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Holding NBC liable for such misrepresentation does not offend the First Amendment because Veilleux is trying to recover actual losses suffered by his business due to a promise made by the television show , not reputational damages based on the content of the story , the court held . And thus it was that the value of accommodation , dominant at times in Religion Clause jurisprudence in the Twentieth Century , was the animating force in the crafting of the First Amendment itself Congressman Huntington stood as Madison took his seat . In the absence of such a history , the First Amendment protected Franklin Bragg ’ s right to wear Confederate flag clothing . Because the MPAA rating system has no legal basis and is very vague , a public library that enforces such a system may be a violation of the First Amendment ( Kravitz 1998 ) . That is , what if you were trying to compel students to promote those programs , and a student objected under his / her First Amendment Religious Freedom rights ?