First Amendment:
Freedom of
Speech and Freedom of Religion
"Congress
shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition
the government for a redress of grievances."
|

Supreme Court Rulings on Street
Preaching and Public Speech in General
- Federal Court of Appeals, Florida, 1972: Hostile audience is
not basis for restraining otherwise legal first amendment activity.
U.S.C.A. Const. Amend. I (Collie v. Chicago Park Dist., 460 F. 2d. 746).
- Federal Court of Appeals, Florida, 1974: Public expression of
ideas may not be prohibited merely because ideas are themselves of
offensive to some of their hearers. West's F.S.A. 877.03; U.S.C.A.
Const. Amend. I (Wiegand v. Seaver, 504 F. 2d. 303).
- Federal Court of Appeals, Indiana, 1974: Freedom of
expression (does not mean freedom to express only approved ideas; it
means freedom to express any idea. (Perry v. Columbia Broadcasting
System, Inc. 499 F. 2d. 797).
- Federal Court of Appeals, District of Colubia, 1977: The
Constitution mandates that access to the streets, sidewalks, parks, and
other similar public places for purpose of exercising first amendment
rights cannot be denied broadly and absolutely. U.S.C.A. Const. Amend. I
(Washington Mobilization Committee v. Cullinane, 566 F. 2d. 107, 184 U.
S. App. D. C. 215).
- Federal District Court, Tennessee, 1978: The fact that
persons might express their religious views at some place other than the
public streets, sidewalks, and other areas of the city does not have any
consequence in determining the validity of permit requirements with
respect to the use of such public areas. U.S.C.A. Const. Amend. I (Smith
v. City of Manchester, 460 F. Supp. 30).
- Federal Court of Appeals, Virginia, 1982: Reasonable time,
place, and manner restrictions on free expression and their enforcement
cannot he based on content of speech thereby restricted.
A compelling
governmental interest unrelated to speech must he served by restriction
on speech.
Ordinance containing restrictions on free expression must be drawn
with narrow specificity to be no more restrictive than necessary to
secure such interest.
Adequate alternative channels of communication must be left open by
restrictions on free expression. Davenport v. City of Alexandria,
Virginia, 683 F. 2d. 853, on rehearing 710 F. 2d. 148. Also, see
Salahuddin v. Carlson, 523 F. Supp. 314.).
- Federal Court of Appeals, Virginia, 1973: The first amendment
protects from state interference the expression in a public place of the
unpopular as well as the popular and the right to assemble peaceably in
a public place in the interest and furtherance of the unpopular as well
as the popular. U.S.C.A. Const. Amend. I (National Socialist White
People's Party v. Ringers, 473 F. 2d. 1010).
- Federal Court uf Appeals, Virginia, 1972: Government may not
favor one religion over another. U.S.C.A. Const. Amend. I (U.S. v.
Crowthers, 456 F. 2d. 1074).
- U.S., Arkansas, 1968: The freedom of religion provision of
the first amendment forhids alike the preference of a religious doctrine
or the prohibition of a theory which is deemed antagonistic to a
particular dogma. The state has no legitimate interest in protecting any
or all religions from views distasteful to them. U.S.C.A. Const. Amend.
I (Epperson v. State of Arkansas, 89 S. Ct. 266).
- Federal Court of Appeals, Texas, 1972: "Controversy" is never
sufficient in and of itself to stifle the views of any citizen. U.S.C.A.
Const. Amend. I (Shanlcy v. Northeast Independent School Dist., Bexar
County, Texas, 462 F. 2d. 960).
- U.S, California, 1971: As a general matter, the establishment
clause of the first amendment prohibits government from abandoning
secular purposes in order to put an imprimatur on one religion, or on
religion as such, or to favor the adherence of any sect or religious
organization. U.S.C.A. Const. Amed. I (Negre v. Larsen, 91 S. Ct. 828).
- United States District Court, E.D. Wisconsin, April 30, 1970:
An ordinance that proscribes conduct that tends to "disturb or annoy
others" is both vague and overbroad. I he constitutionally protected
exercise of free expression frequently causes a disturbance, for the
very purpose of the first amendment is to stimulate the creation and
communication of new, and therefore, often controversial ideas. The
prohibition against conduct that tends to disturb another would
literally make it a crime to deliver an unpopular speech that resulted
in a "disturbance." Such a restriction is a clearly invalid restriction
of constitutionally protected free expression. (Gardner v. Ceci, 312 F.
Supp. 516/ see also Landry v. Daley, 280 F. Supp. 968, N.D. 111. 1968).
- U.S. Iowa, 1969: Undifferentiated fear or apprehension of
disturbance is not enough to overcome right to freedom of expression.
U.S.C.A. Const. Amend. I (Tinker v. Des Moines Independent Community
School Dist. 89 S. Ct. 733, 393/ U.S. 5()3/21 L. Eid. 2d. 731).
- Also, see identical ruling, Federal District Court, Texas, 1969:
(Calbillo v. San Jancinto Junior College, 305 F. Supp. 857, cause
remanded 434 F. 2d. 609, appeal after remand 446 F. 2d. 887).
|