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

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.

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 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.

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

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.

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.

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.

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

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.

Hear from both sides of the attempt to ban books across the country, which spiked by more than 1,100% between 2020 and 2022

During that period, more than 2,500 titles were challenged across 37 states, with activists targeting books on race, slavery, and gender identity. This CBS report hears from the founders of Moms for Liberty, a teacher removed for giving students access to banned books, and "Maus" cartoonist Art Spiegelman.

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 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.

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.

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.

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.

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.

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.

Homeschooling's 1970s advocates came from both the left and the right of the political spectrum.

Massachusetts passed the first law requiring children to be educated as early as 1642.

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.

Bernice Sandler, a part-time teacher in Maryland, helped launch Title IX with a class-action lawsuit.

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.

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.

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 origins of public education in the US stem from Puritan religious views

The 1647 Old Deluder Satan law reflects Puritan belief that illiteracy allowed Satan’s influence. The law—the first of its kind in the colonies—mandated towns of over 50 households hire a teacher and over 100 support a grammar school.

Private education offered an alternative for Black Americans

The early public school system was ostensibly designed for all Americans, but it was also racially segregated, offering substandard schools for Black Americans. Some private schools were founded to combat that problem, including St. Frances Academy in Baltimore, the United States' oldest predominantly Black Catholic high school.

Book-banning attempts remained near record highs in 2025

The American Library Association recorded 4,235 unique titles challenged in 2025, the second-highest level ever documented. Nearly all challenges, 92%, came from organized groups or government officials rather than individual parents.

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.

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.

A Tennessee teacher was put on trial in 1925 for teaching evolution in a public school

John Scopes was found guilty and fined $100, but the conviction was later overturned on a technicality. Tennessee's anti-evolution law stayed on the books until 1967, when it was finally repealed.

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.

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.

'Sesame Street' was once removed from television in Mississippi for being too controversial.

Visually explore the federal government's evolving role in education.

James Madison's original draft of the First Amendment was far more expansive than what was ratified

Madison's first proposed language guaranteed the right "to speak, to write, or to publish" one's sentiments freely—broader and more explicit than the final text—and described the free press as "one of the great bulwarks of liberty."

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.

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.

Explore 2024 polling on curriculum debates relating to social issues

A 2023 nationwide Pew survey found that 56% of K–12 teachers report discussing race or racial inequality in class, while only 29% mention LGBTQ topics. Many teachers (41%) say these debates have negatively impacted their work.

Nine Black students were arrested in 1961 for refusing to stop reading at a segregated Mississippi library

Public libraries across the South were segregated by law, with Black residents directed to separate, underfunded facilities. When nine Tougaloo College students sat down to read at the whites-only Jackson Municipal Library, they were arrested. Their act helped the NAACP push for the desegregation of public spaces in Jackson.

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.

The earliest colonial schools were often religious

The earliest American schools were far from our notions of “public” or “private”—they were neighborhood institutions, often founded by religious groups, that sought to educate children academically and spiritually.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Economists warn that private schools can negatively affect public schools

Lower public school enrollment often means less public school funding. Private school parents, however, frequently argue that public schools simply aren't offering the right education for their children. This podcast episode investigates that back-and-forth in San Francisco, where 30% of children attend private schools, nearly three times the national figure.

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.

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.

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

70 years after Brown v. Board, segregation remains in American schools

Despite being ruled unconstitutional in 1954, racial segregation persists: large shares of Black and Hispanic students still attend schools where most classmates are students of color. Recent trends show that segregation has increased across many urban districts since the 1990s.

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.

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.

After expanding significantly during the COVID-19 pandemic, homeschooling has continued to grow since.