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First Amendment
The First Amendment to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, -
Schenck v. United States
During World War I, socialists Charles Schenck and Elizabeth Baer distributed leaflets declaring that the draft violated the Thirteenth Amendment prohibition against involuntary servitude. The leaflets urged the public to disobey the draft, but advised only peaceful action. Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. -
Near v. Minnesota
The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution -
Cox v. New Hampshire
A New Hampshire state statute prohibited parades, processions, and open-air gatherings in public spaces without a special license granted by the town selectman or licensing body. On July 8, 1939, Willis Cox, Walter Chaplinsky, John Konides and nearly 80 others gathered in a hall in Manchester, New Hampshire with the purpose of conducting an "information march" during which they would carry signs and hand out leaflets. The group did not apply for a permit. -
Garner v. Board of Public Works
statute enacted in Maryland authorized the payment of state funds to any private higher education institute that met a set of minimum criteria and refrained from awarding “only seminarian or theological degrees.” The grants were non categorical.Four Maryland taxpayers sued to challenge the constitutionality of the statute and argued that the statute benefited certain church-affiliated institutions that are constitutionally ineligible -
Wallace v. Jaffree
An Alabama law authorized teachers to conduct regular religious prayer services and activities in school classrooms during the school day. Three of Jaffree's children attended public schools in Mobile.The Court held that Alabama's passage of the prayer and meditation statute was not only a deviation from the state's duty to maintain absolute neutrality toward religion, but was an affirmative endorsement of religion. -
Bethel School District No. 403 v. Fraser
At a speech of about 600 students Fraser made a speech to elect a fellow student for office and Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. He violated school policy and as a disciplinary act they suspended him for 2 days. -
Texas v. Johnson
in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine.The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. -
Good News Club v. Milford Central School
Stephen and Darleen Fournier were district residents eligible to use the school's facilities.The Fourniers submitted a request to hold the Club's weekly after school meetings at the school.Milford denied the request reasoning that the proposed use, including singing songs, hearing Bible lessons, memorizing scripture, and praying, was the equivalent of religious worship prohibited by the community use policy. -
Tory v. Cochran
Johnnie Cochran sued his former client Ulysses Tory in a California court for making defaming statements. Tory had tried to force Cochran to pay him money in exchange for desisting, Cochran argued. A judge agreed and ordered Tory to never talk about Cochran again. Tory appealed unsuccessfully in state court, arguing the order violated his First Amendment right to free speech. The U.S. Supreme Court agreed to hear the case. Cochran died one week after oral argument. -
Harris v. Quinn
Harris is a personal care assistant who provides in-home care to disabled participants in the Home Services Program administered by a division of the Illinois Department of Human Services.Harris and other personal assistants from both programs sued Governor Pat Quinn and the unions and claimed that the fair share fees violated their freedom of speech and freedom.
