Landmark Cases: Freedom of Speech
SCHENCK v. UNITED STATES- what makes this case important is that it addresses the boundaries of what you can do , in terms of speech, that directly involves our military. Shenck was trying to discourage the draft and motivate draftees to stand up against it. The court ruled that his action was not protected by the Constitution. The case established the "Clear and Present Danger" test which was used sporadically until 1969 when protection of speech was raised.
GITLOW v. NEW YORK
Gitlow, published a communist manifesto for distribution in the United States. He was charged with plotting to overthrow the United States government and criminal anarchy because he was an advocate of socialist reform in the United States.
NEW YORK TIMES v. SULLIVAN
This case created the "Actual Malice" standard, which has to be met before a report or press release about public officials or figures. If it isn't met the act is considered libel and defamation and it allowed free reporting of the civil rights campaign. It is one key decision supporting freedom of press. After this case, news organizations were free to report the widespread disorder and civil rights infringements.
BRANDENBURG v. OHIO
An Ohio law prohibited the teaching or advocacy of the doctrines of criminal syndicalism. The Defendant, Brandenburg, a leader in the KKK, made a speech promoting the taking of vengeful actions against government and was therefore convicted under the Ohio Law. This was a landmark court case based on the first amendment to the U.S Constitution.
TINKER v. DES MOINES
In protest of the Vietnam War, several students wore black armbands to school. The Respondent, Des Moines Independent Community School District , adopted a policy that any students wearing the bands would be suspended for causing disruption. The Petitioners, Tinker and other students refused to remove their armbands and brought suit seeking protection of their First Amendment constitutional rights to political expression. The petitioners won the case, as their First Amendment rights could not be taken from them, regardless of the fact that they were on school property.
BUCKELY v. VALEOIn this case, the Supreme Court struck down several provisions in the 1974 amendment to a law that limited campaign expenditures, independent expenditures by individuals and groups and expenditures by a candidate from personal funds. The court upheld the provision which sets limits on individuals campaign contribution.
HAZELWOOD SCHOOL DISTRICT v. KULHMEIR
The advanced journalism class was responsible for writing the school paper. Usually 4,500 copies were distributed to the school and members of the community. The school principal always reviewed the page proofs prior to printing. On this occasion, he objected to two of the articles scheduled for inclusion and decided to print the paper without the articles. The students sued the school for infringing upon their first amendment rights.
TEXAS v. JOHNSON
After publicly burning the American flag, the Defendant, Gregory Lee Johnson, was convicted of desecrating a flag in violation of Texas law. The Court of Criminal Appeals overturned the conviction and found Texas' law to be unconstitutional.
BOY SCOUTS OF AMERICA v. DALE
Dale, a life-long boy scout, was an assistant scout master in New Jersey, when the Boy Scouts learned of his homosexuality and revoked his membership. He brought it to court and they forced the Boy Scouts to admit him.
MORSE v. FREDERICK
After student Joseph Fredrick held up a sign that promoted drug use, his principle Deborah Morse suspended him for 10 days.Fredrick proceded to sue Morse for violating his first amendment rights, the court disagreed and declared that school officials have the authority to prohibit students from promoting drug usage
GITLOW v. NEW YORK
Gitlow, published a communist manifesto for distribution in the United States. He was charged with plotting to overthrow the United States government and criminal anarchy because he was an advocate of socialist reform in the United States.
NEW YORK TIMES v. SULLIVAN
This case created the "Actual Malice" standard, which has to be met before a report or press release about public officials or figures. If it isn't met the act is considered libel and defamation and it allowed free reporting of the civil rights campaign. It is one key decision supporting freedom of press. After this case, news organizations were free to report the widespread disorder and civil rights infringements.
BRANDENBURG v. OHIO
An Ohio law prohibited the teaching or advocacy of the doctrines of criminal syndicalism. The Defendant, Brandenburg, a leader in the KKK, made a speech promoting the taking of vengeful actions against government and was therefore convicted under the Ohio Law. This was a landmark court case based on the first amendment to the U.S Constitution.
TINKER v. DES MOINES
In protest of the Vietnam War, several students wore black armbands to school. The Respondent, Des Moines Independent Community School District , adopted a policy that any students wearing the bands would be suspended for causing disruption. The Petitioners, Tinker and other students refused to remove their armbands and brought suit seeking protection of their First Amendment constitutional rights to political expression. The petitioners won the case, as their First Amendment rights could not be taken from them, regardless of the fact that they were on school property.
BUCKELY v. VALEOIn this case, the Supreme Court struck down several provisions in the 1974 amendment to a law that limited campaign expenditures, independent expenditures by individuals and groups and expenditures by a candidate from personal funds. The court upheld the provision which sets limits on individuals campaign contribution.
HAZELWOOD SCHOOL DISTRICT v. KULHMEIR
The advanced journalism class was responsible for writing the school paper. Usually 4,500 copies were distributed to the school and members of the community. The school principal always reviewed the page proofs prior to printing. On this occasion, he objected to two of the articles scheduled for inclusion and decided to print the paper without the articles. The students sued the school for infringing upon their first amendment rights.
TEXAS v. JOHNSON
After publicly burning the American flag, the Defendant, Gregory Lee Johnson, was convicted of desecrating a flag in violation of Texas law. The Court of Criminal Appeals overturned the conviction and found Texas' law to be unconstitutional.
BOY SCOUTS OF AMERICA v. DALE
Dale, a life-long boy scout, was an assistant scout master in New Jersey, when the Boy Scouts learned of his homosexuality and revoked his membership. He brought it to court and they forced the Boy Scouts to admit him.
MORSE v. FREDERICK
After student Joseph Fredrick held up a sign that promoted drug use, his principle Deborah Morse suspended him for 10 days.Fredrick proceded to sue Morse for violating his first amendment rights, the court disagreed and declared that school officials have the authority to prohibit students from promoting drug usage