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First Amendment
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The New York Times v. Sullivan
The NY Times published an article to contribute to Martin Luther King Jr. on perjury charges. The safety commissioner L.B Sullivan thought the criticism of his subordinates was directed to him. Sullivan sent a written request to the Times to publicly retract the information, as required for a public figure to seek punitive damages in a libel action under Alabama law. The NY Times and a group of African american ministers went to Court against Sullivan. The jury awarded $500,000 in damages. -
Flast v. Cohen
Florence Flast and a group of taxpayers challenged federal legislation that financed the purchase of secular textbooks for use in public schools. The first argument was how tax money violated the Establishment clause of the first amendment. And the federal courts should differ when confronted with taxpayers suits directing against federal spending programs. The Court decision was 8 to 1, rejecting the gov. arguments that the constitutional scheme of separation of powers suits against taxpayers. -
Miller vs California
Miller, after conducting a mass mailing campaign to advertise "adult" material sales, was convicted of violating a California statute prohibiting the distribution of obscene material. Some unwilling recipients of Miller's brochures complained to the police, initiating the legal proceedings. The Court decision was 5-to-4, these actions didn't respect the first amendment and describe in a patently offensive way, sexual conduct specifically defined by the applicable state law; -
Gertz vs Robert Welch Inc.
Gertz was an attorney hired by a family to sue a police officer who had killed the family's son. The American Opinion accused Gertz of been a "Leninist" and a "Communism-fronter" because he was helping to present suit against officers. The Court reversed the lower court decision and holding that Gertz's rights were violated and ordering a new trial. Gertz won the veredict and also was awarded with $50,000. -
FCC vs Pacifica foundation
The first amendment protection extended on daytime for the broadcast of the comedian George Carlin making the Supreme Court to held the section 236 of Telecommunication Acts, which prohibits the FCC of doing any broadcasts on radio and TV, but not limiting the content on the broadcast. The court decided to let the broadcast to continue on radio and TV but reduce the content -
Poling vs Murphy
The court case starts with Plaintiff Dean Poling, an honor student who supposed to become the president of his senior class, after qualifying as one of the candidates for the Unicoi High School council presidency. After been rude and discourteous at an assembly he was removed form the list of candidates. He presented an action of federal court against school principal, defendant Ellis Murphy, and other administrators. The fact that the speech was expressive activities no one broke the amendment. -
Church of Lukumi Babalu Aye v. City of Hialeah
The Church of Lukumi Babalu Aye practiced the Afro-Caribbean-based religion of Santeria. Santeria used animal sacrifice as a form of worship in which an animal's carotid arteries would be cut and, except during healing and death rights, the animal would be eaten. The city council adopted several ordinances addressing religious sacrifice. The Court the city council adopted several ordinances addressing religious sacrifice. The ordinances failed to survive the rigors of strict scrutiny. -
Capitol Square Review and Advisory Bd. v. Pinette
The Ku Klux klan organization tried to place to an unattended cross on Capitol square, the state house plaza Columbus, Ohio during Christmas season. Ohio did a discussion of public questions and for public activities to regulate access to the square. The Court noticed the drama was based on religious speeches and it was allowed due to the fact the speech was protected by the Free speech clause. -
Elk Grove Unified school District vs Meadow
These event started Michael Meadow filed a suit against the Elk Grove Unified School District after he stood as a parent claimed that the pledge interferes with his daughter religious education with the dialogue "under god". The court Lemon test, Endorsement test, and Coercion test to understand if the line of "under god" broke any rule and it violated the Establishment clause. The Court case concluded with keeping the words "under god" in the pledge. -
Unites States, et al. v. American Library Association Inc.
The Supreme court in this case upheld the Children's Protection Protection Act, which gives federal funds libraries to avoid access to child pornography and/or harmful of minors. Chief Justice Rehnquist announced to the judge that was a Constitutional matter. These held the CIPA to maintain the Congress giving power and imposing limitations that Internet assistance provides. The court decided to maintain the CIPA which did not violated the First Amendment.
