The First Amendment in the 1950s

A Lasting Controversy.

The First Amendment to the Constitution forbids Congress from making any law "abridging the freedom of speech, or of the press," The courts have traditionally ruled, however, that the framers of the Constitution never intended to protect all forms of expression. Some works, in fact, are considered so offensive to society's standards of decency that they are banned from any public display. How to tell the difference between a work that is unpopular but tolerable and one that is completely unacceptable has been an ongoing concern of the American court system. During the 1950s the Supreme Court made several significant decisions regarding the controversy.

Is Sacrilege Illegal?

In 1952, in the case of Burstyn v. Wilson, the Court struck down the state of New York's ban on the film The Miracle. The Italian film told the story of a young peasant girl who is impregnated...

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