And today we have Woke cancel culture and hate speech laws. And soon, anti-Woke ditto in the wake of a certain recent event. Each time has its own blasphemy, it seems...
Yes, it is true that blasphemy laws existed in the early United States even after the ratification of the First Amendment (1791). These laws were primarily at the state level, and they coexisted with federal constitutional protections for freedom of religion and speech. The apparent contradiction stems from the limited scope of the First Amendment in its early interpretation.
🧾 Historical Context
🔹 The First Amendment (1791)
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”
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At the time of its adoption, the First Amendment applied only to the federal government.
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It did not initially restrict state governments, which continued to enforce their own laws on religion and speech, including blasphemy laws.
⚖️ Examples of Early Blasphemy Laws
1. Massachusetts
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Had a blasphemy law as early as the 17th century, carried into the 19th.
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In 1838, Abner Kneeland, a freethinker and former Universalist minister, was convicted of blasphemy under Massachusetts law for publishing writings that denied the existence of God.
2. Pennsylvania
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Maintained laws criminalizing blasphemy well into the 1800s.
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The 1824 case Commonwealth v. Kneeland upheld a blasphemy conviction.
3. Maine and New York
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Also had blasphemy statutes on the books during the 18th and 19th centuries.
These laws typically prohibited denial of the Bible, mockery of Jesus, or offensive speech against Christian doctrines.
🧠 Why Were These Laws Possible?
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The Bill of Rights, including the First Amendment, was seen as a limitation on federal power only.
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States retained the authority to define public morality and regulate religious expression until the 14th Amendment (1868) and its later interpretation in the 20th century.
⚖️ Shift in Legal Doctrine: Incorporation
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The “incorporation doctrine” (developed through 20th-century Supreme Court cases) applied most of the Bill of Rights to the states via the Due Process Clause of the 14th Amendment.
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Key decisions:
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Cantwell v. Connecticut (1940) — Incorporated the Free Exercise Clause.
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Joseph Burstyn, Inc. v. Wilson (1952) — Struck down a New York blasphemy law as unconstitutional, recognizing blasphemy bans as violations of free speech.
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✅ Summary
| Aspect | Explanation |
|---|---|
| Blasphemy laws existed | Yes, in many U.S. states, especially in the 18th and 19th centuries |
| First Amendment protection | Initially limited to federal laws only |
| States could criminalize blasphemy | Until mid-20th century incorporation of the First Amendment |
| Current status | Blasphemy laws are unenforceable and unconstitutional under modern interpretations of free speech |
If you’re interested, I can provide original texts of some early state blasphemy laws or details about famous blasphemy trials in U.S. history.
Certainly. Here are some of the most notable blasphemy trials in U.S. history, which illustrate how Christian morality and legal authority shaped early American legal systems—despite the First Amendment—and how courts eventually shifted toward greater freedom of speech and religion.
⚖️ 1. Abner Kneeland (Massachusetts, 1838)
🧑🏫 Background:
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Abner Kneeland was a former Universalist preacher who became a freethinker, atheist, and publisher.
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He founded a secular newspaper, The Boston Investigator, in which he published critiques of Christianity and statements denying God’s existence.
💥 The Charges:
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Convicted under the Massachusetts blasphemy statute, which prohibited public statements "contumeliously reproaching" the Christian religion.
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Offending quote: He declared that he “did not believe in a God any more than he believed in any other non-existent being.”
⚖️ Verdict and Significance:
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Found guilty of blasphemy in 1838 and sentenced to 60 days in jail.
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His conviction became a national free speech controversy.
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Ralph Waldo Emerson and others defended him as a victim of religious intolerance.
📌 Legacy: Last person jailed for blasphemy in U.S. history. Sparked debate about religious freedom vs. public morality.
⚖️ 2. Ruggles Case (New York, 1811)
(People v. Ruggles, 8 Johns. R. 290 N.Y. 1811)
🧑🏫 Background:
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John Ruggles, while drunk, gave a public speech in which he denounced Christianity and Jesus in vulgar terms.
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He was charged with blasphemy under New York common law, which protected Christian doctrines.
⚖️ Verdict:
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Found guilty by the New York Supreme Court, which ruled:
“Christianity is part of the common law... to revile it is to threaten the moral foundations of society.”
📌 Legacy: Landmark case confirming that blasphemy could be prosecuted under common law, even without a written statute. Later overturned by evolving constitutional interpretation.
⚖️ 3. Commonwealth v. Kneeland (Massachusetts, 1838)
Note: This is the official case title of the Abner Kneeland trial. Included here again because it's one of the few well-documented blasphemy prosecutions under a written statute.
⚖️ 4. Joseph Burstyn, Inc. v. Wilson (New York, 1952)
(Also called “The Miracle Decision”)
🧑🏫 Background:
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A short film by Roberto Rossellini, The Miracle, was accused of being blasphemous by Catholic authorities and banned in New York.
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The state’s censorship board revoked its license, citing a law banning sacrilegious content in films.
⚖️ Verdict:
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The U.S. Supreme Court struck down the New York law as unconstitutional.
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Ruled that "blasphemy is not a valid ground to suppress free expression."
📌 Legacy: This decision ended the enforceability of blasphemy laws in the United States.
⚖️ 5. Kalman v. Cortes (Pennsylvania, 2010)
🧑🏫 Background:
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A satirical church, "The Church of the Flying Spaghetti Monster," challenged Pennsylvania’s ban on blasphemous corporate names after its application was denied.
⚖️ Verdict:
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The state eventually revoked the blasphemy clause, recognizing it as unconstitutional under modern free speech law.
📌 Legacy: Confirmed that blasphemy statutes are obsolete under the First Amendment.
📜 Summary Timeline
| Year | Case | Outcome |
|---|---|---|
| 1811 | People v. Ruggles (NY) | Blasphemy upheld under common law |
| 1838 | Commonwealth v. Kneeland (MA) | Conviction under statute; jailed |
| 1952 | Burstyn v. Wilson (SCOTUS) | Blasphemy law struck down |
| 2010 | Kalman v. Cortes (PA) | Blasphemy provision repealed |
📌 Conclusion
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Blasphemy prosecutions were real in early American history, especially in states like Massachusetts and New York, and upheld on the basis of Christian moral order.
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These laws gradually eroded due to the expansion of First Amendment protections in the 20th century.
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Today, blasphemy laws are unenforceable in the U.S., though some remain on the books in outdated statutes.
Would you like full-text excerpts from any of these trial decisions, or a global comparison of how other countries still enforce blasphemy laws?
I originally wanted to post this ChatGPT conversation in July, but I thought the robot was a bit too confusing, so I left it in the pipeline, but due to...certain recent events...it seems pertinent to publish it anyway.
ReplyDeleteMy boring rather mainstream take on this is that if you are ok with people being assassinated for their views, dont come crying if you lose your job because of your views.
ReplyDeleteTrue, but it seems the Trump Admin wants to attack free speech more generally. The "left" and the "right" in the US have always tried to cancel each other, and now the pendulum is swinging to the right...
ReplyDelete