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Whitney v. California
Anita Whitney was a founding member of the Communist Labor Party of California and was prosecuted under California's Criminal Syndicate Act for helping to form a group that sought bring about change through violence. She claimed that the Act was a violation of her 1st amendment rights. In a unanimous decision it was decided that her conviction did not violate the amendment. They said that the freedom speech did not include situations of inciting violence. -
West Virginia State Board of Education v. Barnette
The West Virginia State Board of Education required that all public schools include salutes to the flag as part of school activities. The Barnette children refused to salute the flag and were expelled, threatened with reform school, and their parents were prosecuted for causing juvenile delinquency. In a 6-3 decision the court stated that forcing student to salute the flag was unconstitutional. -
Butler v. Michigan
Alfred Butler sold John H Griffin's book "The Devil Rides Outside" to a police officer and was then arrested for violating Michigan's obscenity statute. The judge held that the book contained obscene language that could corrupt minors. Butler appealed and argued that the statute violated his right to free speech. The supreme court conclude with a 9-0 majority that the statute violated the 1st Amendment. -
Tinker v. Des Moines Independent Community School District
In 1965 students in Des Moines met and decided to protest the Vietnam War by wearing black armbands in school. The principals of Des Moines discovered the plan and met to policy that prohibited the students from wearing an armband, they would be asked to remove it and if refused they would be suspended. 3 students wore the armbands and were sent home. The court sided with the students and said that a students 1st amendment rights were not left at the gates and they had the freedom of expression. -
New York Times Company v. United States
The New York Times and Washington Post attempted to publish would become known as the "Pentagon Papers". The Nixon Administration tried to prevent them from publishing materials deemed classified stating that it posed a threat to national security. SCOTUS found the President's attempt to be a direct violation of the 1st amendment. The cited that the publishing of the papers would pose no real threat to the American forces. -
R.A.V. v. St. Paul
Several teens allegedly burned a cross on a black family's lawn. The police charged one of teens under a local ordinance which prohibits a symbol that rouses anger, alarm, or resentment on another person. However, in a 9-0 vote the supreme court held the ordinance invalid. They said the first amendment prevents the government from punishing speech and expressive conduct because it disapproves of the ideas expressed. -
Lamb's Chapel v. Center Moriches Union Free School Dist.
A New York law allows schools to regulate after-hour use of schools property and facilities. The Center Moriches School District prohibited the use of its property by any religious group. The school refused the request of Lamb's Chapel to show after-hour religious oriented films. The court decided unanimously that the district violated the 1st amendment by refusing the Chapel to show films. -
City of Ladue v. Gilleo
Margaret Gilleo place a sign calling for peace in the Persian Gulf on her front yard. The first sign disappeared and the second was knocked down. She reported the incidents to the police who told her the signs were prohibited. She sued the city and the city repealed the law instated a new one to include window signs, she placed a sign in her window to protest the ordinance. The supreme court ruled unanimously that the ordinance violated Gilleo's right to free speech. -
McIntyre v. Ohio Election Commission
Margaret McIntyre distributed leaflets opposing a proposed school tax levy. She labeled them as views from the "Concerned Parents and Tax Payers". She was later fined $100 for violating the Ohio Commission Code which prohibited the distribution of campaign literature without the name and address of the person or campaign official issuing the literature. The Supreme Court sided with McIntyre stating the the 1st Amendment protected the freedom to publish anonymously. -
Tattered Cover, Inc. v. City of Thornton
An investigation by the Thornton police department was launched when they phone two books in a man's house about the creation of amphetamines and found a Tattered Cover mailer in the garbage. The city police tried to force Tattered Cover to release the purchase history of the suspect. The Supreme Court ruled that under the 1st Amendment Tattered Cover did not have to release any records as the man had a write to purchase privacy.
