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1926 H.L. Mencken
H.L. Mencken is arrested for distributing copies of American Mercury. Censorship groups in Boston contend the periodical is obscene. -
1943 National Broadcasting Co v. United States
In National Broadcasting Co. v. United States, the U.S. Supreme Court states that no one has a First Amendment right to a radio license or to monopolize a radio frequency. -
1972 Wisconsin v. Yoder
In Wisconsin v. Yoder, the U.S. Supreme Court rules that Wisconsin cannot require Amish children to attend school beyond the eighth grade on the grounds that doing so would violate the free exercise of religion. The Court holds that “only those interests of the highest order and those not otherwise served can overbalance legitimate claims to the free exercise of religion.” -
1978 FCC v. Pacifica
The U.S. Supreme Court upholds the power of the FCC to regulate indecent speech broadcast over the air. In FCC v. Pacifica, the Court allows FCC regulation because the broadcast media are a “uniquely pervasive presence” and easily accessible to children. The Court, however, does make clear that, although the government can constitutionally regulate indecent speech in the broadcast media, it does not have power to enforce a total ban on such speech. -
1987 Turner v. Safley
The U.S. Supreme Court upholds a Missouri regulation limiting inmates’ mail correspondence, while striking down a regulation prohibiting inmates from marrying. The Court in Turner v. Safley establishes the following standard in inmate cases: “when a prison regulation impinges on inmates’ constitutional rights, the regulation is valid if it is ‘reasonably related’ to legitimate penological interests.” -
1991 Rust v. Sullivan
The U.S. Supreme Court in Rust v. Sullivan upholds a federal program that prevents those receiving federal funding for reproductive health services from discussing abortion as a method of family planning. The Court explains: “The Government can, without violating the Constitution, selectively fund a program to encourage certain activities it believes to be in the public interest, without at the same time funding an alternative program which seeks to deal with the problem in another way.” -
1997 Reno v. ACLU
The U.S. Supreme Court in Reno v. ACLU rules that some provisions in the federal Communications Decency Act of 1996 are unconstitutional. The Court concludes that the act, which makes it a crime to display indecent or patently offensive material on the Internet where a child may find it, is too vague and tramples on the free-speech rights of adults. -
2000 Mitchell v. Helms
The U.S. Supreme Court in Mitchell v. Helms finds that a federal program allowing states to lend educational material and equipment to both public and private schools does not violate the establishment clause. -
2003 Eldred v. Ashcroft
The U.S. Supreme Court rejects constitutional challenges (including one based on the First Amendment) to the Copyright Term Extension Act, which extended the copyright protection term by 20 years. The Court reasoned in Eldred v. Ashcroft that copyright law already has built-in First Amendment protections in the fair-use doctrine and the expression-idea dichotomy principle (providing that copyright protects expressions, not ideas). -
2007 Morse v. Frederick
In Morse v. Frederick, the U.S. Supreme Court rules that principal Deborah Morse did not violate the First Amendment rights of high school student Joseph Frederick when she punished him for displaying a “Bong Hits 4 Jesus” banner on a public street directly across from his school while the Winter Olympic Torch Relay passed through Juneau, Alaska. The Court creates a “drug speech” exception to the Court’s landmark student-speech case, Tinker v. Des Moines Independent Community School District. -
2010 Citizens United v. FEC
In Citizens United v. FEC, the U.S. Supreme Court decides that limitations on corporate spending in elections, including political ads or so-called “electioneering communications,” violate First Amendment political free-speech rights. Corporations may spend unlimited amounts to support a candidate although direct contributions to candidates by corporations are still prohibited. -
2011 Snyder v. Phelps
In Snyder v. Phelps, the U.S. Supreme Court rules that the Westboro Baptist Church’s protest at the funeral of slain Marine Matthew Snyder was protected by the First Amendment. The Court holds that the protesters were on public property and engaged in peaceful speech on matters of public concern.
