"Apparently first of its kind" just means the reporter who wrote the story couldn't find any similar or related cases after their brief perusal of an internet site providing SCOTUS opinion records and/or a Google search.
You're giving the "reporter" from World Nut Daily entirely too much credit. WND isn't a news source in any use of the word. It's a propaganda tool for right wingnuts who want to get the rest of us to believe there's a vicious war against fundamentalist Christianity. I seriously doubt the "reporter" knows the first thing about First Amendment history, he simply thought it would make things sound more dire if he said "Apparently first of its kind."
Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson
We see monsters where science shows us windmills. -- Phat
It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate
...creationists have a great way to detect fraud and it doesn't take 8 or 40 years or even a scientific degree to spot the fraud--'if it disagrees with the bible then it is wrong'.... -- archaeologist
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