First Amendment Cases

Question 1

Schneck v. United States (1919)

Answer 1

Freedom of Speech; Supreme Court established that speech which evokes “a clear and present danger” is not permissible. He used the example of somebody falsely yelling “fire!” in a crowed theater.

Question 2

Gitlow v. New York (1925)

Answer 2

Freedom of Speech; Supreme court ruled that speech could be restricted even if it only has a tendency to lead to illegal action.

Question 3

Tinker v. Des Moines (1969)

Answer 3

Freedom of Speech; Students suspended wearing black arm bands to protest the Vietnam War. The Supreme Court states that you still have your constitutional rights in a school. Their suspensions were reversed.

Question 4

Texas v. Johnson (1989)

Answer 4

Freedom of Speech; protects the right to burn the American flag.

Question 5

Morse v. Frederick (2007)

Answer 5

Freedom of Speech; Bong Hits 4 Jesus banner at the Olympic Torch passing. Student was suspended; Supreme Court upheld the suspension because schools don’t have to allow speech that advocates illegal activities.

Question 6

Citizens United v. Federal Election Commission (2010)

Answer 6

Freedom of speech; corporations have the right to spend money in elections.

Question 7

Near v. Minnesota (1931)

Answer 7

Freedom of Press; Supreme Court said that state injunctions to prevent publications violate the free press provision of the First Amendment. Incorporates freedom of speech to the states.

Question 8

Hazelwood School v. Kuhlmeier (1988)

Answer 8

Freedom of Press; School officials have sweeping authority to regulate free speech in student-run newspapers

Question 9

Engle v. Vitale(1962)

Answer 9

Freedom of Religion; Prohibited state-sponsored recitation of prayer in public schools.

Question 10

Lemon v. Kurtzman (1971)

Answer 10

Freedom of Religion; Aid to religious schools if they can pass the Lemon Test.