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Blasphemy is generally understood as speech calculated and designed to transgress, or express contempt for, central religious beliefs. In older cases, blasphemy laws were upheld on the ground that they were designed to prevent the incitement of violence and therefore served the needs of society rather than religion. More recently, blasphemy statutes have been held to lack a secular purpose, and serve only to advance religion in violation of the Establishment Clause of the First Amendment. The Supreme Court has held that it is not the business of the government to suppress real or imagined attacks upon a particular religious doctrine, whether they appear in publications, speeches, or motion pictures.
Associated Cases
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Significance: Burstyn v. Wilson
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Significance: Brooklyn Institute of Arts and Sciences v. City of New York
These materials are not intended, and should not be used, as legal advice. They necessarily contain generalizations that are not applicable in all jurisdictions or circumstances. Moreover, court decisions may be superceded by subsequent rulings, and may be subject to alternative interpretations. Corrections, clarification, and additions are welcome. Please send to ncac@ncac.org.
