Thomas Jefferson, Religious Freedom, and the Supreme Court

1998 ◽  
Vol 67 (4) ◽  
pp. 682-694 ◽  
Author(s):  
Edwin S. Gaustad
Keyword(s):  
Supreme Court ◽  
First Amendment ◽  
Second Life ◽  
Religious Freedom ◽  
The United States ◽  
Legal Framework ◽  
Thomas Jefferson ◽  
Court Decisions ◽  
James Madison ◽  
The Supreme Court

Most American scholars are reasonably well aware of the contributions of Thomas Jefferson (and his younger colleague, James Madison) to the establishment of the legal framework for religious freedom in the United States. Perhaps many are less aware of Jefferson's “second life” in the Supreme Court's several encounters with Jefferson and with the religion clauses of the First Amendment. This article will, first, review briefly Jefferson's lifelong commitment to religious liberty, which he regarded as the foundation of all liberties. Second, attention will be given to Supreme Court decisions in this troubled arena, with some comment on Jefferson's continued relevance—to use a tame and tired word—within the contemporary American scene.

Overview

2016 ◽  
Author(s):  
Shira Tarrant
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
The United States ◽  
French Film ◽  
The Supreme Court ◽  
Definition Of

What Is the Definition of Pornography? In 1964, the Supreme Court of the United States faced a controversy over whether Louis Malle’s French film The Lovers violated the First Amendment prohibition against obscene speech. In determining what exactly distinguishes pornography from obscenity,...

Overview

2016 ◽  
Author(s):  
Shira Tarrant
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
The United States ◽  
French Film ◽  
The Supreme Court ◽  
Definition Of

What Is the Definition of Pornography? In 1964, the Supreme Court of the United States faced a controversy over whether Louis Malle’s French film The Lovers violated the First Amendment prohibition against obscene speech. In determining what exactly distinguishes pornography from obscenity,...

scholarly journals Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the U.S. Supreme Court

AmeriQuests ◽  
2011 ◽  
Vol 8 (1) ◽  
Author(s):  
Charles Percy DeWitt
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
The United States ◽  
Research Associate ◽  
Daunting Task ◽  
The Supreme Court ◽  
History Of ◽  
The University

David M. O’Brien’s Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the Supreme Court serves as a significant contribution to the field of First Amendment Law by offering an overview of crucial issues and, moreover, by emphasizing the outlook for the future of free speech. O’Brien’s credentials position him favorably for the task; he was a judicial fellow and research associate with the Supreme Court, he has written numerous articles and books on the Supreme Court, and he is currently the Leone Reaves and George W. Spicer Professor of Law at the University of Virginia. Considering the daunting task of compiling a succinct account and analysis of the history of free speech in the United States, Professor O’Brien does well to allow readers to better understand the complexities of free speech policy in the United States.

Religious Freedom and Unemployment Compensation Benefits

1995 ◽  
Vol 24 (3) ◽  
pp. 315-330
Author(s):  
Paul S. Greenlaw ◽  
John P. Kohl
Keyword(s):  
Supreme Court ◽  
First Amendment ◽  
Religious Freedom ◽  
Unemployment Compensation ◽  
General Law ◽  
The Supreme Court ◽  
Religious Reasons

One key issue which has surrounded the payment of unemployment compensation benefits has been whether states could deny payment of such benefits to individuals who were out of Work for religious reasons. This presented a classic clash between state denial and First Amendment religious protections. In all such confrontations from 1963 until 1990 the Supreme Court sided with the claimant, but reversed itself in that year in Oregon v. Smith. This reversal triggered off the introduction of two House Bills calling for concepts to be enacted into general law which would be congruent with the earlier Supreme Court compensation decisions.

INDIVIDUAL CONSCIENCE AND HOW IT SHOULD BE TREATED

2016 ◽  
Vol 31 (3) ◽  
pp. 306-320 ◽  
Author(s):  
Kent Greenawalt
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Court Decisions ◽  
Constitutional Rights ◽  
The Supreme Court ◽  
Critical Issues ◽  
Supreme Court Decisions

This essay summarizes crucial ways that society—in particular, the United States—has treated claims by individuals to be free of generally required duties because their convictions tell them that performing the duties is deeply wrong. Among the topics I address are how the Supreme Court decisions involving constitutional rights and organizational claims relate to this treatment, but my main focus is on what I see as the critical issues and what I believe to be the wise choices for addressing such claims. Without attempting an extensive account of all that has been written on claims of exemptions, I refer to some relatively recent books that can help one to understand what is at stake and what can be said in favor of competing positions. I also provide references to recent and forthcoming work of my own that explores claims of exemptions in greater depth.

Speech out of Thin Air

2017 ◽  
Author(s):  
Randall P. Bezanson
Keyword(s):  
New Jersey ◽  
Supreme Court ◽  
First Amendment ◽  
United States Supreme Court ◽  
The United States ◽  
Boy Scouts ◽  
Boy Scouts Of America ◽  
Home Town ◽  
Lesbian And Gay ◽  
The Supreme Court

This chapter examines the Supreme Court's decision in Boy Scouts of America v. Dale. Since age eight, James Dale had been a Scout in his home town of Monmouth, New Jersey. By 1988, when he finished as a youth Scout on his eighteenth birthday, he had earned twenty-five merit badges and had become an Eagle Scout, one of the highest honors in Scouting. At age 19, Dale “came out” while attending Rutgers, and became actively involved in the university's lesbian and gay organization. He later received a letter from the Boy Scouts of America saying that he no longer met its standards for leadership, since avowed homosexuals were not permitted in the organization. Dale sought to appeal the decision, but to no avail. He was dismissed from his position as assistant scoutmaster, and his adult membership in the Scouts was revoked. Dale sued, claiming that the Scouts' decision was illegal under the terms of the New Jersey public accommodations law. Dale's lawsuit ultimately prevailed in the New Jersey Supreme Court. The Boy Scouts then appealed the case to the United States Supreme Court. In order to get to the Supreme Court the Scouts had to argue that the New Jersey law could not constitutionally be applied to the Boy Scouts based on its First Amendment right of free speech.

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