1978 United States Supreme Court case
McDaniel v. Paty United States Supreme Court case that struck down the last remaining state restriction against religious ministers holding elected office.
Background
Paul A. McDaniel was a Baptist minister in Chattanooga, Tennessee who gained prominence in his lifetime as an activist within the community.[1] [2] 1977 Tennessee State Constitutional Convention . His opponent, Selma Cash Paty, successfully challenged his candidacy based on a state law that forbade ordained ministers from elected office.
Decision
In an 8–0 decision, the court ruled that the state law violated both the First and Fourteenth Amendments. A modified version of the statute, prohibiting "ministers of the Gospel" from serving in the Tennessee legislature , remains as Article IX, Section 1. of the Tennessee State Constitution .[3]
The Tennessee Constitutional Amendment 4, or the Remove Religious Minister Disqualification Amendment, was proposed as a measure on the November 2022 ballot to remove this restriction.[4] [5]
United States First Amendment case law
Public displays Statutory religious Public funding Religion in Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected
Incitementsedition Libel andFighting words andheckler's veto True threats Obscenity
Rosen v. United States United States v. One Book Called Ulysses Roth v. United States One, Inc. v. Olesen Smith v. California Marcus v. Search Warrant MANual Enterprises, Inc. v. Day Jacobellis v. Ohio Quantity of Books v. Kansas Ginzburg v. United States Memoirs v. Massachusetts Redrup v. New York Ginsberg v. New York Stanley v. Georgia United States v. Thirty-seven Photographs Kois v. Wisconsin Miller v. California Paris Adult Theatre I v. Slaton United States v. 12 200-ft. Reels of Film Jenkins v. Georgia Southeastern Promotions, Ltd. v. Conrad (1975)Erznoznik v. City of Jacksonville Young v. American Mini Theatres, Inc. Vance v. Universal Amusement Co., Inc. (1980)American Booksellers Ass'n, Inc. v. Hudnut People v. Freeman United States v. X-Citement Video, Inc. Reno v. ACLU United States v. Playboy Entertainment Group, Inc. City of Los Angeles v. Alameda Books, Inc. Ashcroft v. ACLU I United States v. American Library Ass'n Ashcroft v. ACLU II Nitke v. Gonzales United States v. Williams American Booksellers Foundation for Free Expression v. Strickland United States v. Kilbride United States v. Stevens Brown v. Entertainment Merchants Ass'n FCC v. Fox Television Stations, Inc. Speech integral
Strict scrutiny Vagueness Symbolic speech Content-based Content-neutral
Compelled speech Compelled subsidy
Government grants Government Loyalty oaths School speech Public employees Hatch Act andLicensing and Commercial speech
Valentine v. Chrestensen Rowan v. U.S. Post Office Dept. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations Lehman v. Shaker Heights Goldfarb v. Virginia State Bar Bigelow v. Virginia Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council Linmark Assoc., Inc. v. Township of Willingboro Carey v. Population Services International Bates v. State Bar of Arizona In re Primus Ohralik v. Ohio State Bar Association (1978)Friedman v. Rogers Consol. Edison Co. v. Public Serv. Comm'n Central Hudson Gas & Electric Corp. v. Public Service Commission Metromedia, Inc. v. San Diego In re R.M.J. (1982)Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio Pacific Gas & Electric Co. v. Public Utilities Comm'n of California Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee Shapero v. Kentucky Bar Association (1988)Riley v. Nat'l Fed'n of the Blind (1988)State University of New York v. Fox (1989)Peel v. Attorney Registration and Disciplinary Commission of Illinois (1990)City of Cincinnati v. Discovery Network (1993)Edenfield v. Fane (1993)United States v. Edge Broadcasting Co. (1993)Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy (1994)Lebron v. National Railroad Passenger Corp. Rubin v. Coors Brewing Co. (1995)Florida Bar v. Went For It, Inc. 44 Liquormart, Inc. v. Rhode Island Glickman v. Wileman Brothers & Elliot, Inc. (1997)Greater New Orleans Broadcasting Assn., Inc. v. United States (1999)Los Angeles Police Department v. United Reporting Publishing Co. (1999)United States v. United Foods Inc. (2001)Lorillard Tobacco Co. v. Reilly Thompson v. Western States Medical Center (2002)Nike, Inc. v. Kasky Johanns v. Livestock Marketing Ass'n Tennessee Secondary School Athletic Assn. v. Brentwood Academy (2007)Milavetz, Gallop & Milavetz, P.A. v. United States (2010)Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (2010)Sorrell v. IMS Health Inc. Expressions Hair Design v. Schneiderman Matal v. Tam Iancu v. Brunetti Barr v. American Association of Political Consultants Vidal v. Elster Campaign finance Anonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections
