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Debs v. United States
Eugene Debs made a public speech that told his audience to interfere with military recruitment during World War I. He was charged for violating the Espionage Act of 1917.He was also accused of attempted interference with recruitment and enlistment. He appealed his conviction on First Amendment grounds. The Court upheld Debs’s conviction and reasoned that Debs's case was similar to Schenck v. United States. His conviction was valid. -
Gitlow v. New York
Gitlow was arrested in 1919 for distributing a “Left Wing Manifesto" that called for the establishment of socialism through strikes and class action. He was convicted under New York’s Criminal Anarchy Law, which punished advocating the overthrow of the government by force. He argued that since there was no resulting action from the manifesto's publication, the statute shouldn't have punished him. The appellate division and the New York Court of Appeals affirmed his conviction. -
United States v. O'Brien
David O'Brien burned his draft card at a Boston courthouse. He said he was expressing his opposition to war. He was convicted under a federal law that made the destruction of draft card a crime. This case was a decision by the Supreme Court of the United States, which ruled that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. -
Cohen v. California
This case was a United States Supreme Court case in which the Court held that the First Amendment prevented the conviction of Paul Cohen for the crime of disturbing the peace by wearing a jacket displaying "F*** the Draft" in the public, in the California courthouse. Since, Cohen didn't intend to disrupt the draft, he could not be punished for the message. Cohen's choice of words was considered fighting words, and under the 1st and 14th amendment. the gov. could not convict him of any crime. -
Board of Education v. Pico
The Island Trees Union Free School District's Board of Education ordered that certain books be removed from its district's junior high and high school libraries. The Board said such books were: "anti-American, anti-Christian, anti-Semitic, and just plain filthy." Steven Pico and other students challenged the Board's decision to remove the books. The Board could not restrict the availability of books in its libraries simply because its members disagreed with their idea content. -
Reno v. ACLU
The constitutionality of two provisions in the 1996 Communications Decency Act was challenged. Intended to protect minors from unsuitable internet material, the Act criminalized the intentional transmission of "obscene or indecent." They were joined by the District court, but forgot one provision, against inherit protection for child pornography. The court held that it violated the 1st amend. The act was defined as too vague.The Court refused to address any Fifth Amendment issues. -
Watchtower Bible and Tract Society v. Stratton
The Village of Stratton created an ordinance that prohibits canvassers from entering private residential property to promote any cause without first obtaining a permit. The Watchtower Bible and Tract Society of New York brought an action for alleging that the ordinance violates their First Amendment rights to the free exercise of religion, free speech, and freedom of the press. The Court of Appeals affirmed, concluding that the Village's interests in protecting its residents -
Virginia v. Hicks
The Richmond Redevelopment and Housing Authority owns and operates Whitcomb Court, a low-income housing development. They enacted a policy authorizing the Richmond police to notify any person lacking a legitimate business or social purpose for being on the premises and arrest for trespassing. Kevin Hicks arrested and convicted for this. The Virginia Court of Appeals dismissed his conviction. They found the policy unconstitutionally over broad in violation of the First Amendment. -
Morse v. Frederick
Joseph Frederick, displayed a banner with the message Bong Hits 4 Jesus across the street from his school. His principal, Deborah Morse, suspended him for violating their school's policy. Frederick argues that he had First Amendment protection because he was not on school grounds. The court granted an order to decide a case that will have a significant impact on the Court’s student speech doctrine. With this the court determined whether it would expend the categories of speech capability. -
J.S. v. Blue Mountain School District
Eighth grade student J.S. and her friend were suspended for 10 days for creating a MySpace profile about their principal James McGonigle. The lower court that reviewed the evidence supported the actions of the school, ruling that students can be disciplined for off campus behavior. The Third Circuit Court of Appeals ultimately ruled that the school district violated J.S.'s First Amendment free speech rights when it suspended her for speech that caused no substantial disruption in school.
