Review of Important Supreme Court Cases Regarding First Amendment Rights

These flashcards cover key Supreme Court cases related to First Amendment rights, focusing on rulings about religion, speech, press, and assembly.

Everson v. Board of Ed. (1947)

Ruled that reimbursing bus fares for parochial schools did not violate the Establishment Clause.

Lemon Test

Establishes that laws must have a secular purpose, neither advance nor inhibit religion, and avoid excessive entanglement.

Engel v. Vitale (1962)

Prohibited state-sponsored prayer in public schools.

Minersville School District v. Gobitis (1940)

Upheld mandatory flag salute, stating it was a basis of national security.

West Virginia State Board of Ed v. Barnette (1943)

Overturned Gobitis, ruling that students cannot be compelled to salute the flag.

Wisconsin v. Yoder (1972)

Ruled that Amish parents had the right to refuse compulsory school attendance beyond 8th grade for religious reasons.

Employment Division v. Smith (1990)

Determined states can deny unemployment benefits if the law is neutral and generally applicable despite religious motives.

Van Orden v. Perry (2005)

Upheld the Ten Commandments monument on public grounds, ruling it had historical rather than purely religious significance.

Santa Fe v. Doe (2000)

Held that student-led prayer at football games violated the Establishment Clause as it was unconstitutional state-sponsored prayer.

U.S. v. O’Brien (1968)

Established that burning a draft card is not protected symbolic speech; introduced the O'Brien Test.

Texas v. Johnson (1989)

Ruled that flag burning is protected symbolic speech as it constitutes expressive conduct.

Morse v. Frederick (2007)

Allowed schools to prohibit messages promoting illegal drug use in student speech.

Schenck v. U.S. (1919)

Established the Clear and Present Danger test for limiting speech.

Tinker v. Des Moines (1969)

Affirmed that students do not lose their First Amendment rights at school unless their speech causes substantial disruption.

Bethel School District v. Fraser (1986)

Allowed schools to prohibit lewd speech and protect the audience.

NY Times v. Sullivan (1964)

Established Actual Malice standard that public officials must prove in libel cases.

Near v. Minnesota (1931)

Ruled that prior restraint, or censorship before publication, is generally unconstitutional.

Sheppard v. Maxwell (1966)

Defendant's right to a fair trial can outweigh free press rights if media creates a prejudicial atmosphere.

Miller Test

Determines whether material is obscene based on lacking serious value and violating community standards.

Richmond Newspapers v. Virginia (1980)

Established the right of the public and press to attend criminal trials.

Cox v. New Hampshire (1941)

Allowed reasonable time, place, and manner restrictions for parades.

Feiner v. New York (1951)

Upheld police authority to arrest speakers if their words create a clear danger of unrest.

Gregory v. Chicago (1969)

Ruled peaceful protesters cannot be arrested due to violent reactions from bystanders.

DeJonge v. Oregon (1937)

Incorporated the Right to Assemble to the states, protecting peaceful assembly from criminalization.