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Schenck v. United States
During WWI, Charles Schenck passed out flyers which said the draft violates the 13th amendment. He wanted people to stand up with him against the draft. He then was convicted of conspiracy to violate the Espionage Act of 1917 and went to court saying this act violates the first amendment. The result was that the Espionage Act did not violate the first amendment -
Chaplinsky v. New Hampshire
Walter Chaplinsky passed around flyers that attacked religions. He said things like the town marshal was "a damned fascist". This got him arrested for using language that offended others. He then fought that the law violated the first amendment. Walter Chaplinsky was still guilty because his words were considered "Fighting Words" which is illegal and potentially harmful to others. -
West Virginia State Board of Education v. Barnette
The West Virginia State Board of Education required all public stools to say the pledge of allegiance and pledge the flag as a daily activity. Students who did not follow these rules were sent home and some parents were charged for raising a non-obedient kid -
Tinker v. Des Moines
Students wore a black armband to represent that they disagreed with the Vietnam war. They were then kicked out of school and their parents sued the school. The result was that unless they were disturbing class, which they weren't, then they were right to express their freedom of speech. -
Brandenburg v. Ohio
A leader of the Klu Klux Klan made a speech that is considered racist and was convicted criminally as an unlawful act of terrorism. It was then later determined in court that this law violated Brandenburg's first amendment. -
Cohen v. California
A 19-year-old man was sentenced to 30 days in jail for wearing a jacket that stated "F*** the draft. Stop the war." He was charged because a California statute states how one cannot maliciously disturb the peace by any offensive conduct. Cohen won this case because the court decided it was not directed toward anyone. -
Island Trees School District v. Pico
A school board would not allow certain books to be in classrooms and students protested. The school board one because they were legally allowed to do so in the first amendment. -
Texas v. Johnson
A man burned an American flag and was sentenced to a year in jail and was also fined $2,000. This was taken to the supreme court. They decided his action was protected under the first amendment. They also stated how a government cannot punish someone just because their action/statement is disagreed upon. -
Virginia v. Black
a man named Barry Black was criminalized by violating a Virginia statute. The Virginia statute makes it a felony to intimidate a group such as a gender, race, etc. Virginia won this case because Barry Black's actions did not fall under the first amendment and disobeyed Virginia's statute. -
Morse v. Frederick
A student held up a sign at a school event saying "Bong Hits 4 Jesus" The principle then took away the sign and suspended him for 10 days. She said how this poster violated the rule of not being able to display material that promotes illegal drugs. The court was in favor of the principle because the school has the right to not allow promotion of illegal drug use
