First Amendment Cases

Engel v. Vitale (1962)

New York Board of Regents made and sponsored a prayer for use in public schools.

Does a state law requiring teachers and students to recite a daily prayer violate the Establishment Clause of the 1st Amendment?

In favor of Engel/Parents. Sets precedent for dealing with religion in public schools.

Lemon v. Kurtzman (1971)

RI & PA allowed state aid to religious schools.

Does the state funding secular subjects in private schools violate the Establishment Clause?

Created Lemon Test;

1. Secular Purpose — The action must have a legitimate non‑religious purpose.

Wikipedia

2. Primary Effect — The action’s main effect must neither advance nor inhibit religion.

3. No Excessive Entanglement — The action must not foster excessive government involvement with religion.

Lee v. Weisman (1992)

School invites Rabbi to say prayer at a public school graduation; parent is uncomfortable.

Does offering a nondenominational prayer at a public school graduation violate the Establishment Clause?

Coercive nature in this dynamic; students want to attend graduation, feel peer pressure to conform.

Santa Fe Independent School District v. Doe (2000)

Students vote to say prayer before school football games.

Does a policy allowing student prayer before football games violate the Establishment Clause? Yes.

Zelman v. Simmons Harris (2002)

Cleveland schools = low-performing; state took over in 1995. Offered vouchers to parents to send kids to better schools.

Does a policy allowing aid vouchers to be used for religious school tuition violate the Establishment Clause? No.

Kennedy v. Bremerton School District (2022)

High school football coach says prayer during game, students join voluntarily.

Because there was no coercion court ruled it constitutional.

Sherbert v. Verner (1963)

Woman fired for refusing to work on Saturday due to religion, denied unemployment benefits. Did this violate religious freedom? Yes, government must justify substantial burdens on religious practice under strict scrutiny in this context

Wisconsin v. Yoder (1972)

amish parents refused to send children to school past eighth grade. Did compulsory education violate religious freedom? Yes Amish religious freedom outweighed the states interest in education under these circumstances.

Employment Division v. Smith (1990)

two Native American church members fired for using peyote in religious ceremonies, denied benefits. Did denying benefits violate religious freedom? No, neutral laws that apply to everyone can restrict religious practices.

Masterpiece Cakeshop v. Colorado (2018)

Baker refused to make a wedding cake for a same-sex couple due to religious beliefs. Did Colorado violate the bakers religious freedom? Yes, commission showed religious hostility; no general right to a few same-sex wedding services established.

schenk v US

Schenk distributed leaflets urging men to resist the draft. Argued it violated 13th amendments prohibition on involuntary servitude. Does a conviction for anti-draft advocacy violate the first amendment protection to free speech? Speech that creates a client present danger is not protected.

Brandenburg v Ohio

Brandenburg gave a speech at a KKK rally that included racist statements and threatens of taking Revengeance against the government. Convicted under our law that prohibited advocating violence as a means of political reform. Does a law that criminalizes advocacy of legal action violate the first amendment protection of free speech? Abstract advocacy of violence or legal conduct is protected. Established the Brandenburg test.

tinker V Des Moines

Students publicly expressed opposition to the Vietnam war with black arm bands. School administration created a policy that for both the wearing of the armbands in school. Violators were suspended. Did the policy of prohibiting the wearing a black arm bands violate the students first amendment right for speech? yes. Arm bands were symbolic speech and protected if protest didn't disrupt learning or violate rights of other individuals

Miller v California

Miller owned adult bookstore sent mass mailing to advertise products. Convicted under California law. Does a ban on the sale distribution of material some consider obscene violate the first amendment right to free speech? Developed Miller test for determining what is obscene. Average person using contemporary community standards would find the work appeals to a prurient interest.

work depicts or describe sexual conduct in an offensive way. Lack serious literary artistic political or scientific value.

Bethel school District V Frasier

dispute over a speech laced with sexual innuendo presented to a high school assembly. Suspended for three days for violating policy against obscene and profane language. Does the suspension of a student for using profane language violate the first amendment protection to write a free speech? Freedom to advocate unpopular and controversial views in schools in classrooms must be balanced against the societies countervailing interest in teaching students the boundaries of socially acceptable behavior.

Texas V Johnson

Johnson burned an American flag outside the 1984 Republican national convention in protest of Reagan administration policies. Convicted under a Texas law that prohibited flag desecration. Does a law criminalizing flag desecration violate the first amendment perception of free speech? Yes, flagburning was expressive conduct with political meaning. Government cannot prohibit speech or expression simply because it is offensive or unpopular.

Eichman V United States

after Texas V Johnson, Congress passed the flag protection act of 1989 criminalizing flag Desecration. Eichman and others burned American flags to protest the law and were prosecuted under it. Does the flag protection act of 1989 which prohibits flag desecration violate the first amendment? Reaffirm Texas V Johnson government cannot prohibit expression simply because it is offensive. Law was an unconstitutional content based restriction on speech.

morse V Frederick

principal allowed students to watch Olympic torture during school. As the torch bearers and TV camera crew passed Frederick and friends displayed a banner that said bong hits for Jesus. Does the school policy that restrict student speech viewed as promoting drug use at a school event violate the first amendment protection to free speech. No, discussion of drug use is inappropriate. Speech may be protected outside of school, can be limited.

Snyder V Phelps

Westborough Baptist Church protested a soldiers funeral with offensive signs; his father sued for emotional distress. Was the protest protected by freedom speech?. Yes, speech on public issues in public places is protected by the first amendment, even if deeply offensive.

near v Minnesota

mr. Nir published a scandal sheet about local public officials. Official saw an injunction to stop his publication. Does prior restraint of publications critical of public officials violate the first amendment protection of press freedom? Yes, very limited circumstances for government censorship of the press.

New York Times V Sullivan

Add in New York Times alleged Arrest of MLK Junior was part of campaign against him integration of efforts. County commissioner Felt defended sued awarded damages. Does awarding liable damages without proof of harm violate the first amendment protection of press freedom? Yes, some degree of error is unavoidable. To hold press to a standard of 100% accuracy would lead to self censorship which would be bad for public who needs info. Created new standard public officials must demonstrate false statements made with“ Created new standard public officials must demonstrate false statements made with "" actual malice

New York Times versus United States

Pentagon leak documents to NYT regarding secret US actions in Vietnam. Nixon administration prior restraint to prevent publication. Does allowing prior restraint without proof of national security harm violate the first amendment protection of press freedom? Yes, have presumption of press freedom. Government didn't prove publication would've caused direct threat to US forces.

Hustler V fall well

Hustler published a parody ad featuring televangelist Jerry Falwell. Add included a disclaimer add parody not to be taken seriously. Fall will suit hustler and it's publisher. Did the award of damages to a public figure for emotional distress caused by a parody violate the first amendment protection of freedom of speech impress? Yes, relied on the actual malice president. Court emphasize that speech critical of public figures even if offensive or outrageous is protected under the first amendment.

hazelwood v kuhlmeier

principal remove pages from student newspaper. Articles on team pregnancy and effects of divorce on students. Believe material was inappropriate for younger students and that some students. Did the principal censorship of article articles in a student newspaper violate the first amendment protection of freedom of press? No, school newspapers are a part of the curriculum and not public forms for unrestricted student expression.

mahanoy area school district v. B.L.

BL suspended from cheer team after posting a Snapchat photo criticizing the school and cheer program. Did school district suspension of a student from extracurricular activities for off-campus speech violate the first amendment protection of freedom of speech? Yes, because her speech occurred off campus and did not cause substantial disruption to school activities

first amendment

Protects religion speech press assembly and petition

free exercise clause

Protects the practice of religion

establishment clause

Government cannot establish or officially favor a religion

freedom of speech

right to express opinions, with some limits

prior restraint

Government censorship before speech or public

symbolic speech

Expressing ideas through actions, like burning a flag

public forum

Government property where speech protections often apply

content based restriction

limit speech because of its message or subject

content neutral restriction

limits when, where, or how speech occurs, regardless of message

strict scrutiny

Highest level of judicial review; requires a compelling government interest in narrow tailoring

compelling government interest

very important government goal that can justify certain restrictions

unprotected speech

certain categories of speech that receive little or no first amendment protection

incitement

speech intended and likely to cause imminent lawless action

defamation

False statement that harm someone's reputation

slander

spoken defamation

libel

written or published defamation

obscenity

sexually explicit material meeting a strict legal test; not protected by the first amendment

Time, place, and manner restrictions

rules regulating when, where, or how speech happens