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Schenck v United States
In WW1 Charles Schenck and Elizabeth Baer during the draft told people to ignore it because it violated the 13th amendment. They were convicted for going against the government and they appealed. They eventually lost the case 9-0 because his freedom of speech would incite doing something unlawful which goes against the espionage act of 1917 which you couldn't stop the military from going with it's war efforts. This case showed that our freedom of speech is restricted during war time. -
Debs V United Stats
Eugene Debs did a speech that incited people to not go if you are drafted which at that time was against the law to not go if you were drafted according to the espionage act of 1917. He was indicted and appealed because he felt his 1st amendment rights were being violated. He lost the case 9-0 because there was a prior case Schenck v United States which he lost the case unanimously as well. Another case that showed that your speech during war is restricted. -
Near V Minneosota
The saturday press in Minnesota did a newspaper they accused some local officials that they were affiliated with some gangsters. The officials decided to get an order to stop the publication of this article because the officials felt it violated there statue on public nussiance. The court ruled 5-4 in favor of Near because they felt the statue was unconstituinal because it restricted freedom of speech only if the government could prove that it incites violence or reveals military secrets. -
Minnersville School district v Gobittis
WIlliam Gobitis and LIlian were students from a Pennsylvania public school and they got expelled because they wouldn't salute the flag and felt that there religion was being infringed on since they were Jehovas witnesses and belived it was against there beliefs. They took it to court and the school won 8-1 saying that it's the schools rules and that national cohesion and to bring national unity was enough to enforce the students to salute to the flag. -
West Virginia State Board of Education v Barnetter
Overturned original case Gobitits v Minnerville on forcing kids to salute to the flag. The kids were Jehova witnesses and were sent home because they would refuse to salute to the flag and the parents and children were charged with causing childhood delinquency. They took it to court and the family won on a 6-3 decision on the basis that like religion you can't just enforce it on everybody just like saluting the flag. Schools can suggest you to do it but can't make you do it. -
Epperson V Arkansas
Arkansas had a state law that prohibited the teaching of human evolution. Epperson was a teacher who sued the school and the case went to the scotus and Epperson won the case 9-0 They ruled in favor of Epperson because the statue that stood in place was put in place by legislators who are christian and want to push those beliefs on other people. This law then brought up the change of students learning about evolution in schools and less about religion. -
Cohen v California
Cohen was a 19 year old who decided to express his opinion and wear a jacket that said "F the draft". He was put in jail for 30 days because he violated a Cali statue that said you can't maliciously disturb the peace of the people and the neighboorhood. He took it to scotus and won 5-4. This decision implied that your freedom of speech is protected unless it's not directed to a person specifically. Regardless of what you say you are protected by law. -
-New York Times v United States
Now known as the “pentangon papers” case was a case that the new york times got a hold of some unclassified documents that talked about Americas involvement in Vietnam. Richard Nixon had a order to stop the publication. The New York Times decided to take it to the supreme court and won 6-3. The court decided that the government couldn't show the burden of proof of why these documents couldn't be published. It also served a way for the news to keep the governement in check. -
Hustler Magazine,Inc v Falwell
Hustler Mag released a false story about a candidate paroding his ad campaign. In the ad they decided to change him that he was a drunk and had a relationship with his mom. Falwell sued for damages and won 150,000 and Hustler Mag appealed. Falwell won the case 8-1. Although the press aren't restricted on there speech the court decided that in case with public figures news stories can't just falsely accuse people without facts. If you don't have facts it is considered offensive speech. -
Morse v Frederick
Joseph Frederick was a student who went to Juneau Douglas Highschool and they had a school event and he decided to put up a sign saying "Bong Hits 4 Jesus". He got suspended for 10 days because he tried promoting drugs at school which is a no no but he felt that he was protected under free speech. He went all the way to scotus and lost 5-4. Although he is protected from his freedom of speech the school can choose not to promote drugs in there establishment.
