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Debs v. United States
Similar to the Schenck v. United states Eugene Debs presented a speech to the public indicating that the audience should interfere with the military recruitment during World War 1. Like Schenck he was arrested and charged for violating the Espionage Act along with attempted obstruction recruitment and enlistment. He had an appeal on the 1st Amendment grounds and similarly to the Schenck case the Supreme Court ruled against Debs which upheld his conviction. -
Schenck v. United States
Charles T. Schenck was a general secretary of the U.S. Socialist Party. Schenck and the party printed 15,000 papers that told men who were drafted to resist military services. Schenck was then arrested for violating the Espionage Act He was convicted of 3 counts and sentenced to 10 years in prison for each count. The case was taken to the Supreme Court and argued that the Espionage Act was unconstitutional and that Schenck was just exercising his first amendment right to free speech. -
West Virginia v. Barnette
In 1942 the West Virginia Board of Education made it mandatory for the teachers and students to salute the flag. A family of Jehovah’s Witnesses refused to salute the flag and were sent home and threatened to reform school for criminally active children while their parents faced hate for being responsible for juvenile delinquency. The case was brought to the supreme court which ruled that forcing teachers and students to salute the flag was against the 1st amendment and was unconstitutional. -
United States v. O’Brien
When David O’Brien was at a Boston Courthouse he burned his draft card and stated he was expressing his opposition to the war. He was later convicted under federal law that made the destruction of a draft card a crime. The Supreme Court ruled that a criminal prohibition burning a draft card does not violate the 1st Amendment. -
Tinker v. Des Moines
A group of students decided to wear black armbands to protest the Vietnam War. The principle stated that any student wearing such armbands will be asked to take them off and if they don't they will be suspended.Tinker's & Eckhardt,refused to take their armbands off and were sent home. Their parents sued the school.The Supreme Court ruled that the students did not lose their 1st Amendment right when on school property, but the school has the right to justify their suspensions. -
Brandenburg v. Ohio
Brandenburg was a leader of a Klu Klux Klan made a speech at a Klan rally and was convicted under the Ohio Syndicalism Law, which made it illegal in activating in crime, sabotage, or violence and assembling any social group that teach hate and violence. The Supreme Court ruled the Ohio’s laws violated the Brandenburg’s 1st Amendment right rather or not it was hate speech. -
Cohen v. California 1971
Paul Cohen, a 19 year old expressed his feelings towards the United States involvement in the Vietnam War by wearing a shirt that said “ F*** THE DRAFT. STOP THE WAR.” Cohen was charge under the california statute the prohibits “disturbing the peace and quiet of any neighbor or person by offensive conduct.” Cohen was found guilty and sentenced to 30 days in jail. The Supreme Court ruled that California’s law was unconstitutional and that Cohen was protected under the 1st Amendment. -
Miller v. California
Marvin Miller conducted in a mass mailing of adult material and was convicted of violating California's statute, which prohibited the distribution of obscene material. The case was taken to the Supreme Court which ruled that obscene material was not protected under the 1st Amendment because it was deemed unsuitable for the general population. -
Island Trees School District v. Pico
The Island Trees Union Free School District’s Board of Education ordered that certain books should be removed from its districts junior high and high school libraries because the books were “Anti- American”. Pico challenged the boards decision. The case eventually made its way to the Supreme Court Which ruled that the boards removal of the books violated the 1st Amendments freedom of speech, and that the board had no right to remove the books simply because they disagreed with them. -
Texas v. Johnson
George Lee Johnson in 1984 burned an American flag in front of Dallas City Hall as a way to protest against the Reagan Administration policies. Johnson was then convicted texas law outlawing flag desecration. The case was taken to the Supreme Court which ruled that Johnson burning the flag was protected under the 1st Amendment and the fact that people found it offensive does not take that right away. -
R.A.V. v. St. Paul
several teenagers burned a cross on a Black family’s lawn the police charged one of the teens under motivated criminal ordinance which does not allow anything that arouses anger in others on the topics of race, religion, or gender. The Supreme Court ruled in favor of R.A.V. stating that the 1st Amendment prevents government from punishing preach of expressive conduct because they disagree. -
Watchtower Bible and Tract Society v. Stratton
The village of Scranton placed an ordinance that prohibits canvassers from entering private residential property to promote any cause without first obtaining a permit from the mayor's office. The Watchtower Bible and Tract Society of New York, a congregation of Jehovah's Witnesses published religious materials, said that the ordinance violates their First Amendment rights. The Supreme Court ruled that it does violate people's 1st Amendment rights to freedom of religious beliefs
