Freedom Of Speech Landmark Cases – Government & Politics

Case No. 1: Schenck v. U.S

This was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that the defendant was not protected by the first amendment right to Freedom Of Speech against the draft of World War one. The case established the "Clear and Present Danger" test, which was sporadically used until 1969 when protection of speech was raised.

Case No. 2: Gitlow v. New York

This case was decided on June 8, 1925 and ruled that the fourteenth amendment had extended the reach of certain limitations on federal government authority in the first amendment; specifically freedom of speech to the governments of individual states. It was one of the first cases that defined the power of the first amendment's protection of free speech and established the standard of when free speech should be criminalized.

Case No. 3: New York Times v. Sullivan

This case created the "Actual Malice" standard, which has to be met before a report or press release about public officials or figures. If itisn'tmet the act is considered libel and defamation and it allowed free reporting of the civil rights campaign. It is one key decision supporting freedom of press. After this case, news organizations were free to report the widespread disorder and civil rights infringements.

Case No. 4: Brandenburg v. Ohio

This was a landmarkcourt casebased on the first amendment to the U.S Constitution. The court decided that the government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to inciteimminentlawless action. It struck down Ohio's syndicalism statute because the statute prohibited the mere advocacy of violence.

Case No. 5: Tinker v. Des Moines

This was a decision by the Supreme Court that defined the constitutional rights of students in public schools, It created the Tinker Test. It is still used in today's public schools to determine if schools punishments are violating students first amendment rights.

Case No. 6: Buckley v. ValeoIn this case, the Supreme Court struck down several provisions in the 1974 amendment to a law that limited campaign expenditures, independent expenditures by individuals and groups and expenditures by a candidate from personal funds. The court upheld the provision which sets limits on individuals campaign contribution.Case No. 7: Hazelwood School District v. Kuhlmeier

This Supreme Court Case held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established as forums for student expression.The case ruled in favor of Hazelwood School District. The justices believed that the censorship did not violate the student's first amendment rights.

Case No. 8: Texas v. Johnson

This Supreme Court Case invalidated prohibitions on burning the American flag, enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in saying that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution.

Case No. 9: Boy Scouts v. Dale

This case held that the constitutional right to freedom of association allows a private organization like the Boy Scouts to exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints." The Supreme Court ruled that opposition to homosexuality is part of Boy Scouts "expressive message" and that allowing homosexuals as adult leaders would interfere with that message. It reversed a decision of the New Jersey Supreme Court and they had to readmit assistant Scoutmaster James Dale, who had made his homosexuality public and and they expelled him.

Case No. 10: Morse v. Frederick

This is the case in which the Court said that the First Amendment does not prevent educators from suppressing at a school-supervised event, student speech that is reasonably viewed as promoting illegal drug use.In 2002, high school principal Deborah Morse suspended Joseph Frederick after he displayed a banner reading "BONG HITS 4 JESUS" across the street from the school during the 2002 Olympic Torch Relay. Frederick sued Deborah Morse, claiming his rights to free speech were violated. His suit was dismissed by the federal district court, but on appeal, the Ninth Circuit reversed that ruling, concluding that Frederick's speech rights were violated.

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Freedom Of Speech Landmark Cases - Government & Politics