The origin of "wall of separation" came from Thomas Jefferson who used the phrase to reflect his understanding of the First Amendment's religion clauses.| The Free Speech Center
Prayer at public school events can involve three clauses of the First Amendment: the establishment, the free exercise, and the free speech.| The Free Speech Center
In Lemon v. Kurtzman (1971), the Supreme Court said that providing funds to church-run schools was unconstitutional because it resulted in excessive entanglement with religion.| The Free Speech Center
The coercion test helps the Supreme Court determine whether government practices violate the First Amendment’s establishment clause. It is most often used in public school cases.| The Free Speech Center
Justice Clarence Thomas has surprised observers with his independent vision on First Amendment issues, including questioning interpretations of the establishment clause.| The Free Speech Center
Supreme Court Justice Antonin Scalia viewed First Amendment protections in a narrow, but sometimes libertarian, fashion. He considered himself an "originalist."| The Free Speech Center
When the First Amendment was ratified, it did not eliminate established churches in states where they existed. Eventually, all established churches were disestablished.| The Free Speech Center
The Supreme Court used the three-pronged Lemon test for nearly four decades to evaluate whether a law or governmental activity violated the establishment clause of the First Amendment. The test was largely abandoned by 2022.| The Free Speech Center
Supreme Court Associate and Chief Justice William Rehnquist was not known as a defender of First Amendment rights, but he protective of some aspects of the amendment.| The Free Speech Center
Supreme Court Justice John Paul Stevens contributed mightily to First Amendment jurisprudence and seemingly became more speech-protective in his later years on the Court.| The Free Speech Center
The establishment clause prohibits government from establishing a religion. It is sometimes referred to as separation of church and state.| The Free Speech Center
Engel v. Vitale (1962) ruled that school-sponsored prayer in public schools violated the First Amendment even though participation in the prayer was voluntary.| The Free Speech Center
Abington School District v. Schempp (1963) ended devotional exercises in public schools because the First Amendment forbade the recognition of one religion over others.| The Free Speech Center