In 1957, the Supreme Court shrank the definition of obscenity from anything to do with sex to “material that deals with sex in a manner appealing to prurient interest” and “utterly without redeeming social importance.” This decision forced the justices to hear dozens of cases in order to distinguish obscenity from protected speech. Early in the twentieth century, obscenity laws had halted the circulation of works of art such as James Joyce’s now classic novel Ulysses. There is now a right to possess most obscene material in one’s home, but not to produce, sell, or ship it. Nonetheless, some litigants sue to shame a media organization publicly or to force it to spend money defending itself in court. But officials and other public figures must demonstrate “actual malice” displayed by a “reckless disregard for the truth” (New York Times v. The publication of defamatory information, or libel, can be challenged in court. The First Amendment does not protect speech that fails to contribute to the exchange of ideas that is crucial in a democracy-for instance, libel, obscenity, and “fighting words”-but such forms of speech are narrowly defined.
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Opponents argued that this would violate the establishment clause by endorsing religion Bush responded that existing policy violated the free exercise clause by discriminating against religious organizations. Bush proposed to allow government to contract with “faith-based” organizations to administer social programs. The two objectives are not always compatible. The establishment clause tries to keep religion out of government the free exercise clause tries to keep government out of religion. The Court held that laws hindering religious practices do not violate the First Amendment if they apply to all persons and do not openly refer to religion. More recently, the Supreme Court limited the clause’s reach when it ruled, in 1990, that American Indians had no right to disobey an Oregon law barring controlled substances in order to ingest peyote as part of a religious service. This free exercise clause gained potency in 1943 when the Supreme Court ruled that Jehovah’s Witnesses could not be expelled from public schools for refusing to salute the American flag, an act contrary to their religion. Government policies cannot target individuals’ religious practices or force actions that violate their religions. Individuals have the right to believe and practice their religions as they see fit. The First Amendment also says that Congress shall not prohibit the “free exercise” of religion.
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