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Schenck V. United States
During WW1, socialist Charles Schenck handed out signs and posters to protest against the drafting of soldiers. Schenck declared it was violating the 13th amendment of involuntary servitude. He was then convicted under the Espionage Act of 1917, was passed by congress. The Act made it a federal offense to be disloyal to the Constitution, the flag, government, and the American Uniform. They ruled that The First Amendment could be restricted if the words are "clear and present danger" -
Terminiello v. Chicago
Father Arthur Terminiello, a catholic priest, gave a speech criticizing political and racial groups where he verbally attacked a protesting crowd of 1,800 people. The police weren't able to break up the angry crowd. They arrested Terminiello for "breach of the peace" which the court the decided the breach unconstitutionally infringed upon freedom of speech. -
Barenblatt v. United States
Barenblatt, a college professor, was at the House Committee on Un-American Activities where he was questioned if he was a communist. This took place during the red scare so people were on edge. He didn't answer questions about his beliefs. Court ruled that his First Amendment was not violated and upheld his conviction for contempt of congress.The first Amendment does not protect a witness from all lines of questioning. -
Engel v. Vitale
The New York Sate of Board authorized a prayer at the start of each school day. A group of people joined together to challenge the prayer, saying that it violated the Establishment Clause of the First Amendment. The state can't hold prayers in public schools. This Supreme Court case was a landmark, it ruled that it is unconstitutional for state officials to say prayers in public schools. Instead, we now have a moment of silence and pledge our allegiance to the flag. -
Stanley v. Georgia
Police had a warrant to search Stanley's home for gambling on sports, looking for evidence. During the search they found films that were "obscene" which he was then convicted for having possession of them. The court ruled that the First and Fourteenth Amendment prohibited of having possession on those kind of materials in which he argued his freedom of expression had been violated. -
Street V. New York
Sidney Street was an African American WWII veteran. When he heard the news that civil rights activist James Meredith had been shot, Street went to a bureau drawer and removed a 48 star American Flag. He brought it outside and lit it on fire and held it in his for as long as he can as some kind of message. Police arrested him on multiple counts, most importantly for burning the flag. The Court overturned his conviction under a New York statute. -
Bethel School District No. 403 v. Fraser
Matthew Fraser gave a speech at a school assembly. In his speech he made a graphic sexual metaphor to promote his friend for candidacy. Fraser was suspended from Bethel High School because his speech "interfered wit the educational process". The court ruled that the punishment was approriate and the First Amendment did not prohibit schools from stopping vulgar speech. -
Rosenberger v. Rector and Visitors of the University of Virginia
Ronald Rosenberger, a student at University of Virginia, asked the school for money from a student activities fund to lower the publishing costs of Wide Awake: A Christian Perspective at the University of Virginia. The school refused to pay it because it "promotes a particular belief." The court ruled that the 1st Amendment was violated by the university because they didn't fund Rosenberger due to his message. The University must give financial aid to a student religious publication. -
Morse v. Frederick
Joseph Frederick held up a banner at a school event which had "bong hits 4 Jesus" on it. The sign was taken away by Deborah Morse and he ended up getting suspended for 10 days. He sued Morse for violating his freedom of speech. The court ruled in her favor but ruled the punishment unconstitutional because he was punished because of his message, not by disturbance.The court decided that school officials can stop students from showing messages that support drug use. -
United States v. Alvarez
Xavier Alvarez falsely claimed he won the Congressional Medal of Honor in 1987. He was then prosecuted under the Stolen Valor Act. The court ruled the law violated the First Amendment. False speech can still be protected. Obama then passed the Stolen Valor Act of 2013 - federal crime to claim military decorations or medals to get money, property, and other benefits.
