First Amendment Cases

  • West Virginia V Barnette

    West Virginia V Barnette
    The West Virginia Board of Education required public schools to include a salute to the flag as part of mandatory school activities. The children of a family of Jehovah's witnesses refused to take part, and were sent home for non-compliance. Their parents were facing prosecution for taking part in juvenile delinquency, and the children were threatened with reform school. It was a 6-3 decision in court, and they ruled that making students salute the flag is unconstitutional.
  • Engel V Vitale

    Engel V Vitale
    The New York Board of Regents allocated a time for public schools to have a voluntary prayer meeting at the start of the school day. Many organizations voiced their disagreements with the prayer recitation because it directly went against the Establishment Clause of the First Amendment. The Court agreed with the organizations (6-1), and claimed that even though it was voluntary, it violated the Establishment Clause.
  • United States V O'Brien

    United States V O'Brien
    David O'Brien burned his draft card in a Boston courthouse, and claimed to be using his right to express his opinion regarding his opposition to the war. He was convicted under federal law that made burning draft cards illegal at the time. The court ruled did not rule (7-1) in favor of David as they believed the constitution did not protect his right to so blatantly burn the draft card and oppose the war.
  • Brandenburg V Ohio

    Brandenburg V Ohio
    Brandenburg, a leader in the Ku Klux Klan, made a speech at one of their many rallies which got him convicted for violating an Ohio law. The Ohio Law states that advocating crime and terrorism to promote political affiliation or reform is illegal, and claimed Brandenburg did just that. When he took this case to court, the judges unanimously agreed that the Ohio law was too vague and infringed upon the first amendment- free speech.
  • Cohen v California

    Cohen v California
    A 19 year old Department worker wore a jacket that expressed explicit thoughts about the war. It mentioned something about stopping the draft as well. He was charged under the California statue that prohibits disturbing the peace and quiet of a neighborhood by offensive conduct, and apparently his jacket was doing just that. He was found guilty in court, and was sentenced to 30 days in jail as a consequence.
  • Stone V Graham

    Stone V Graham
    Sydel Stone and a large number of parents were against the Ten Commandments being posted in the hallways at every public school in Kentucky. They challenged this Kentucky law, claiming it violated the religion portion of the First Amendment. They took this to court, filing a case against James Graham (the superintendent of public schools in Kentucky). The Court ruled in favor of Stone (5-4) as it seemed the intent was purely religious, not secular.
  • The Island Trees Union Free District v Pico

    The Island Trees Union Free District v Pico
    The Island Trees Union Free District's Board of Education ordered for certain books to be removed from a school library as it was "Anti-Christian, Anti-American, and just plain filthy." Steven Pico, with support from friends, parents, and teachers, brought this case to the federal court, and claimed this was infringement of their rights. The court ruled in his favor (5-4) and claimed that the board couldn't dictate what type of books should be in libraries.
  • Hazelwood v Kuhlmeier

    Hazelwood v Kuhlmeier
    The Spectrum was a newspaper written by student meant for those who attend Hazelwood East High School. They were to issue the May 13 edition, but the Principal stopped two of the articles from going through the final copy, claiming it was inappropriate. The students filed a case claiming he was infringing on their right to freedom of speech, but unfortunately it didn't go in their favor. The ruling in court was 5-3 as the judges ruled the staff could edit articles in their district.
  • Lee V Weisman

    Lee V Weisman
    Robert Lee, a middle school Principal, invited a rabbi to speak for the graduation the would soon occur. David Weisman, whose daughter was graduating, hoped to stop this by seeking a temporary restraining order, and was denied. The rabbi came in and spoke, and David filed a permanent injunction that barred any school to invite clergy to speak at schools. This case went all the way to the Supreme Court, where the judges ruled in favor of Weisman (5-4).
  • Morse v Frederick

    Morse v Frederick
    Joseph Frederick held up a sign that read "Bong hits 4 Jesus" in a school assembly. His principal suspended him for ten days, and Frederick filed a case against the school claiming it went against his right to free speech. At first, the Distinct court found no violation, but the Court of Appeals disagreed citing another similar case that won. Finally, it went to a higher court, the judges ruled in favor of the principal (5-4). Since there was illegal drug usage mentioned, punishment okay.