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Schenck v. United States
Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Schenck-charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military & to obstruct recruitment.Holmes,for a unanimous Court, concluded that Schenck wasnt protected. Freedom press -
Gitlow v. New York
Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal anarchy law, which punished advocating the overthrow of the government by force. the statute penalized utterences without propensity to incitement of concrete action. The New York courts had decided that anyone who advocated the doctrine of violent revolution violated the law. -
Near v. Minnesota
Jay Near published a scandal sheet in Minneapolis, in which he attacked local officials, charging that they were implicated with gangsters.The Supreme Court held that the statute authorizing the injunction was unconstitutional as applied. Freedom of press -
Stromberg v. California
In Stromberg v. California, the U.S. Supreme Court reverses the state court conviction of a 19-year-old female member of the Young Communist League, who violated a state law prohibiting the display of a red flag as "an emblem of opposition to the United States government." Legal commentators cite this case as the first in which the Court recognizes that protected speech may be nonverbal, or a form of symbolic expression. Freedom of speech -
Thornhill v. Alabama
Byron Thornhill joined a picket line that was protesting against his former employer. Section 3448 of Alabama state law made it an offense to picket. Pursuant to the law, Thornhill was arrested and fined $100. Thornhill, a union president, was the only picketer to be arrested and tried under the law. Freedom of petition -
Cantwell v. State of Conneticut
Jesse Cantwell and his son were Jehovah's Witnesses; they were proselytizing a predominantly Catholic neighborhood in Connecticut. The Cantwells distributed religious materials by travelling door-to-door and by approaching people on the street. After voluntarily hearing an anti-Roman Catholic message on the Cantwells' portable phonograph, two pedestrians reacted angrily. The Cantwells were subsequently arrested for violating a local ordinance requiring a permit for solicitation and for inciting. -
Engel v. Vitale
In the New York school system students began each day with a nondenominational prayer acknowleding dependence of God. The court and the Supreme court both agreed that it was unconstitutional and that the government could not sponsor such religious activities. Freedom that was addressed was the Freedom of Religion. -
Edwards v. South Carolina
In an 8-to-1 decision the high court overturned the breach of the peace convictions of 180 black students who had peacefully marched to the state capitol to protest discrimination. The police arrested the students because they were afraid that the 200-300 who gathered to watch the demonstration might cause a riot. The court held the state law because it penalized the exercise of free speech, peaceable assembly, and the right of petition. -
Brown v. Louisiana
The Supreme Court reversed the convictions of five black individuals who participated in an orderly and peaceful sit-in at a local branch library to protest segregation at the library. The court protected their right of petition and freedom of assembly. -
Memoirs v. Massachusetts
A special provision of Massachusetts law allowed the Attorney General to initiate legal proceedings against an "obscene" book, Memoirs of a Woman of Pleasure.Massachusetts courts, despite the defenses put forward by the book's publisher and copyright holder, judged the work to be obscene.The Court reaffirmed that books could not be deemed obscene unless they were unqualifiedly worthless, even if the books possessed Freedom of Press. -
Tinker v.De Moines
Mary Beth Tinker and her brother wore black arm bands to school to protest the Vietnam War. Fearing a disruption the administration prohibited wearing such arm bands. The Tinkers were removed from school when they feld to comply but the Supreme ruled that their actions were protected by the First Amendment, Freedom of Assembly. -
New York Times v. United States
In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security. This case was decided together with United States v. Washington Post Co. Freedom of Press -
Wallace v. Jaffree
An Alabama law athorized teachers to conduct regular religious prayer services and activities in schools class rooms during the day. The court determined the Contitutionality of Alabama's prayer and medication statute by applying the secular purpose test. The statatute clearly lacked any secular purpose there by violating the first Amendment establishment clause. -
Texas v. Johnson
Gregory Lee Johnson burned an American Flag as a means of protest against Reagan Administration policies in front of the Dallas City Hall. He was sentenced to one year in jail and assessed a $2,000 fine. Freedom of Speech. -
Board of Educ. Kiryas Joel Village School
The New York legislator passed a school districting law that intentionally drew its boundaries of the village of Kiryas Joel. The tax payers and the association of state school boards imbarked on a lawsuit claining that the statute created a school district that limited access only yo residence of Kiryas Joel. The court held that the statutes purpose was to exclude all but those who lived in and practiced the village inclaves extreme form of Judaism. Freedom of Religion.
