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Schenck v. United States
Justice Oliver Wendell Holmes stated in this case his famous quote about "falsely shouting fire in a theatre". He set forth a "clear and present danger test" to judge whether speech is protected by the First Amendment. Schenck was charged with conspiracy to violate the Espionage Act of 1917. Schenck and Baer were convicted of breaking this law. -
Brandenburg v. Ohio
Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The Court's opinion held that the Ohio law violated Brandenburg's right to free speech. -
Tinker v. Des Moines
In December 1965, a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for peace in the Vietnam war. They decided to wear black armbands throughout the holiday season. On December 16, Mary Beth Tinker and Christopher Eckhardt wore their armbands, to protest, in school and were sent home.The Supreme Court held that the armbands represented pure speech in a 7 to 2 vote. -
Cohen v. California
A 19-year-old department store worker showed his dislike to the Vietnam War by wearing a jacket with "FUCK THE DRAFT. STOP THE WAR" Paul Cohen, was charged under a California rule that prohibits "maliciously and willfully disturbing the peace and quiet of any neighborhood or person by offensive conduct." Cohen was found guilty and sentenced to 30 days in jail. In an opinion by Justice John Marshall Harlan, the Court said that it was not directed toward anyone, so it was overturned. -
Miller V. California
Miller sent a mass mailing campaign to advertise the sale of "adult" material, was convicted of breaking a California rule not allowing the sale of inappropriate material. Some people that got Miller's brochures complained to the police, starting the legal process. in a 5-to-4 decision, the Court said that the material did not have First Amendment protection. -
Island Trees School District 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. In support of their actions, the Board said that the books were: "anti-American, anti-Christian, anti-Semitic, and just plain filthy." -
Texas v. Johnson
In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag to protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag burning. He was sentenced to one year in jail and given a $2,000 fine. After the Texas Court of Criminal Appeals changed the conviction, the case went to the Supreme Court. In a 5-to-4 decision, the Court said that Johnson's burning of a flag was protected under the First Amendment. -
R.A.V. v. St. Paul
teenagers allegedly burned a cross on a black family's lawn. The police charged one of the teens with burning of a symbol which "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender." The trial court dismissed this charge. The state supreme court changed. R.A.V. appealed to the U.S. Supreme Court. In a 9-to-0 vote, the justices said the ordinance on its face because "it prohibits otherwise permitted speech". -
United States v. American Library Association
Congress passed the Children's Internet Protection Act in 2000, requiring public libraries to get internet filtering software on their computers in order to get federal funding. The American Library Association and others challenged the law, saying that it improperly required them to restrict the First Amendment rights of the people. In a 6-3 judgment delivered by Chief Justice William H. Rehnquist, the Court said that it does not violate the first amendment. -
Morse v. Frederick
At a school event, Joseph Frederick held up a banner with the words "Bong Hits 4 Jesus," a reference to weed smoking. Principal Deborah Morse took away the banner and suspended Frederick for ten days. The Court reversed it by a 5-4 vote, ruling that school officials can prohibit students from showing messages that promote illegal drug use.
