Wallace v. Jaffree, 472 U.S. 38 (1985)

"States have no greater power to
restrain the individual freedoms
protected by the First Amendment
than does the Congress of the United States."

Mobile County, Alabama, 1982. Ishmael Jaffree's has three children in public school, one in kindergarten, two in second grade. Every day, they're asked to pray with their classmates. Asked, not told. But when they choose not to, the other kids ostracize them. What Alabama law calls legal voluntary school prayer, Jaffree calls unconstitutional "religious indoctrination." He files a complaint in federal court.

In 1985, the Supreme Court agrees with Jaffree: "States have no greater power to restrain the individual freedoms protected by the First Amendment than does the Congress of the United States." Justice John Paul Stevens writes, "The Court has unambiguously concluded that the individual freedom of conscience protected by the First Amendment embraces the right to select any religious faith or none at all. This conclusion derives support not only from the interest in respecting the individual's freedom of conscience, but also from the conviction that religious beliefs worthy of respect are the product of free and voluntary choice by the faithful... The State of Alabama, no less than the Congress of the United States, must respect that basic truth."

For more...

Supreme Court Decisions on Religous Liberty

AMENDMENT 1 Freedom of Religion, Speech, and Assembly

Passed by Congress September 25, 1789. Ratified December 15, 1791.

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. [^].

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