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First Amendment Court Cases

  • Schenck v. United States

    Schenck v. United States
    Freedom of speech can be limited during wartime. The government can restrict expressions that “would create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”
  • West Virginia v. Barnette

    West Virginia v. Barnette
    The West Virginia Board’s policy requiring students and teachers to recite the Pledge of Allegiance was unconstitutional. Court held government cannot “force citizens to confess by word or act their faith” in matters of opinion.
  • United States v. O’Brien

    United States v. O’Brien
    The First Amendment did not protect burning draft cards in protest of the Vietnam War as a form of symbolic speech.
  • Tinker v. Des Moines

    Tinker v. Des Moines
    In wearing armbands, the petitioners were quiet and passive. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment
  • Miller v. California

    Miller v. California
    This case set forth rules for obscenity prosecutions, but it also gave states and localities flexibility in determining what is obscene
  • Island Trees School District v. Pico

    Island Trees School District v. Pico
    The Supreme Court ruled that officials could not remove books from school libraries because they disagreed with the content of the books’ messages.
  • Texas v. Johnson

    Texas v. Johnson
    Flag burning as political protest is a form of symbolic speech protected by the First Amendment.
  • Poling v. Murphy

    Poling v. Murphy
    Educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.
  • United States v. American Library Association

    United States v. American Library Association
    The federal government could require public libraries to use Internet-filtering software to prevent viewing of pornography by minors. The burden placed on adult patrons who had to request the filters be disabled was minimal.
  • Virginia v. Hicks

    Virginia v. Hicks
    Richmond could ban non-residents from public housing complexes if the non-residents did not have “a legitimate business or social purpose” for being there. The trespass policy was not overbroad and did not infringe upon First Amendment rights.
  • Guiles v. Marineau

    Guiles v. Marineau
    The right of a student in the public schools to wear a shirt insulting the President of the United States and depicting images relating to drugs and alcohol.
  • Morse v. Frederick

    Morse v. Frederick
    The First Amendment didn't protect a public school student’s right to display a banner reading “Bong Hits 4 Jesus”. While students have the right to engage in political speech, the right was outweighed by the school’s mission to discourage drug use.