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Schenck v. United States
Schenck establishes the Clear and Present Danger Test to determine speech that is not protected by the First Amendment. This case is notorious for the saying “you can’t yell fire in a crowded theater” in the sense that you cannot say something directly “inciting” someone to commit an act of violence. Schenck acts as a clear predecessor to Brandenburg. [https://www.oyez.org/cases/1900-1940/249us47] -
Chaplinsky v. New Hampshire
Chaplinsky established the ‘Fighting Words’ Doctrine. Fighting Words are words not protected by the First Amendment. These words, in the very act of being said, cause a breach of peace or injury. Read more here: [http://katelaheywrites.com/feature/key-case/chaplinsky-v-new-hampshire-1942/] -
Brandenburg v. Ohio
Brandenburg established what became known as the Incitement Test. For speech to reach the standard of incitement, it must incite “imminent lawless action”; otherwise the speech remains protected both under the First and Fourteenth Amendment. Read more here: [http://katelaheywrites.com/feature/key-case/brandenburg-v-ohio-1969/] -
Cohen v. California
Cohen v. California establishes that the government “cannot criminalize the display of profane words in public places” (Hudson). In the case itself, the defendant, Paul Cohen was arrested for wearing a jacket with profane words against the Vietnam draft Cohen appealed his decision up to the Supreme Court where his verdict was reversed and deemed protected under the First Amendment. [https://www.mtsu.edu/first-amendment/article/295/cohen-v-california] -
Commonwealth v. Carter
Commonwealth v. Carter held that Michelle Carter was guilty of involuntary manslaughter as a result of a series of text messages between herself and the victim where she essentially instigated him to commit suicide. The text messages leading up to the eventual death Conrad Roy explicitly encourage and urge to Roy to end his life. Read more here: [http://katelaheywrites.com/feature/key-case/commonwealth-v-carter-2019/]