051616 1stamendment

Cases That Shaped the First Amendment

  • Evans v. Selma Union High School District of Fresno County

    Evans v. Selma Union High School District of Fresno County
    This case involved the issue of the removal of the King James version of the bible from the public school's library in California. The issue was brought upon because the Supreme Court said that it was not a "publication of a secretarian, partisan, or denominational character." The overall decision was to not remove this version of the bible. Link text
  • Gitlow v. New York

    Gitlow v. New York
    Before this court case, the first amendment only gave citizens protection from the federal government. Gitlow had made an announcement that told citizens to allow communism into our political structure. He was then arrested. He used the 14th Amendent to bring about the 1st Amendment in Court. Link text
  • Whitney v. California

    Whitney v. California
    Charlotte Whitney was a feminist who took part in an early Communist Labor Party. She wanted to use terrorism as a way to implement a change. Whitney was charged for being in and assisting the Communist Labor Party. Link text
  • Near v. Minnesota

    Near v. Minnesota
    Jay Near had started his own newspaper in Minnesota, in this newspaper he criticized local officials. The future governor of Minnesota, Floyd Olson, took offense to Near's newspaper. Olson then sued Near in order to prevent him from furthering his criticism. This case helped define the freedom of press stated in the First Amendment. Link text
  • Rosenberg v. Board of Education of City of New York

    Rosenberg v. Board of Education of City of New York
    Rosenberg wanted two books known as "The Merchant of Venice" by William Shakespeare and "Oliver Twist" by Charles Dickens to be banned from the curriculum of New York City's schools. Rosenberg's reasoning was because they were racist to the Jewish people and their race. The overall ruling of the trial was that neither book was removed the curriculum. Link text
  • Miller v. California

    Miller v. California
    Miller was the operator of one of the largest mail-ordering business for adult material. Some people that had received this mail had found the material to be offensive. So, the California Government convicted Miller for distributing obscene material.
    Link text
  • Gertz v. Robert Welch, Inc.

    Gertz v. Robert Welch, Inc.
    Elmer Gertz was a lawyer in Chicago who had represented a family of a young man who was killed by a police officer. A year after the trial, an article was published that contained misstatements about Gertz's involvement within the case. Gertz then sued for defamation and argued that he only needed to show negligence or fault because he was private person not a public figure. Link text
  • Romano v. Harrington

    Romano v. Harrington
    Michael Romano was fired from his job as a faculty advisor for a school newspaper because of the publication of an article. The article was about the condemning of Martin Luther King Jr. Day. Romano believed this his 1st and 14th Amendment Rights were violated, so he took it to court. The Court decided that the firing of a person because of their exercise of their rights is unconstitutional. Link text
  • Mozert v. Hawkins County Board of Education

    Mozert v. Hawkins County Board of Education
    Many parents and student brought attention to use of certain textbooks on schools grounds that they believe are offensive to their religious values. The U.S. Court of Appeals declined their claim, finding that the Constitution doesn't require schools curriculum to be changed because of someone's religious beliefs. Link text
  • Hustler Magazine, Inc. v. Falwell

    Hustler Magazine, Inc. v. Falwell
    .An issue of Hustler Magazine that depicted Jerry Falwell as the lead was featured as a parody of a liquor advertisement. A lawsuit was based on the invasion of privacy, libel, and intentional infliction of emotional distress. The Supreme Court ruled that no reasonable person would truly believe such a parody. Because Falwell was a public figure, there would've needed to have actual malic committed. A parody is not a malicious act.
  • Texas v. Johnson

    Texas v. Johnson
    A man named Gregory Lee Johnson was involved in a protest against the Reagan Administration and local Dallas companies. When the protest reached the City Hall, Johnson burned the the United States flag. He was then arrested for breaking a Texas law, he was sentenced to prison for one year. Johnson also had to pay a fine of $2,000. Link text
  • Counts v. Cedarville School District

    Counts v. Cedarville School District
    Some of the members of the Cedarville School Board had some concerns with the content of the Harry Potter books. So, they voted to restrict this series of books on school grounds because they encouraged disobedience and disrespect. A student named Dakota Counts then filed a lawsuit against the School Board. The District Court found hat the Board's decision was a violation of Count's freedom of speech. Link text