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

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.

The International Religious Freedom Act of 1998 made religious liberty a formal US foreign policy priority

Congress enacted the International Religious Freedom Act to make promoting religious freedom abroad a stated goal of US foreign policy. The law established an ambassador-at-large for international religious freedom and mandated that the State Department report annually on the status of religious freedom.

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

In the first major Supreme Court case on the free exercise clause, the court ruled that the government cannot regulate religious belief, but it can regulate religious practice if it violates the law. The case arose from a Mormon man convicted of polygamy who argued his faith required it.

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.

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 Civil Rights Act of 1964 outlawed segregation and discrimination nationwide

The Civil Rights Act, signed into law in 1964, prohibited racial segregation in public accommodations and ended discrimination based on race, color, religion, sex, and national origin in employment, while also strengthening protections in education. It established protections enforced across federally funded programs.

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.

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.

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.

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.

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.

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.

The US Commission on International Religious Freedom monitors and reports on religious persecution

USCIRF is an independent, bipartisan federal commission that tracks religious freedom conditions worldwide and provides policy recommendations to the president, secretary of state, and Congress.

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.

The Voting Rights Act reshaped federal protection of voting rights

Signed into law in 1965, the Voting Rights Act aimed to end racial discrimination in voting. This resource traces its creation and explains how later court rulings have weakened its enforcement power over time.

The Civil Rights Act expanded the Department of Justice's enforcement powers

The 1964 bill empowered the DOJ's Civil Rights Division to challenge segregation, protect voting rights, and prosecute discrimination, thereby expanding its role in defending civil rights.

The Bill of Rights was designed to protect individuals from the power of the federal government

When the Bill of Rights was ratified in 1791, its protections applied only to the federal government. It wasn't until the 14th Amendment (1868) and the Supreme Court's doctrine of selective incorporation that most provisions were extended to state governments—a process that began in 1925.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

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 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.

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.

A 1990 law forced museums and federal agencies to return Native remains and sacred objects

The Native American Graves Protection and Repatriation Act required federally funded institutions to inventory and return Native American human remains and sacred items to descendant tribes.

The Voting Rights Act expanded the DOJ's power to enforce voting protections

The Voting Rights Act of 1965 expanded the Department of Justice's power to challenge discriminatory election laws, send federal examiners, and supervise voting changes in areas with histories of voter suppression—although some of these powers have been limited by court rulings since then.

The Bill of Rights spent more than a century largely ignored by the courts

When ratified in 1791, the Bill of Rights applied only to the federal government, which exercised little direct control over daily life. It played a limited role in early constitutional law until the 20th century, when legal advocates began using it to challenge state and local laws.

Courts referee federalism disputes between Congress and the states

Modern federalism is primarily worked out through litigation. The Supreme Court decides disputes in written opinions that explain when federal law preempts state authority, how far Congress's powers extend, and when states may resist.

The Supreme Court blocked states from setting term limits for Congress

In US Term Limits v. Thornton (1995), the Supreme Court struck down state laws that tried to impose term limits on their congressional delegations. The court ruled such restrictions unconstitutional unless added through a federal amendment.

'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.

Thousands of state voting changes have been federally blocked since the Voting Rights Act

Since 1965, federal oversight has blocked thousands of state-level voting changes—including redistricting plans—by requiring approval for measures that could affect minority representation, a process scaled back by the Supreme Court in 2013.

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 National Labor Relations Act gave workers the right to unionize in the US.

Hear an interview with Harvard Law School employee and labor law expert Sharon Block about how the parallel motivations of workers, employers, and government officials led to the creation of the National Labor Relations Act.

Explore the state of religious freedom worldwide with an interactive data visualization.

Section 230 is the law that shaped the modern internet—and free speech online

Passed as part of the Communications Decency Act, Section 230 shields online platforms from legal liability for user-generated content while allowing them to moderate it and host speech freely, making it one of the most debated laws governing free expression today.

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.

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 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.

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.

Radical Reconstruction began in response to the lenient policies of Andrew Johnson

In 1867, Congress passed the Reconstruction Acts—overriding Johnson's vetoes—placing the South under military rule and requiring new state constitutions, Black male suffrage, and ratification of the 14th Amendment before readmission.

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.

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.

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.

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.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

In 2019, Congress passed the Secure Act to reform key aspects of the US tax code

Key Secure Act provisions included raising the age at which mandatory distributions take effect (to increase saving), allowing larger catch-up contributions for older individuals, and allowing employers to directly match contributions in a Roth 401(k).

Ratified in 1868, the 14th Amendment guaranteed citizenship to all people born in the United States and required states to provide equal legal protection to all.

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.

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.

Free speech has often been restricted in wartime, potentially unconstitutionally

From the Sedition Act of 1798 to the prosecution of anti-war activists during World War I, the US government repeatedly curtailed speech and dissent during wartime—actions widely criticized and, in some cases, later deemed unconstitutional.

The Fair Labor Standards Act, a 1938 law guaranteeing time off for full-time employees, led to the modern vacation.