First Amendment Court Challenges

By angtokarczyk

  • West Virginia v. Barnette

    West Virginia BOE required public schools to include mandatory salutes to the flag, kids who refused to salute the flag were sent home bc of non-compliance, threatened with reform school & their parents were prosecuted for causing juvenile delinquency. The Court decided that unity of opinions can't be enforced and that there should not be forced respect on national symbols.

  • United States v. O’Brien

    David O'Brien burned his draft card at a Boston courthouse as a way to express his opposition to the war. He was convicted for the destruction or mutilation of drafts cards. It was ruled that a criminal prohibition for burning draft cards did not go against the First Amendment.

  • Brandenburg v. Ohio

    As a leader in the KKK, Brandeburg made a speech at KKK rally and was convicted for criminal syndicalism by Ohio. He went against the law by advocating things like crime and violence as criminal syndicalism to groups of people. The court decided that hate speech is allowed under the First Amendment as long as it does not cause any violence.

  • Cohen v. California

    Paul Cohen, 19, showed opposition to the Vietnam War by wearing a jacket that said, "F*** THE DRAFT. STOP THE WAR". He was charged under a California statute that prohibits "maliciously and willfully disturb[ing] the peace and quiet of any neighborhood or person [by] offensive conduct." Cohen was protected by the 1st amendment because the words on his jacket was not directed to anybody and it would not cause any riot or violence.

  • Island Trees School District v. Pico

    The Island Trees Union Free School District's Board of Education, despite the recommendations of the parents and the staff, removed certain books from the district's junior high and high school libraries. The Court decided that the First Amendment does not allow the Board of Education to remove books because of their content.

  • Texas v. Johnson

    In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas City Hall to protest the Reagan administration policies. He was convicted for flag desecration in Texas which led to his sentence for one year in jail and $2000 fine. It went to the Supreme Court after the Texas Court of Criminal Appeals reversed the conviction. It was ruled that his protest of burning the flag was protected by the 1st amendment.

  • R.A.V. v. St. Paul

    Multiple teenagers burned a cross on an African American family's lawn and, as a result, the police charged one of the teens under a local bias-motivated criminal ordinance. This prohibited the display of a symbol which "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender". The First Amendment stopped there from being any consequences because the gov can't punish speech or conduct just for the ideas it expresses.

  • Watchtower Bible and Tract Society v. Stratton

    Stratton made an O that prohibited people from entering private residential properties to promote any cause without a permit. The Watchtower Bible and Tract Society of NY, Inc., (Jehovah's Witnesses) which published and distributed religious materials, said the O violated the 1st Amend to free exercise of religion, free speech, and freedom of the press. The Court upheld most provisions of the O as valid, content-neutral regulations. The Court ruled that the O violated the 1st Amend.

  • Virginia v. Hicks

    The Richmond Redevelopment and Housing Authority owned the Whitcomb Court housing development. The RRHA made a policy that made Richmond police tell if there was any person who lacked "legitimate business or social purpose" for being on the property. People who stay/return after being notified should be arrested. Nonresident Kevin Hicks returned and was arrested. The court ruled that Whitcomb Court was a “traditional public forum” and that the policy was too vague, agreeing with Hicks.

  • Morse v. Frederick

    In a school event, Joseph Frederick showed a banner that said: "Bong Hits 4 Jesus". The principal suspended Frederick for 10 days for promoting the use of illegal drugs. In return, Frederick sued for the violation of his freedom of speech. Since Frederick was suspended for what his banner said and not for a disturbance, the Court found the punishment unconstitutional. It was overturned later that the school didn't violate the First Amendment because he promoted illegal drugs.