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.

Absorption of Amendment I Into the Fourteenth Amendment

Eventually the long sought protection for certain substantive personal
rights was obtained by identifying them with the "liberty" which States
cannot take away without due process of law. The shift in the Court's
point of view was made known quite casually in Gitlow _v._ New York,[1]
where, although affirming a conviction for violation of a State statute
prohibiting the advocacy of criminal anarchy, it declared that: "For
present purposes we may and do assume that freedom of speech and of the
press--which are protected by the First Amendment from abridgment by
Congress--are among the fundamental personal rights and 'liberties'
protected by the due process clause of the Fourteenth Amendment from
impairment by the States."[2] This dictum became, two years later,
accepted doctrine when the Court invalidated a State law on the ground
that it abridged freedom of speech contrary to the due process clause of
Amendment XIV.[3] Subsequent decisions have brought the other rights
safeguarded by the First Amendment, freedom of religion,[4] freedom of
the press,[5] and the right of peaceable assembly,[6] within the
protection of the Fourteenth. In consequence of this development the
cases dealing with the safeguarding of these rights against infringement
by the States are included in the ensuing discussion of the First
Amendment.

An Establishment of Religion

THE "NO PREFERENCE" DOCTRINE

The original proposal leading to the First Amendment was introduced into
the House of Representatives by James Madison, and read as follows: "The
civil rights of none shall be abridged on account of religious belief or
worship, nor shall any national religion be established, nor shall the
full and equal rights of conscience be in any manner, or on any
pretence, infringed."[7] This was altered in the House to read:
"Congress shall make no law establishing religion, or to prevent the
free exercise thereof, or to infringe the rights of conscience."[8] In
the Senate the above formula was replaced by the following; "Congress
shall make no law establishing articles of religion."[9] The conference
committee of the two houses adopted the House proposal, but