Freedom of Speech Cases

Nebraska Press Association vs Stuart

1976

Gag order was too vague, so the press could still cover it

Highly publicized murder trial

Judge could instead keep jury sequestered (isolated from public and media) during trial

Stromberg v Cali

1931

Cali law banned communist flag

SC ruled law was UNCONSTITUTIONAL bc it punished legal opposition to the gov

US vs O’Brien

1968

4 men burned draft cards in protest of Vietnam, arrested bc supposed to have cards at all times by law

SC ruled law was constitutional bc

• served valid government interest

• Men could’ve protested another way

• Not intended to suppress speech

Tinker v Des Moines

1969

Students suspended for wearing armbands protesting Vietnam

SC said it wasn’t disruptive, students “don’t shed rights to freedom of speech at school gate”

Speech at school does end when it results in disruptions or violates others’ rights

Texas v Johnson

1989

Protester burned US flag, against Texas law

SC said law unconstitutional bc infringed on free speech

Reno v ACLU

1997

SC said law prohibiting distribution of INTERNET ADULT MATERIAL was unconstitutional

New York Times Co vs Sullivan

1964

SC said story about Alabama police officer was protected

Even if it was wrong, since NYT could’ve not known

Bethel v Fraser

1986

Schools can punish lewd/indecent speech

Student made an inappropriate speech at an assembly

Hazelwood v Kuhlmeier

1988

Speech regulated in school-sponsored activities

Near v Minnesota

1931

Newspaper called officials gangsters, against state law

SC ruled the law was a limit on press (unconstitutional)

NYT Co vs US

1971, aka Pentagon Papers

Pentagon employee leaked to NYT a gov report ab Vietnam war, Gov tried to stop its publishing

SC let them publish

Justice William O Douglas “purpose of 1st amendment to stop suppression of embarrassing info, serve the GOVERNED, bare Gov secrets and inform people”

Schenck vs US

1919

Socialist arrested for printing anti-WWI leaflets

SC ruled against Schenck, “presented a clear and present danger”

Gitlow vs NY

1925

SC ruled speech can be restricted ONLY if it has tendency to lead to illegal action

Whitney v California

1927

SC said Gov can ban speech that threatens to overthrow Gov by unlawful means

Brandenburg V Ohio

1969

Speech that generally advocates violence is protected

Only “inciting immediate lawlessness” is banned

KKK member advocated violence, but didn’t incite it

Nazi Party Rally in Skokie, Illinois

1977

Locals demanded they pay $350,000 bond for a parade permit

Courts sided with Nazis, saying high bond restricted free speech and assembly