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Cases by Topic Group
Religious Speech, Sorted by Year, Click here to sort by Case Name.

Case Name YearDecision of the CourtTopic Group(s)   
Cantwell v. Connecticut, 310 U.S. 2961940State may not unduly suppress communication of religious views under guise of conserving public peace, or deciding what is a legitimate "religion" for solicitation purposes; Free Exercise Clause applied to state and local governments through Fourteenth Amendment. Incorporation by Fourteenth Amendment

Jehovah's Witnesses

Religious Speech

Minersville Sch. Dist. v. Gobitis, 310 U.S. 5861940A requirement that pupils salute the flag in daily school exercises is not violative of due process Flag Salute

Jehovah's Witnesses

Religious Speech

Cox v. New Hampshire, 312 U.S. 5691941It is constitutional to charge a parade fee limited to the purpose of meeting the expense incident to the administration of licensing and the maintenance of public order Meeting Permits

Religious Speech


 
Chaplinsky v. New Hampshire, 315 U.S. 5681942Cursing a public officer is not an exercise of religion or protected speech. Religious Speech


 
Taylor v. Mississippi, 319 U.S. 5831943Overturning convictions of Jehovah's Witnesses arrested for advocating a refusal to salute flag. Flag Salute

Jehovah's Witnesses

Religious Speech


 
West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 6241943School requirement to salute flag and recite pledge is invalid as applied to Jehovah's Witnesses because it denies freedom of speech and of belief. Flag Salute

Jehovah's Witnesses

Religious Speech


 
Musser v. Utah, 333 U.S. 951948Conviction for polygamy vacated and case remanded for consideration of state law questions. Polygamy

Religious Speech


 
Saia v. New York, 334 U.S. 5581948In absence of any standards, ordinance prohibiting use of sound amplification invalid as infringing free speech. Jehovah's Witnesses

Religious Speech


 
Fowler v. Rhode Island, 345 U.S. 671953Ordinance prohibiting religious speech in public park but not church services, violates First Amendment. Discrimination Against Religion

Jehovah's Witnesses

Religious Speech


 
Board of Airport Comm'rs v. Jews for Jesus, Inc., 482 U.S. 5691987Airport regulation banning all "first amendment activities" within a public or non-public forum is a violation of overbreadth doctrine. Religious Speech


 
Int'l Soc. for Krishna Consciousness, Inc. v. Lee, 505 U.S. 6721992An airport terminal is a non-public forum, therefore a ban on religious handbills and solicitation need only satisfy a reasonableness standard. Religious Literature Distribution

Religious Speech


 
Capitol Sq. Review & Advisory Bd. v. Pinette, 515 U.S. 753 (plurality in part)1995State's refusal to allow display of religious symbol in public forum is speech discrimination not justified by Establishment Clause Equal Access in Schools

Religious Speech

Religious Symbols/Creches/Ten Commandments


 
Newdow v. U.S. Congress, 328 F.3d 466 (9th Cir.)2002*Both the 1954 Act of Congress adding Under God to the Pledge of Allegiance and a public school's practice of teacher-led recitation of the Pledge violate the Establishment Clause. Flag Salute

Prayer/Religion in Public Schools

Religious Speech


 
Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 12004Non-custodial father of minor does not have standing to challenge his daughter’s voluntary recitation of the Pledge of Allegiance to the U.S. flag. Flag Salute

Prayer/Religion in Public Schools

Religious Speech


Except for those entries preceded by an asterisk, Professor Carl H. Esbeck, Isabelle Wade and Paul C. Lyda Professor of Law, University of Missouri-Columbia prepared and copyrighted the text under the column entitled "Decision of the Court." L. Martin Nussbaum, co-chair of the Rothgerber Johnson & Lyons Religious Institutions Group prepared the text under the column entitled "Decision of the Court" which is preceded by an asterisk. The Rothgerber Johnson & Lyons LLP Religious Institutions Group gratefully acknowledges Professor Esbeck's permission to reprint the text which he prepared.

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