Board of Regents rescinds the license of the distributor of the film “The Miracle” to show the film in the state.
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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 Snyder v. Phelps, the U.S. Supreme Court rules that the Westboro Baptist Church’s protest at the funeral of slain Marine Matthew Snyder was protected by the First Amendment. The Court holds that the protesters were on public property and engaged in peaceful speech on matters of public concern.
