In the global landscape of laws that govern religious expression, 79 countries hold onto blasphemy statutes, with some, including Afghanistan, Brunei, Iran, Nigeria, Pakistan, and Saudi Arabia, imposing the death penalty for violations. The presence and enforcement of these laws bring to light a complex intersection of religion, free speech, and human rights.
Historically in the United States, though currently free from blasphemy laws, the track record tells a different story that traces back to the establishment of American colonies. These early laws primarily protected the Christian faith, often excluding or penalizing other religious expressions. For instance, Maryland’s Toleration Act of 1649, noted for promoting the “free exercise” of Christianity, simultaneously threatened non-Christians with death or forfeiture of land for blasphemy.
The legal landscape began to shift over the centuries. By 1811, cases like People v. Ruggles in New York saw defendants punished under blasphemy laws, which at the time were used to shield Christianity from critique. This case ended with John Ruggles fined and imprisoned for his derogatory remarks about Jesus Christ and his mother. The court, led by Chief Justice James Kent, maintained that while freedom of religious opinion was a right, it did not extend to insults against the Christian majority.
It was not until the 20th century that the dynamic began significantly changing. The U.S. Supreme Court’s 1952 ruling in Joseph Burstyn, Inc. v. Wilson marked a pivotal turn, determining that states could not declare films sacrilegious and thus restrict religious criticism, setting a standard that protected such expressions under the amendments for free speech and religious freedom.
Despite this progress, challenges persisted. In Pennsylvania, 1977 saw a controversial statute enacted barring businesses from registering names considered blasphemous. It remained in effect until 2010, when deemed unconstitutional, reinforcing the First Amendment’s protection of free expression irrespective of religious sentiment.
This backdrop of changing judicial perspectives and struggles around blasphemy laws offers a broader reflection on the evolution of religious freedom in America. As noted by historian David Sehat, America’s founding teemed with divergent views on religious freedom. Figures like John Adams and Thomas Jefferson debated the constitutionality and morality of giving one religion preference over others through law.
The ongoing discourse on religious freedoms and the critique against blasphemy laws are reflective of a broader democratic process. In recent years, rising currents of Christian nationalism have reignited debates over free speech, book bans, and public protests, underlining the perennial tension between freedom of expression and religious sanctity.
The historical and legal evolution of blasphemy laws in the U.S. not only contours the country’s legal landscape but also frames a larger dialogue about the values foundational to democratic society — one that continues to evolve and be contested today.
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