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Schenck v. United States
During WW1, Charles Schenck distributed pamphlets criticizing the draft as unconstitutional under the 13th Amendment outlawing involuntary servitude. He was arrested and convicted under the Espionage Act. He challenged the case in the Supreme Court. The Court found that Espionage Act didn't violate the First Amendment's right to speech because Congress had the power to pass certain laws during wartime. -
Tinker v Des Moines
Mary Beth Tinker and a group of her fellow students wore black arm bands to protest the Vietnam War. The school district suspended her, her brother, and other students for wearing the arm bands after a preemptive ban. She challenged the ban for violating her First Amendment right to freedom of speech. The court found in her favor and issued the famous quote that, "[students dont] shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” -
New York v. Ferber
Paul Ferber owned a shop in New York. He sold two undercover police officers a movie of two boys under the age of 16 engaging in sexual activity. After being convicted of the crime under New York's child pornography law, Mr. Ferber challenged the law based on the fact that it was so general it violated his First Amendment rights. The court upheld New York's law because Miller v California decided that states have the right to regulate obscene material. -
Bethel School District No. 403 v. Fraser
At a school assembly for elected office, Mathew Fraser gave a sexual innuendo filled speech to the whole school. Fraser was suspended from school for use of obscene language. This case was decided by the Burger Court. The court decided that schools have the right to limit the First Amendment's right to speech if it disrupts the learning environment. -
Osborne v. Ohio
Clyde Osborne's home was legally searched by police. Inside the home, they found pictures of nude children. This case went up the court system because Ohio had a law banning child pornography. Osborne argued this violated his First Amendment right to speech. In a 6-3 decision, the Court decided that the state of Ohio had constitutionally had the power to criminalize the possession of child pornography. -
Church of Lukumi Babalu Aye, Inc. v. City of Hialeah
A church in Hialeah, Florida practiced the religion of Santeria. Santeria practiced animal sacrifice as part of their religon. The city council passed several ordinances outlawing this practice. This resulted in the Church suing arguing that their First Amendment right to freedom of religion had been violated. In a unanimous decision, the Supreme Court decided that the First Amendment rights had in fact been violated. -
Guiles v. Marineau
The plaintiff in this case, Zachary Guiles, wore a t shirt protesting the Bush presidency with a depiction of drugs and alcohol. The student was sent home after refusing to censor his own shirt. The student sued the school district to expunge the punishment from his record based on the fact that the school violated his First Amendment right to speech. The court decided that despite the fact it depicted drugs and alcohol, the shirt was a political protest and therefore protected under the FA. -
Morse v Frederick
In 2002, a group of students at an Alaskan high school were permitted to leave class to watch the Olympic Torch pass their high school. Joseph Frederick, who was late to school that day, showed up with a banner that read "Bong Hits 4 Jesus". The principal suspended him for 10 days. He challenged the punishment for violating his First Amendment rights. The court decided that schools can limit speech if it advocates for drug use. -
Snyder v Phelps
Mathew A Snyder was killed in Iraq. The Westboro Baptist Church protested his funeral based on the fact he was Catholic and a soldier. Snyder's father sued for defamation and invasion of privacy. As the issue went to the higher courts, the question at hand was if WBC had the legal right to protest a funeral. In a 8-1 decision, the Supreme Court decided that the Westboro Baptist Church had the First Amendment to speech and assembly. -
United States v. Alvarez
Mr. Alvarez at a district board meeting claimed to be a US Marine who won the Congressional Medal Honor and was wounded in combat. He was indicted on the Stolen Valor Act which stated that citizens can't make false claims of military service or commendations. On a 6-3 decision, the Supreme Court found that the portion of the Stolen Valor law that prohibited the aforementioned false statements was unconstitutional.
