Reynolds v. United States (1878) established that religious belief is not a defense for a crime

Employment Division v. Smith (1990) reaffirmed the Reynolds decision that the law applies to everyone, regardless of faith

The Supreme Court ruled that the government does not have to grant religious exemptions from laws that apply to everyone. The case involved Native American church members fired for using peyote in a religious ceremony.

Read the language in the Constitution that protects religious freedom in the US

The First Amendment's religion clauses include two provisions: the establishment clause and the free exercise clause. These two parts prevent the government from endorsing any specific religion and from interfering with the free practice of religion.

Hear how the 2 religious clauses in the First Amendment have been tested and evolved over time

This podcast examines the evolution of the free exercise and establishment clauses, tracing their development from federal restrictions to state and local laws. Discover the believers who challenged the limits of religious freedom throughout American history.

The Religious Freedom Restoration Act of 1993 restricted the government's ability to limit religious practice

Congress enacted RFRA in response to the Supreme Court's decision in Employment Division v. Smith. The law requires the government to use the least restrictive means before substantially burdening an individual's religious exercise.

Madison argued that the government had no authority to regulate faith

James Madison viewed religion as a matter of individual conscience beyond the reach of the state, opposing government funding of churches and advancing a model of religious liberty based on noninterference rather than official toleration.

Maryland required officeholders to declare a belief in God until 1961

In Torcaso v. Watkins (1961), the Supreme Court unanimously ruled that a Maryland requirement that officeholders declare belief in God violated the First and 14th Amendments. The decision struck down religious tests for public office across all states.

The First Amendment established religious freedom as a constitutional right—a safeguard no other nation had before

Europe had limited religious tolerance for centuries, but always as a privilege granted by rulers who could revoke it. The First Amendment in the United States was unique for the time: It banned the government from interfering with religion, making religious freedom a permanent constitutional limit on state power.

The words 'separation of church and state' are not found in the Constitution

Responding to Connecticut Baptists concerned about religious liberty, Jefferson described the First Amendment as building "a wall of separation between church and state." The Supreme Court later cited the letter as an authoritative guide to the Establishment Clause.

Thomas Jefferson wrote the Virginia Statute for Religious Freedom in 1786, which directly influenced the US Constitution

Drafted by Jefferson, the statute guaranteed freedom of worship to people of all faiths. Jefferson considered it one of his greatest achievements, and it served as the direct model for the First Amendment's religion clauses.

Native religious practices were suppressed for centuries before receiving federal protection in 1978

During the first two centuries of American history, the government frequently banned Native ceremonial dances, took sacred sites, and enrolled children in boarding schools where they were prevented from practicing their faith. The American Indian Religious Freedom Act of 1978 committed the federal government to safeguarding Native spiritual practices.

Burwell v. Hobby Lobby Stores (2014) extended religious exemptions to family-owned corporations

The Supreme Court ruled 5-4 that family-owned companies could invoke the Religious Freedom Restoration Act to refuse contraception coverage required under the Affordable Care Act. It was the first time the court recognized that for-profit corporations could hold religious beliefs.

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

The Supreme Court decided that a public school coach's postgame prayers were protected speech

The Supreme Court ruled 6-3 in favor of a high school football coach who had been suspended for kneeling in prayer at midfield after games. The decision shifted away from the Lemon test and toward a more expansive view of religious freedom in the Establishment Clause.

Lemon v. Kurtzman (1971) created a 3-part test for church-state entanglement

In this case, the Supreme Court established a three-part test—requiring a secular purpose, no advancement of religion, and avoidance of excessive entanglement—for laws concerning the Establishment Clause. The test was later effectively sidelined in recent rulings.

The Supreme Court ruled that burning the American flag is protected speech

In Texas v. Johnson (1989), the court held, 5-4, that flag burning is a form of symbolic political expression protected by the First Amendment—one of the most controversial free-speech rulings in American history.

Snyder v. Phelps found that the First Amendment protects speech, even if it is deeply hurtful or inflammatory

When some members of the Westboro Baptist Church, carrying inflammatory signs, picketed the funeral of a fallen Marine, his father sued but lost. The Supreme Court ruled 8-1 that the protest addressed matters of public concern and was protected by the First Amendment.

Mahmoud v. Taylor (2025) broadened parents' rights regarding what their children learn in public schools

The case, brought by parents in Maryland, focused on religious objections to books with same-sex and transgender characters in elementary classrooms. The court ruled that the district's denial of parents' opt-out requests violated the free exercise clause of the First Amendment.

An 1873 Supreme Court case about slaughterhouses weakened parts of the 14th Amendment

In 1873, the Supreme Court's Slaughterhouse Cases ruled that the 14th Amendment's "privileges or immunities" clause protected only federal—not state—citizenship rights, greatly limiting the amendment's power to safeguard enslaved people from state discrimination.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

Gibbons v. Ogden expanded federal power over interstate commerce

In 1824, the Supreme Court unanimously invalidated a New York steamboat monopoly, ruling that navigation between states constitutes interstate commerce. Chief Justice John Marshall held that Congress has authority over such commerce and that conflicting state laws are void under the supremacy clause.

Every single American state constitution references God or the divine, though the federal Constitution does not.

The First Amendment protects 5 distinct freedoms

Most Americans cite the amendment on free speech, but the First Amendment also protects religion, the press, peaceful assembly, and the right to petition the government—five separate guarantees in a single sentence.

A 1972 Supreme Court decision about Amish children and education helped pave the way for homeschooling in the US.

'Pastafarians' have used their pasta-strainer-wearing faith to test the legal limits of what counts as religion

Founded in 2005 to mock the teaching of creationism in public schools, the Church of the Flying Spaghetti Monster has led to real First Amendment cases—over driver's license photos, courthouse statues, and prison rights. Courts have generally ruled it as satire rather than religion.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

Read the majority opinion that established judicial review

In his opinion in Marbury v. Madison, Chief Justice John Marshall argued that a written constitution is "paramount law" and that courts must refuse to enforce statutes that conflict with it. He declared that "it is emphatically the province and duty of the Judicial Department to say what the law is."

Citizens United extended First Amendment protections to corporate political spending

The Supreme Court's 2010 decision struck down limits on independent political expenditures by corporations and other organizations, ruling that such spending is protected speech—a decision that was deeply contested and reshaped campaign finance law.

Roger Williams founded the first American colony without an established church

Banished from Massachusetts in 1636 for preaching religious dissent, Williams founded Providence, Rhode Island—one of the earliest governments in the Western world to guarantee broad religious liberty. His phrase "wall of separation" between church and state directly influenced Jefferson and the Constitution's framers.

A 1954 Supreme Court ruling helped quiz shows avoid regulation

When the Federal Communications Committee attempted to rein in giveaway shows, the Supreme Court ruled that quiz shows were not a form of gambling because contestants did not have to risk anything to participate. Some believe that the ruling prevented proper oversight of the industry as it became more popular.

In a letter, George Washington assured a Jewish congregation that the new government gives 'to bigotry no sanction'

In 1790, President Washington visited Newport's Touro Synagogue and received a welcoming letter from its warden. Washington's reply—considered his clearest statement on religious tolerance—assured the congregation that under the new government, religious freedom would be protected as a fundamental right.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

The supremacy clause establishes federal law as the highest authority

The supremacy clause states that the United States Constitution and federal laws enacted under it supersede conflicting state laws, ensuring national authority prevails when federal and state governments disagree.

Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

A Ku Klux Klan leader's conviction for a threatening speech prompted the Supreme Court in 1969 to rule that speech is punishable as incitement only if it is directed at—and likely to produce—imminent lawless action.

McCulloch v. Maryland upheld implied powers and blocked states from taxing the federal government

In 1819, McCulloch v. Maryland confirmed that Congress may use implied powers under the necessary and proper clause and ruled that states cannot tax federal institutions, reaffirming the supremacy of the federal government within its constitutionally delegated powers.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

Most Americans support the separation of church and state

A 2021 Pew survey found that 55% of Americans strongly or moderately support the separation of church and state, while 14% favor integrating religion more into government.

Many early colonists came to America to escape religious persecution in Europe

Fleeing state-sponsored religious oppression in England and Europe, many early colonists sought freedom of conscience in the New World. Many—especially in New England—established their own religiously exclusive communities: They persecuted dissenters, expelled nonconformists, and enforced orthodoxy.

The Dred Scott decision denied African Americans citizenship, upheld slavery, and marked the first use of judicial review since Marbury v. Madison

This page explores the case, providing information on Dred Scott and his case before the Supreme Court. Explore the implications of one of the most critical cases in the history of the court.

Religion dominated many aspects of Colonial life and was enforced by the government

Eight of the 13 British Colonies in America had official, established churches, and laws mandated that everyone attend a house of worship and pay taxes that funded ministers' salaries.

The Fifth Amendment covers a wide range of legal protections for those accused of a crime

While it is widely known for the right against self-incrimination, the Fifth Amendment also protects against being charged for the same crime twice, requires grand jury indictments for serious crimes, and mandates compensation when the government takes private property for public use.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

A 1922 Oregon initiative that sought to ban private education inadvertently strengthened parents' ability to pursue options outside the public school system, building the legal case for homeschooling.

Plessy v. Ferguson legalized segregation until Brown v. Board of Education overturned it

In 1896, the Supreme Court upheld racial segregation under the "separate but equal" doctrine, enabling decades of discrimination. This explainer traces how Brown later ruled school segregation unconstitutional and reshaped civil rights law.

Watch 2 Supreme Court justices debate how the Constitution should be interpreted

In a 2009 conversation, former Justices Antonin Scalia and Stephen G. Breyer lay out competing approaches to constitutional interpretation: Scalia's textualist, strict constructionism versus Breyer's evolutionary view of the Constitution in practice.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

A Gilded Age moral crusader convinced Congress to pass a law banning 'obscene, lewd or lascivious' materials from the mail that's central to today's debate over abortion pills.

Roe v. Wade recognized a constitutional right to abortion until Dobbs v. Jackson Women's Health Organization overturned it

For decades, the Supreme Court shaped abortion access through constitutional rulings, from Roe's recognition of a right to abortion to Dobbs' returning regulatory power to the states. This explainer tracks key cases, impacts, and current justices' views.

France has a strict and explicit separation of church and state

France's principle of laïcité—strict separation of church and state—prohibits religious expression in public institutions, including the wearing of religious clothing and symbols in public schools and by government employees.

The Supreme Court curbed the EPA's power to regulate carbon emissions in 2022

In West Virginia v. EPA, the Supreme Court ruled 6-3 that the EPA exceeded its authority by requiring industrywide carbon cuts. Chief Justice Roberts' opinion invoked the "major questions" doctrine, which limits the ability of federal agencies to act without explicit congressional approval.

The Supreme Court extended the ban on discriminatory jury strikes to include gender in 1994

In J.E.B. v. Alabama, the court ruled 6-3 that using peremptory challenges to exclude jurors based on sex violates the Equal Protection Clause, building on its 1986 Batson decision banning race-based strikes.