Topics: Laws and Proposed Laws, 1951-2007

• American Indian Religious Freedom Act of 1978 as Amended in 1994 (1994)

  The American Indian Religious Freedom Act of 1978 provided that it would protect First Amendment religious rights of Native Americans, a religious minority...

• Anti-Dial-a-Porn Act of 1989 (1989)

  The Anti-Dial-a-Porn Act of 1989 was overturned for a blanket prohibition on indecent and obscene telephone recordings. Indecency is protected by the First...

• Bipartisan Campaign Reform Act of 2002 (2002)

  The Bipartisan Campaign Reform Act (2002) regulated campaign finances and electioneering communications. Such rules may be challenged if they limit freedom of...

• Broadcast Decency Enforcement Act of 2005 (2005)

  The Broadcast Decency Enforcement Act increased fines for violating indecency standards. First Amendment advocates are concerned about the act's chilling effect...

• Cable Communications Policy Act of 1984 (1984)

  The FCC gained jurisdiction to regulate cable in 1984 with the passage of the Cable Communications Policy Act. The act elicited several First Amendment...

• Cable Television Consumer Protection and Competition Act of 1992 (1992)

  Cable Television Consumer Protection and Competition Act of 1992 allowed for more FCC regulation. The law brought about First Amendment cases dealing with...

• Child Online Protection Act of 1998 (1998)

  Child Online Protection Act of 1998 devised to prevent minors from accessing obscene material on the Internet was found to be too broad in limiting First...

• Child Pornography Prevention Act of 1996 (1996)

  The Supreme Court overturned the Child Pornography and Prevention Act in Ashcroft v. Free Speech Coalition (2002) ruling it was too broad and unconstitutional....

• Child Protection and Obscenity Enforcement Act of 1988 (1988)

  Child Protection and Obscenity Enforcement Act of 1988 criminalized the transmission of child pornography via computers. Child pornography is not protected by...

• Child Protection Restoration and Penalties Enhancement Act of 1990 (1990)

  Congress passed the Child Protection Restoration and Penalties Enhancement Act of 1990 (CPRPEA) to make it a crime knowingly to possess child pornography...

• Children's Internet Protection Act of 2000

  The Supreme Court upheld the Children’s Internet Protection Act which requires schools and libraries to block children’s access to pornography or lose...

• Communications Decency Act and Section 230 (1996)

  The Court said the Communications Decency Act in 1996 violated the First Amendment because of its overly broad language regarding indecent and offensive...

• Communist Control Act of 1954 (1954)

  The Communist Control Act of 1954, which outlawed the Communist Party, impinged upon numerous constitutional rights, including First Amendment rights...

• Copyright Act of 1976 (1976)

  Harmonizing copyright law with First Amendment principles, the Copyright Act of 1976 incorporated the concept of fair use for the first time in such a law...

• Deleting Online Predators Act

  The proposed Deleting Online Predators Act would require public schools and libraries to block student access to social networks, raising questions about First...

• Digital Millennium Copyright Act of 1998 (1998)

  The Digital Millennium Copyright Act of 1998 introduced new prohibitions to American copyright law. Critics say the law threatens First Amendment freedoms...

• Don't Ask, Don't Tell

  "Don’t Ask, Don’t Tell" popularly refers to the U.S. military’s policy toward gays and lesbians serving in the armed forces. The policy allows individuals...

• Dot Kids Implementation and Efficiency Act of 2002 (2002)

  The Dot Kids Implementation and Efficiency Act of 2002 attempts to protect minors on the internet by creating a “safe haven” website without violating the...

• Draft Card Mutilation Act of 1965

  Draft card burning became an iconic form of protest during the Vietnam War. The Supreme Court rejected a First Amendment challenge to a law that prohibited...

• Equal Access Act of 1984 (1984)

  The Equal Access Act of 1984 forbids public schools from receiving funds if they deny students the First Amendment right to hold meetings, including religious...

• Federal Election Campaign Act of 1971 (1971)

  The Federal Election Campaign Act of 1971 regulated the financing of federal election campaigns. FECA faced several First Amendment challenges after being...

• Flag Protection Acts of 1968 and 1989

  Two acts were passed by Congress in 1968 and 1989 to protect the U.S. flag from being burned by protesters. The Court struck both down on First Amendment...

• Free Flow of Information Act

  The Free Flow of Information Act would create a federal shield law to protect reporters. Opponents of the law say the First Amendment does not entitle press to...

• Freedom of Access to Clinic Entrances Act of 1994 (1994)

  The Freedom of Access to Clinic Entrances Act criminalizes blocking a clinic entrance and interfering with women seeking abortions. Opponents say it violates...

• Freedom of Information Act of 1966 (1966)

  The Freedom of Information Act was adopted on the principle that government should be transparent. Citizens can hold government accountable through First...

• Freedom to Display the American Flag Act of 2006 (2006)

  The Freedom to Display the American Flag Act prohibits association-governed communities from preventing their members from displaying the American flag...

• Government in the Sunshine Act (1976)

  The Government in the Sunshine Act requires meetings of bodies that govern federal agencies to be open unless they fall under 10 exceptions in the law...

• International Religious Freedom Act of 1998 (1998)

  The International Religious Freedom Act 1998 established an office to oversee diplomatic missions to promote the First Amendment right of religion around the...

• Johnson Amendment

  The Johnson Amendment was adopted in 1954, restricting tax-exempt churches from participating in political campaigns or risk losing their tax-exempt status....

• Must-Carry Rules

  Must-carry rules require cable systems to carry local broadcast television stations. Some must-carry rules have violated the First Amendment while others have...

• National Do Not Call Registry

  The National Do Not Call Registry lists phone numbers of those who do not wish to get unsolicited telemarketing calls. The list has been upheld against First...

• Newspaper Preservation Act of 1970 (1970)

  The Newspaper Preservation Act of 1970 allowed competing newspapers to enter into a joint operating agreement in which they shared revenue but kept separate...

• Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (1996)

  The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 responded to concerns that governmental aid to religious entities might violate the...

• Protection of Children against Sexual Exploitation Act of 1977 (1977)

  Congress passed the Protection of Children Against Sexual Exploitation Act of 1977. Courts later upheld the law from First Amendment and other challenges...

• Public Health Cigarette Smoking Act of 1969 (1969)

  The Public Health Cigarette Smoking Act of 1969 regulated the advertising of tobacco products. Litigation over its effect on free speech rights reached the...

• Radio Act of 1912 (1912)

  The Radio Act of 1912 for the first time gave the government control over the broadcast spectrum, leading to First Amendment quandaries in later years...

• Radio Act of 1927 (1927)

  The Radio Act of 1927 created a commission to license broadcasters. Underlying the act was the assumption that radio was expression protected by the First...

• Religious Freedom Restoration Act of 1993 (1993)

  Congress passed the Religious Freedom Restoration Act of 1993 requiring courts to apply strict scrutiny when examining whether a law violates Amendment...

• Religious Land Use and Institutionalized Persons Act of 2000 (2000)

  The Religious Land Use and Institutionalized Persons Act came after concern about allowing state and local laws to prevail in the face of First Amendment...

• Religious Liberty and Charitable Donation Protection Act of 1998 (1998)

  The Religious Liberty and Charitable Donation Protection Act of 1998 was passed to protect First Amendment free exercise of religion through donating to...

• Telecommunications Act of 1996 (1996)

  The Telecommunications Act of 1996 significantly altered federal communications policy. Parts of the Act have been struck down for violating the First Amendment...

• USA Patriot Act of 2001 (2001)

  The Patriot Act, passed after the 9/11 terrorist attacks, has been criticized for incursions into Americans' civil liberties and First Amendment rights of...

• Workplace Religious Freedom Act

  The Workplace Religious Freedom Act would mandate accommodation of religious beliefs in the workplace. The legislation, introduced in 1999, has not yet passed...