Establishment Clause

Justice Stephen Breyer’s Memorable First Amendment Passages

Justice Stephen G. Breyer is one of the more scholarly jurists to serve on the nation’s high court, authoring such thought-provoking books such as Active Liberty (2006), Making Our Democracy Work
Read More

Despite settled law, schools still struggle to get religion right

Although I can’t cite a scientific survey to prove it, I have detected a recent upswing in conflicts over religion in public schools. Just as I was beginning to believe that most schools were finally getting religion right, it appears that the trend is in the other direction.
Read More

Much to-do about history for divided high court

Though sharply divided on whether legislative prayers in Greece, N.Y., are permissible, two Supreme Court justices agree that history factors into the constitutional calculus.
Read More

Burger’s birthday: his rulings shaped First Amendment law

Today, Constitution Day, is also the birthday of former U.S. Supreme Court Chief Justice Warren Burger, whose Court was actively engaged in First Amendment law. Burger, born Sept. 17, 1907,
Read More

Clarence Thomas says Court needs to clean up mess

Justice Clarence Thomas says he and his fellow Supreme Court Justices need to “clean up our mess” with regard to religious-display cases. He wrote this blunt assessment in a 19-page
Read More

Justice Souter and the First Amendment

This article is part of an online symposium on the First Amendment Center Online titled Justice Souter & the First Amendment. Justice David Hackett Souter — a man who rose
Read More

Plaintiff in 1962 landmark school-prayer case reflects on his role

William Shakespeare wrote in Twelfth Night: “Some are born great, some achieve greatness and some have greatness thrust upon ‘em.” Steven Engel says “alphabetical order” thrust his name into the
Read More