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Dennis v United States
1951- Communist Party of America leader, Dennis, was arrested and charged with a Red Scare related crime (under the Smith Act). Dennis argued that the first amendment protected him, which the Supreme Court deemed not unconstitutional. -
United States v O'Brien
1968-O'Brien burned his draft card to protest the war. The court ruled that criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. -
Tinker v Des Moines
1969- Case ruled that students do not lose Constitutional rights when they enter school buildings, but they are limited if they cause a disruption. In this case, black armbands in school is free speech, protected by 1st amendment. -
Cohen v California
1971-Cohen protested Vietnam War with vulgar statement, was arrested because it wasn't liked by state government. However, Cohen won the case because his actions were protected by the 1st amendment and the state gov. couldn't convict just b/c they didn't like what was being said. -
Texas v Johnson
1989-Johnson argued that burning of the American Flag was protected by 1st Amendment, as freedom of speech. The Texas court agreed and overturned the conviction, however, the state of Texas appealed this to the Supreme Court. SCOTUS reviewed case and ruled that burning the flag was protected under the 1st amendment. -
Hazelwood School District v Kuhlmeier
1988- A school's principal withheld two articles from a student-run school newspaper because he thought they were inappropriate. The students took the matter to court, as they believed it violated their first amendment rights. The court ruled in favor of the school because "educators aren't violating the 1st Amendment by exercising editorial control over the content of student speech". -
RAV v City of St Paul
1992-Several teenagers allegedly burned a crudely fashioned cross on a black family's lawn. They were charged and the Supreme Court convicted them even though the ordinance put in place for the state was invalid (was seen as a hate crime). -
Beussink v Woodland R-IV School District
1998-A student added vulgar and critical comments of his teachers on his own home page (off campus website). The school suspended the student, which the student took to court. The court ruled with the student, as schools can't suspend a student for something they don't like (didn't cause a disruption in learning environment). -
JS v Bethlehem Area School District
1998-A student created an extremely offensive website that targeted his teachers and principal. He was suspended, and took the matter to court. The court ruled in favor of the school since the website interfered and disrupted the learning environment of the school. -
O'Brien v Westlake City Schools Board of Education
1998-Student, O'Brien, created website that was offensive to teacher. Student was suspended for 10 days, which resulted him in failing 4 classes. He took the case to court, saying what he did was protected by 1st amendment. The court agreed, as the school couldn't suspend a student for not liking what they said (also, the website was created off-campus). -
Emmett v Kent School District
2000-A student created a website, which allowed people to vote on which victim would "die next". He was suspended, and took the matter to court. The school argued that the student was being threatening, but the court ruled in favor of the student b/c the school lacked proper evidence. -
Beidler v North Thurston School District Number Three
2000-A student created an offensive website that was aimed at his school's principal. He was placed on emergency suspension, which he took to court and argued went against his 1st amendment rights. The court ruled in favor of the student as the Tinker standard for his case wasn't applied.