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

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.

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.

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.

Americans are divided over Christian prayer in public schools

A 2024 Pew survey found that over half (52%) of US adults favor allowing teachers in the public school system to lead their classes in prayers that mention Jesus, though results vary widely by state.

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.

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.

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.

Tinker v. Des Moines affirmed that students maintain the right to free speech at school

In 1969, the Supreme Court ruled that two Iowa teenagers had the right to wear black armbands to school in protest of the Vietnam War, establishing that students retain First Amendment protections in public schools.

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 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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

Pregnant teachers were once banned from public school classrooms after their first trimester, with school boards believing that they were bad influences on students.

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'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.

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.

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.

In 1978, lower courts ruled that neo-Nazis had the right to march through Skokie, Illinois

Skokie was home to a large community of Holocaust survivors, making the planned march an extreme test of First Amendment principles. The courts ultimately ruled that even deeply offensive speech remains protected by the Constitution.

School choice allows families to use public funds for private education

Some private school advocates support school choice, a broad policy that provides families with public money (sometimes called “vouchers”) to spend on private education, including religiously affiliated schools.

The Supreme Court has greatly expanded executive power in recent years

In Trump v. United States, the court ruled that a former president enjoys absolute immunity for "official acts" in his constitutional core powers. In Trump v. CASA, Inc., the court limited federal courts' ability to block executive enforcement through nationwide injunctions—decisions that shifted power toward the executive branch.

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.

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.

'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.

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.

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.

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.

No school has lost federal funding because of a Title IX violation

While the law threatens the suspension of federal funds for schools violating the requirements of the law, it has yet to happen. Instead, the Office for Civil Rights has deemed schools working to correct the issues conditionally compliant.

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.

Some opponents of Title IX wanted exemptions for revenue-producing sports

One of the main arguments against Title IX was that it would unfairly punish revenue-generating sports like football and men’s basketball. Senator John Tower (R-TX) proposed exempting those sports from Title IX’s reach. His amendment failed, but the push for a similar modification to the law continued through the decades.

In 1976, segregation was outlawed in private schools

Over two decades after Brown v. Board of Education, Runyon v. McCrary banned the segregation academies, forcing them to admit non-white students or shut down.

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.

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

College football coaches are the highest-paid state employees in a majority of US states.

The government has said Title IX does not protect transgender athletes or apply to athlete pay

In early 2025, President Donald Trump signed an executive order banning transgender women from college athletics, suggesting the move was in line with Title IX compliance. A week later, the Department of Education said Title IX does not require equitable distribution of name, image, and likeness payments to athletes. Both instances reverse former President Joe Biden’s interpretations of the law.

The incredible story of Bishop Sycamore

Bishop Sycamore is facing scrutiny after its ugly loss in a nationally televised football game, but this is not new to many of the people involved.

Some parents have objected to yoga in schools

Yoga has been introduced in some public schools as a form of exercise and emotional regulation. Some parents, however, have objected to its inclusion, arguing that it promotes the Hindu and Buddhist religions. Note that this resource will be paywalled for some readers.

Carlin's 'Seven Words' led to a landmark Supreme Court ruling

The original recording of Carlin's bit aired on a New York radio station in 1973, leading to an FCC complaint. The case went up to the Supreme Court, which ruled that the FCC had the right to penalize broadcasters that aired obscene content during the daytime.

The biggest controversies of the NFL

Some of the biggest controversies in NFL history didn’t just spark debate—they changed the game. From Spygate and Deflategate to concussion research and the league's ambivalent stance on it, these moments led to new rules, safety measures, and major policy shifts. Explore how each scandal shaped the league and its future.

Professional and amateur athletes have used the anthem as an opportunity to protest

Colin Kaepernick’s protests during NFL games weren’t the first instances of athletes using the pregame tradition to make a political statement. This history walks through several similar instances, highlighting several lesser-known instances.

Title IX compliance relies on a three-part test

In 1979, the Office for Civil Rights issued Title IX’s three-part test to evaluate whether schools offer nondiscriminatory athletic opportunities: proportionate participation, program expansion, or meeting women’s interests. The guidelines offer flexibility without quotas and include specific factors for each item.

Learn about the long and contested history of free speech in America

This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.

After public schools were integrated, segregation found a home in private schools

The 1954 Brown v. Board of Education ruling banned segregation in public schools, but it didn’t eliminate the problem: Many white families moved to “segregation academies,” which were private schools founded to skirt the new law