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The US is created
The Continental Congress adopts the final draft of the Declaration of Independence on July 4 -
The 1st amendment is adopted
The First Amendment, along with the rest of the Bill of Rights, was submitted to the states for ratification on September 25, 1789, and adopted on December 15, 1791. -
"Clear and present danger" principle established
Supreme Court decides Schenck v. U.S., establishing "clear and present danger" rule for deciding when speech may be restricted. Schenck and others had been accused of urging draftees to oppose the draft and “not submit to intimidation.” Justice Holmes also writes that not all speech is protected by the First Amendment, citing the now-famous example of falsely crying “fire” in a crowded theater. -
Sedition Act of 1918 repealed
Congress repeals the Sedition Act of 1918. Which was an Act of the United States Congress that extended the Espionage Act of 1917 to cover a broader range of offenses, notably speech and the expression of opinion that cast the government or the war effort in a negative light or interfered with the sale of government bonds -
Scopes Trial on evolution in public schools
The “Scopes Monkey Trial” occurs in Dayton, Tenn. School-teacher John Thomas Scopes is found guilty of violating a Tennessee law which prohibits teaching the theory of evolution in public schools. The case pits famed orator William Jennings Bryan against defense attorney Clarence Darrow. -
Tinker v. Des Moines Independent Community School District
The Supreme Court established the "Tinker Test", the standard that public schools must meet before legally restricting free speech or expression of students. The free expression of public school students can only be restricted if it threatens a material and substantial disruption of the educational process, or invades the rights of others. -
Bethel School District v. Fraser
The school did not violate the student’s rights. The 1st Amendment does not prevent a school district from disciplining a student for using speech that is lewd or indecent. It is the responsibility of the school to prohibit the use of vulgarity, and to teach students about the boundaries of appropriate behavior. The school district did not overstep its authority by punishing the student. -
Hazelwood School District v. Kuhlmeier
The school district did not violate the rights of students. Public schools can regulate, with some limitations, the content of student newspapers and other publications that are paid for by the school and bear its name. Student newspapers are considered limited public forums, and are subject to lesser 1st Amendment protections. Educators are not in violation of the 1st Amendment when censoring school-sponsored publications, so long as their actions are reasonably related to educational concerns. -
United States v. United Foods, Inc.
The Court decided the assessment requirement violates the First Amendment. Justice Kennedy wore for the Court that “the mandated support is contrary to the First Amendment principles set forth in cases involving expression by groups which include persons who object to the speech, but who, nevertheless, must remain members of the group by law or necessity.” -
United States v. American Library Association, Inc.
The Court held that, because public libraries’ use of Internet filtering software does not violate their patrons’ First Amendment rights, CIPA does not induce libraries to violate the Constitution and is a valid exercise of Congress’s spending power. -
Morse et al. v. Frederick
The Court reversed the Ninth Circuit by a 5-4 vote, ruling that school officials can prohibit students from displaying messages that promote illegal drug use. The majority held that Frederick’s message, though “cryptic,” was reasonably interpreted as promoting marijuana use. In ruling for Morse, the Court affirmed that the speech rights of public school students are not as extensive as those adults normally enjoy, and that the highly protective standard set by Tinker would not always be applied. -
Trinity Lutheran Church of Columbia, Inc. v. Comer
The Court ruled that excluding religious organizations from otherwise neutral and secular and aid programs violates the Free Exercise Clause of the First Amendment.
