-
Creation of the United States
The Declaration of Independence, written by Thomas Jefferson and adopted by the Second Continental Congress, states the reasons the British colonies of North America sought independence in July of 1776. -
Ratification of the U.S. Constitution
The Constitution of the United States established America’s national government and fundamental laws and guaranteed certain basic rights for its citizens. It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia. At the 1787 convention, delegates devised a plan for a stronger federal government with three branches—executive, legislative and judicial—along with a system of checks and balances to ensure no single branch would have too much power. -
The Bill Of Rights
The Bill of Rights guarantees individuals certain basic protections as citizens, including freedom of speech, religion and the press; the right to bear and keep arms; the right to peaceably assemble; protection from unreasonable search and seizure; and the right to a speedy and public trial by an impartial jury. -
Schenck v. United States
During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment. Holmes, speaking for a unanimous Court, concluded that Schenck is not protected in this situation. The character of every act depends on the circumstances. -
Near v. Minnesota
Jay Near published a scandal sheet in Minneapolis, in which he attacked local officials. Minnesota officials obtained an injunction to prevent Near from publishing his newspaper under a state law that allowed such action against periodicals. The Supreme Court held that the statute authorizing the injunction was unconstitutional as applied. -
New York Times Company v. Sullivan
In 1960, the New York Times ran a full-page ad that openly criticized the police department in the city of Montgomery, Alabama for its treatment of civil rights protestors. The Court unamiously held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice– "that is, with knowledge that it was false or with reckless disregard for the truth." -
Tinker v. Des Moines
Two Tinker siblings wore armbands that were in protest of the Vietnam war and the school told them to take them off but they refused & were suspended. The armband was a form of freedom of protest & expression that did not disrupt the class so the students won. This shows that students still have rights under a school zone that cannot be violated unless it causes a disruption in the school -
Miller v. California
Miller, after conducting a mass mailing campaign to advertise the sale of "adult" material, was convicted of violating a California statute prohibiting the distribution of obscene material.The Court ruled that his First Amendment free expression did not protect obscene materials. In this case the material was not artistic, protected by state law, or of interest to the average person. -
Bethel School District v. Fraser
The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. Burger concluded that the First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education." -
Hazelwood v. Kuhlmier
In a 5-to-3 decision, the Court held that the First Amendment did not require schools to affirmatively promote particular types of student speech. The Court held that schools must be able to set high standards for student speech disseminated under their auspices, and that schools retained the right to refuse to sponsor speech that was "inconsistent with 'the shared values of a civilized social order.'" -
Texas v. Johnson
Johnson burned the flag to protest the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag if such action were likely to incite anger in others. The majority of the Court agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. -
Morse v. Frederick
The Court reversed the Ninth Circuit by a 5-4 vote, ruling that school officials can prohibit students from displaying messages that promote illegal drug use. In ruling for Morse, the Court affirmed that the speech rights of public school students are not as extensive as those adults normally enjoy, and that the highly protective standard set by Tinker would not always be applied.
