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Schenck v. United States, 1919
During World War I, Charles Schenck and Elizabeth Baer distributed papers saying that the draft violated the Thirteenth Amendment prohibition against involuntary service. The leaflets influenced the public to go against the draft, but suggested only peaceful action. Schenck and Baer were convicted of obstructing recruitment. While they said the statute violated the First Amendment, the Court said the Espionage Act didn't, and that those leaflets went against the First Amendment. -
Chapilinsky v. New Hampshire, 1942
In downtown Rochester, Walter Chaplinsky was passing out writings that dealt with his beliefs as a Jehovah's Witness, and attacked more standard religions. Chaplinsky called the town marshal "a God-damned racketeer" and "a damned Fascist," and was arrested under a state law that didn't allow offensive or annoying speech in a public area. The Supreme Court said Chaplinsky used fighting words, and breached peace. Therefore, his conviction was justified. -
West Virginia State Board of Education v. Barnette, 1943
The West Virginia Board of Education ordered students to participate daily in a salute to the U.S. flag. The Barnette kids, all Jehovah's Witnesses, were expelled from school for refusing to participate in the flag salute, because it went against their beliefs. However, the Supreme Court established that the Free Speech Clause protects students from being forced to salute the flag, or say the Pledge of Allegiance in school. -
Engel v. Vitale, 1962
The New York State Board of Regents wanted to have a voluntary prayer to begin each school day. Some organizations joined together to challenge the prayer, and said that it violated the Establishment Clause of the First Amendment. The Supreme Court stated that this action did violate the First Amendment, and that the government had no business in starting prayers. -
United States v. O'Brien, 1968
David O'Brien was convicted for burning his draft card at a Boston courthouse. O'Brien claimed that this was a form of expressing his opposition to war, and that this violated the Freedom of Speech portion of the First Amendment. His trial was used to release his anti-war views on the public, and said being convicted of burning draft cards infringed on free speech. -
Tinker v. Des Moines Independent Community School District, 1969
Three public school students, John Tinker, Christopher Eckhardt, and Mary Beth Tinker, wore black armbands to school to protest the Vietnam War. The school district formed a policy forbidding them when they heard about their plan. Regardless, Eckhardt and the Tinkers wore the armbands, and were suspended from school. After suing the district for violating their 1st Amendment rights, the Court said the armbands symbolized pure speech, but the students did not lose their rights. -
New York Times Company v. United States, 1971
Known as the "Pentagon Papers Case," the Nixon Administration tried to prevent the Washington Post and New York Times from releasing information that belonged to a classified Defense Department study on the history of U.S. activities in Vietnam. The President claimed that implementing prior restraint to protect national security was necessary. In contrast, the Supreme Court deemed it as unjustified because publication of this would not cause an immediate public uproar on American forces. -
Island Trees School District v. Pico, 1982
Parents of New York United complained to a school board that the schools' policy on books were too lenient. Nine books were said to be filthy, so they were removed in February of 1976. However, Senior Steven Pico and four other students claimed that the books were taken away because some passages offended NYU's political, social, and moral tastes. The Court held that the Board couldn't restrict the availability of books in its libraries only because its members disagreed with their content. -
Hazelwood School District v. Kuhlmeier, 1988
Two articles were removed from Hazelwood East High School's newspaper due to their content being deemed inappropriate. The articles were removed because the principal found their content offensive; one discussed divorce, while the other was about teen pregnancy. Cathy Kuhlmeier and two other students from Hazelwood's journalism class sued the school, claiming their 1st Amendment rights were violated. The Court said that schools can refuse speech that doesn't follow everyone's shared values. -
Texas v. Johnson, 1989
In front of the Dallas City Hall, Gregory Lee Johnson burned an American flag to protest against Reagan administration policies. Johnson was convicted under a Texas law that forbid flag desecration, and was sentenced to one year in jail with a $2,000 fine. The Supreme Court deemed it as acceptable because it was expressive conduct. They also said that the state doesn't have the authority to designate symbols with a limited sets of messages. -
Morse v. Frederick, 2007
While at a school-supervised event, Joseph Frederick was suspended for holding up a banner that said "Bong Hits 4 Jesus". Frederick sued, saying this violated the First Amendment. The Supreme Court said that it is permissible for school officials to prohibit students from displaying messages promoting illegal drug use, and Joseph Frederick's suspension was acceptable.
