Supreme Court Cases: First Amendment

Front 1

Hazelwood v. Kuhlmeier (1987)

Back 1

Principle Censored Article from the school paper because the issue was controversial; Found that an article on a student in the school causes civil disorder, and therefore, the censorship by the principle was within the 1st Amendment.

Front 2

Morse v. Frederick (2007)

Back 2

Prec. was set up by Tinker v. Des Moines.
Students held a sign reading "Bong Hits 4 Jesus." Court was within law to censor the sign as it encouraged an illicit activity.

Front 3

Texas v. Johnson (1989)

Back 3

Dallas law stated that burning of the flag was illegal. Supreme Court ruled that just because it was disrespectful does not make it illegal.

Front 4

Reynolds v. US (1879)

Back 4

Held that Mormon practice of polygamy was illegal, regardless of religious belief. "Obligation" to get married and have kids ≠ precedence.

Front 5

Everson v. Board of Education (1946)

Back 5

Held that the Separation of Church and State/Establishment Clause applies to all, regardless of state. This decision found that state-payment for public transport of students, regardless of school attending, is Constitutional.

Front 6

Engel v. Vitale (1962)

Back 6

NY mandated a non-denominational prayer. Court Ruled this went against the Establishment Clause.

Front 7

Lemon v. Kurtzman (1971)

Back 7

Allowed for payment to schools to disperse moneys for teachers and materials of/for secular subjects in Penn Schools. Found unconstitutional, established Lemon Test:
1. Secular Legislative Purpose
2. Not Advance or Inhibit Religion
3. No Excessive Government Entanglement with Religion

Front 8

Barron v. Baltimore (1873)

Back 8

5th Amendment does not apply to states when it comes to compensation.

Front 9

Gitlow v. New York (1925)

Back 9

Socialist was handing out fliers on controversial matter. 14th Amendment of the Constitution extended to certain parts of the 1st Amendment. Required Due Process.

Front 10

Schenck v. US (1919)

Back 10

Violated the Espionage Act in submitting Anti-War pamphlets on the matter. Court ruled that this criticism was not legal and protected by the 1st Amendment because it posed a CLEAR AND PRESENT DANGER.

Front 11

NY Times v. Sullivan (1964)

Back 11

Newspaper made false defamatory statements about the official conduct of a public official. 1st Amendment (through 14th) protected a newspaper from being sued for libel because of the PUBLIC FIGURE--ACTUAL MALICE must be proven.

Front 12

Hustler v. Falwell (1988)

Back 12

Parody in Magazine...1st Amendment free-speech guarantee prohibits awarding damages to public figures to compensate for emotional distress intentionally inflicted upon them.

Front 13

Miller v. CA (1973)

Back 13

Free speech does not apply to obscene mail being sent in the mail

Front 14

Tinker v. Des Moines (1969)

Back 14

Black arm bands to protest war. 1st Amendment applied through the 14th did not permit public schools to punish a student for utilizing reasonable free speech.

Front 15

Wisconsin v. Yoder (1971)

Back 15

Amish prosecuted because of unwillingness to allow 16+ in school on religious premise. Found that state law violated Constitution, and compulsory attendance past 8th grade could not be required.

Front 16

Lee v. Weisman (1992)

Back 16

School prayer (in this case led by a Jewish rabbi at graduation) is illegal, regardless, as a violation of the Establishment Clause, and an extension of the 14th Amendment.

Front 17

Employment District v. Smith (1990)

Back 17

Employee of a drug rehab facility caught smoking peyote off shift--court ruled unemployment benefits should not be given to Smith.

Front 18

Zelman v. Simmons-Harris (2002)

Back 18

School vouchers were upheld in a lower socio-economic neighborhood of Cincinnati, and ruled not to have violated the Establishment Clause.

Front 19

Reno v. ACLU (1997)

Back 19

Parts of the CDA are unconstitutional and unenforceable, except for cases of obscenity and child pornography, because of the freedom of speech. The internet is protected, as well.

Front 20

US v. Playboy (2000)

Back 20

Struck down a part of the CDA which required that cable TV operators who offered channels for adult programming to scramble completely or block material.

Front 21

Clark v. CCNV (1984)

Back 21

Public property camping (National Forest), but anti-camping regulations blocked such actions...1st Amendment upheld these restrictions, and there are other ways to block these methods.