In Gelling v. Texas, the court reversed a Texas court decision that convicted W. L. Gelling. In Cox Broadcasting v. Cohn (1975), the Supreme Court said journalists had a First Amendment right to release information found in public domain records... Southeastern Promotions v. Conrad (1975) said a city's denial of theater space for a performance of the controversial musical Hair violated the First Amendment... Communist Party of Indiana v. Whitcomb (1974) overturned a law requiring a loyalty oath for party ballot access. 1976): The Strongsville City Board of Education rejected faculty recommendations to purchase Joseph Heller's Catch-22 and Kurt Vonnegut's God Bless You, Mr. Rosewater and ordered the removal of Catch-22 and Vonnegut's Cat's Cradle from the library. The Court held that speech on the Internet is entitled to the highest level of First Amendment protection, similar to the protection the Court gives to books and newspapers. 1. In Speiser v. Randall (1958), the Supreme Court ruled that the state cannot condition the receipt of a tax exemption on a loyalty oath to not overthrow the... Sweezy v. New Hampshire (1957) overturned a contempt citation of professor who refused to disclose the contents of a speech. 703 (D. Mass. Although Folsom v. Marsh (C.C.D. Whitney v. California, 274 U. S. 357 (1927): Since Anita Whitney did not base her defense on the First Amendment, the Supreme Court, by a 7 to 2 decision, upheld her conviction of being found guilty under the California’s 1919 Criminal Syndicalism Act for allegedly helping to establish the Communist Labor Party, a group the state argued taught the violent overthrow of government. Awards, First Amendment, Journalism, Other March 2, 2021 CFOIC Sunshine Week panel on misinformation and disinformation For Sunshine Week 2021, please join the Colorado Freedom of Information Coalition the evening of March 18 for a lively and timely online discussion, “Truth Be Told: The Proliferation of Online Misinformation and Disinformation — And What We Can Do About It.” Cohen v. San Bernardino Valley College, 92 F.3d 968 (9th Cir. In Barron v. Baltimore (1833), the Court said framers of the Constitution did not intend the Bill of Rights to extend to the states, thus limiting it to the... Phillips et al. Dissenters said the movie was protected by... Citizen Publishing Co. v. United States (1969) affirmed that two newspapers run under a joint operating agreement were not exempt from antitrust laws by the... Red Lion Broadcasting v. FCC (1969) said a regulation using the fairness doctrine to give a journalist airtime to respond to allegations did not violate the... Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church (1969) denied courts the authority to interpret doctrine in... Shuttlesworth v. Birmingham (1969) ruled that the conviction of the Rev. 1138 (N.D. Miss. The Supreme Court overturned the conviction, holding that Constitution protects the right to receive information and ideas, regardless of their social worth, and to be generally free from governmental intrusions into one's privacy on the grounds that the government "cannot constitutionally premise legislation on the desirability of controlling a person's private thoughts. In 2001, the Supreme Court overturned a federal program that required mushroom producers to subsidize generic advertising for mushrooms. Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. offers insight into the early understanding of religious liberty in allowing exemptions to laws based on religious beliefs... Anderson v. Dunn (1821) upheld the right of Congress to cite individuals for contempt but recognized that contempt citations could suppress First Amendment... Baker v. Fales (Mass. 2001); cert.denied, 534 U.S. 994; 122 S. Ct. 462; 151 L. Ed. See Kathleen R. The Supreme Court of the United States Home Page, See also U.S. Constitution: First Amendment Annotations from FindLaw. 419 (1973): In this case, the U.S. Supreme Court mapped out its famous three-part definition of obscenity. National Institute of Family and Life Advocates v. Becerra. The Supreme Court affirmed the convictions of the defendants for conspiring to violate certain federal statutes by attempting to incite subordination in the armed forces and interfere with recruitment and enlistment. Encyclopedia Table of Contents | Case Collections | Academic Freedom | Recent News. of Specialized & Cooperative Library, Core: Leadership, Infrastructure, Futures, United for Libraries (Trustees, Friends, Foundations), Young Adult Library Services Assn. Romano v. Harrington, 725 F.Supp. The court held the policy unconstitutionally vague as applied to Cohen's in-class speech, calling it a "legalistic ambush." The Supreme Court struck the ordinance down as unconstitutionally discriminating based on the content of expression: the law banned only fighting words that insult based on race, religion, or gender, while abusive invective aimed at someone on the basis of political affiliation or sexual orientation would be permissible. In 1965, the Supreme Court expanded the concept of religion that is protected under the First Amendment in a case involving a conscientious objector who did not... Freedman v. Maryland (1965) ruled that prior restraint under a state film censorship statute unduly restricted the First Amendment rights of film exhibitors... Dombrowski v. Pfister (1965) said federal courts may step in when a state statute substantially chills First Amendment free expression through overbreadth... Estes v. Texas (1965) overturned a conviction based on the presence of cameras in the courtroom and explored relations between the First Amendment and the right... Henry v. Collins (1965) reversed a libel conviction after public officials could not meet the standard to prove libel. 687 (E.D. In Garcetti v. Ceballos, the court ruled that the First Amendment does not apply to speech issued as part of the routine duties of public employees... ACLU v. National Security Agency/Central Security Service (E.D. The Court said the law impermissibly singled out income only from the prisoner's expressive activity, and then only expressive activity relating to his crime, without necessarily compensating any victims of those crimes. = New York Supplement, Second Series, |  Foundations of Free Expression: Historic Cases  |  The Right to Read Freely  | Freedom of Expression in Schools  | Minors' First Amendment Rights  | Free Press  | The Right to Dissent  |  The Right to Free Association and the Freedom of Religion  | Right to Privacy and Anonymity | When Is Speech Unprotected? Cir. State v. Chandler (Del. 2799, 73 L.Ed.2d 435 (1982), Smith v. Board of School Commissioners of Mobile (Ala.) County, 827 F.2d 684 (11th Cir. Ginsberg v. New York, 390 U.S. 62, 20 L. Ed. The most effective antidote to the poison of mindless orthodoxy is ready access to a broad sweep of ideas and philosophies. In R.A.V. Such exercise could not interfere with or disrupt the library's reasonable rules of operation. Ark. 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In Doe v. Gonzales (2005), Justice Ginsburg upheld part of the USA Patriot Act barring librarians from disclosing that the FBI had requested patron information... Hosty v. Carter (7th Cir. In March, I was honored to argue this … The Court held that political cartoons and satire such as this parody "have played a prominent role in public and political debate. The students of Michigan are free to make of Slaughterhouse-Five what they will. 2019-2020 The First Amendment I. 352 (1993): The Court held that a school district that opened its classrooms after hours to a range of groups for social, civic, and recreational purposes, including films and lectures about a range of issues such as family values and child-rearing, could not deny access to a religious organization to discuss the same, permissible issues from a religious point of view. 1972): In deciding that Slaughterhouse-Five could not be banned from the libraries and classrooms of the Michigan schools, the Court of Appeals of Michigan declared: "Vonnegut's literary dwellings on war, religion, death, Christ, God, government, politics, and any other subject should be as welcome in the public schools of this state as those of Machiavelli, Chaucer, Shakespeare, Melville, Lenin, Joseph McCarthy, or Walt Disney. 1989), American Library Association v. U.S. Department of Justice and Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 731 (1969), Board of Education, Island Trees Union Free School District No. In Wilson v. Layne (1999), the Supreme Court balanced First and Fourth Amendment rights and found that allowing media into homes on police ride-alongs was... City of Chicago v. Morales (1999) invalidated a gang loitering ordinance, saying it was too vague. In Bobbs-Merrill Co. v. Straus (1908), the Supreme Court said authors could not control the price of subsequent sales of a book by copyrighting the book... Quick Bear v. Leupp (1908) ruled that expenditures from Native American treaty trust funds for Catholic schools on reservations did not violate the First... Patterson v. Colorado (1907), which upheld a contempt citation against a paper that criticized a state supreme court, has been superseded by new First Amendment... Halter v. Nebraska (1907) upheld a state law that prohibited the use of the American flag in advertising. Check out 9 historic SCOTUS rulings that set the stage for future First Amendment cases (gallery) By Elissa Gray. P.E. 2d 412, 77 S. Ct. 524 (1957): A man convicted of selling "a book containing obscene, immoral, lewd, lascivious language, or descriptions, tending to incite minors to violent or depraved or immoral acts, manifestly tending to the corruption of the morals of youth" to a police officer appealed his conviction to the Supreme Court. 1628, 63 S. Ct. 1178 (1943): In 1940, the West Virginia Board of Education issued regulations requiring every schoolchild to participate daily in a salute to the flag of the United States. In addition, the Court found the newspaper was part of the regular journalism curriculum and subject to extensive control by a faculty member. The Supreme Court held that the principal acted reasonably and did not violate the students' First Amendment rights. Des Moines Independent Community School District, 393 U.S. 503, 89 S.Ct. v. Board of Trustees of the Loudoun County Library, 24 F.Supp.2d 552 (E.D. 2001) ruled that a public school district did not violate students’ First Amendment rights when it required... Legal Services Corp. v Velazquez (2001) said a prohibition on using federal funds designated for indigent legal services to challenge welfare law violated the... American Amusement Machine Association v. Kendrick (7th Cir. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 89 S.Ct. October 16, 2019| by Michael DelSignore. Following a landmark First Amendment case, Rosenblatt v. Baer (1966) remanded a libel case for determination of whether a manager of a county-owned ski resort... Burnside v. Byars (5th Cir. The Court of Appeals found the ordinance unconstitutional, holding that depictions of violence alone cannot fall within the legal definition of obscenity for either minors or adults, and that a government cannot silence protected speech for children by wrapping itself in the cloak of parental authority. Ct. Kings County 1949): After considering the charge that Oliver Twist and the Merchant of Venice are "objectionable because they tend to engender hatred of the Jew as a person and as a race," the Supreme Court, Kings County, New York, decided that these two works cannot be banned from the New York City schools, libraries, or classrooms, declaring that the Board of Education "acted in good faith without malice or prejudice and in the best interests of the school system entrusted to their care and control, and, therefore, that no substantial reason exists which compels the suppression of the two books under consideration. 1987), Virgil v. School Board of Columbia County, 862 F.2d 1517 (11th Cir. In Martin v. City of Struthers (1943), the Court overturned a ruling that upheld the conviction of a door-to-door religious solicitor in a case focusing on... Murdock v. Pennsylvania (1943) invalidated a city ordinance that required solicitors to obtain a license. Pleasant Grove v. Summum (2009) determined a city could refuse to place a monument in a public park because it was a form of government speech immune from First... FCC v. Fox (2009) ruled that the FCC did not act capriciously by changing its fleeting expletives policy. 2168, 141 L. Ed. Section 505, however, is a content-based speech restriction and, therefore, must be the least restrictive means for meeting the governmental interest. The Court strongly suggested that supervised student activities that "may fairly be characterized as part of the school curriculum," including school-sponsored publications and theatrical productions, were subject to the authority of educators. In 1954, the Supreme Court upheld a federal lobbyist law under a First Amendment challenge that it violates right to speech and petition government. • The Governor’s page was designated his “official page,” invoked Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. N.Y. 1989): The U.S. District Court found in favor of a faculty adviser to a high-school newspaper who claimed a violation of the First and Fourteenth Amendments when fired following the newspaper's publication of a student's article opposing the federal holiday for Martin Luther King, Jr. See also: Evans v. Selma Union High School District of Fresno County, 222 P. 801 (Ca. 1389, 152 L.Ed.2d 403, (2002): The U.S. Supreme Court affirmed the Ninth Circuit's judgment invalidating the Child Pornography Prevention Act of 1996 on the grounds that the act's ban on any depiction of pornographic images of children, including computer-generated images, was overly broad and unconstitutional under the First Amendment. We affirm. Does the First Amendment require a prison to entertain a prisoner grievance that contains veiled threats to kill or injure a guard? In 1824, the Pennsylvania Supreme Court upheld a blasphemy conviction against a man who said the Bible was full of fables and lies. The Court ruled that such bans do not violate First Amendment rights of free expression and political... Burson v. Freeman (1992) upheld a law providing for a “campaign free zone” around polling places. In Cohen v. Cowles Media Co. (1991), the Court declined to give First Amendment protection to a paper that was being sued for divulging a confidential source... Leathers v. Medlock (1991) established the principle that a generally applicable tax that may fall harder on one form of media than others does not violate the... "True threats" are not protected by the First Amendment. 305 (1992): St. Paul, Minnesota passed an ordinance that banned "hate speech," any expression, such as a burning cross or swastika, that might arouse anger, alarm, or resentment in others on the basis of race, color, religion, or gender. The film itself was not seen as obscene for adults, but the Court made the distinction between what was obscene if children were the participants compared with if adults were the leading actors. Case: 17-13843 Date Filed: 01/25/2019 Page: 1 of 26 . 41 (1988). On May 28, 2019, the Supreme Court of the United States, in Nieves v. Bartlett, 2019 U.S. LEXIS 3557 (May 28, 2019) held that a plaintiff’s retaliatory arrest claim must pass a threshold showing of the absence of probable cause. 36 (1994): A federal court struck down a local ordinance banning the placement of signs on private property, in a challenge brought by a woman who had posted a sign on her lawn protesting the Persian Gulf War. In early America, blasphemy was not protected by the First Amendment. The five freedoms guaranteed by the 1 st Amendment are speech, press, religion, assembly and petition.. American Library Association v. U.S. Department of Justice and Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. R.A.V. v. Free Speech Coalition, et al., 535 U.S. 234, 122 S.Ct. 2003): The school board of the Cedarville, Arkansas school district voted to restrict students' access to the Harry Potter books, on the grounds that the books promoted disobedience and disrespect for authority and dealt with witchcraft and the occult. 1808) illumines state law prior to the application of the First Amendment to the states. Judges ruled the leak was not protected by... Lyng v. Northwest Indian Cemetery Protective Association (1988) said that building a road through sacred Native American sites did not violate the First... Virginia v. American Booksellers Association remanded two questions about a state’s “harmful to juveniles” statute regulating the commercial display of... Meyer v. Grant (1988) invalidated a provision of a Colorado statute that made it a felony to pay people circulating petitions to include initiatives on state... Boos v. Barry (1988) ruled that a D.C. law violated the First Amendment by banning the display of signs criticizing a foreign government outside that government... Frisby v. Schultz (1988) upheld a city ordinance banning picketing in neighborhoods. Or guardian could children seventeen years old and younger play these types video... This term, the Court said the First Amendment Cases ban of Library! Experience of self-education and enrichment have played a prominent lawyer who alleged that a Jewish man had to trial! Of several students sued and the year ( `` 1992 '' ) Free make... ( 1890 ) upheld the planned deportation of anarchist and alien John Turner under anarchist... Frequently cited First Amendment obscenity issues, the Supreme Court upheld a withdrew... First Amendment, Fascism, and `` fighting words. et al., 539 U.S. 194, 123.! V. Mackell ( 1971 ) rejected the First Amendment, 390 U.S. 62, 20 L. Ed the... 384, 113 S.Ct Falls, Texas, 121 F. Supp political debate FEC ( ). 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