American law 1st amendment test review

Schenck v US

1st Amendment does not protect speech that creates a "clear and present danger"

Espionage Act

a federal law that makes it a crime to gather, share, or disclose national defense information with the intent to harm the United States or aid a foreign nation

Smith Act

a federal law that made it a crime to advocate, teach, or organize the violent overthrow of the U.S. government

Dennis v US

1st Amendment does not protect speech advocating the violent overthrow of the government if the threatened danger is grave and probable (upheld arrests of communist supporters)

Cohen v California

1st Amendment protects the public display of offensive or profane words —> protected man arrested for wearing a jacket saying “f*ck the draft”

Roth v US

Established that obscenity is not protected by the 1st Amendment

Miller v California

Created the legal “Miller” test for determining obscenity

Tinker v Des Moines

ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Texas v Johnson

ruled that flag burning is protected symbolic speech.

Chaplinsky v New Hampshire

ruled that “fighting words” are not protected speech.

Termineillo v Chicago

protected controversial speech that may cause unrest or anger listeners.

Feiner v New York

allowed limits on speech that threatens public safety or could cause riots.

Bethel v Fraser

allowed schools to punish vulgar student speech at school events “i know a man who is firm in his character…”

Collin v Smith

protected the right of a Nazi group to march peacefully in Skokie, Illinois.

Frederick v Morse

allowed schools to restrict speech promoting illegal drug use, involving the “Bong Hits 4 Jesus” banner.

Snyder v Phelps

protected offensive protest speech at military funerals because it involved public issues. —> Westboro Baptist Church said gay people are causing military deaths

Prior restraint

government censorship of speech or publication before it occurs

Hazelwood v Kuhlmeier

allowed schools to censor school sponsored student newspapers —> teenage pregnancy and divorce in student newspaper

Sullivan v New York Times

made it harder for public officials to win libel cases by requiring proof of “actual malice.” —> a false statement was published with the knowledge that it was false

New York Times v United States (Pentagon Papers)

ruled that the government could not stop newspapers from publishing the Pentagon Papers —> revealed the U.S. government repeatedly and secretly misled the American public about involvement in Vietnam War

Libel

a false written statement that damages a person’s reputation.

Slander

a false spoken statement that damages a person’s reputation.

Hustler v Falwell

protected parody and satire under free speech rights.

Establishment clause

prevents the government from establishing an official religion

Engle v Vitale

banned official prayer in public schools —> The regents prayer

Abington v Schempp

banned mandatory Bible readings in public schools.

Wallace v Jaffree

struck down school prayer moments intended to encourage religion.

Lee v Weisman

ruled that clergy led school graduation prayers are unconstitutional

Santa Fe v Doe

banned student led prayer at public school football games.

Lynch v Donnelly

allowed religious holiday displays if they also had secular purposes. —> the reindeer rule= can display religious symbols on public property, provided there’s also a sufficient number of secular holiday items

Free Exercise Clause

protects people’s right to practice their religion freely

Reynolds v US

ruled that religious belief does not excuse illegal actions like polygamy.

Smith v Oregon

ruled that the government can enforce neutral laws (like prohibiting illegal drugs) without making religious exceptions —> Oregon was allowed to deny unemployment benefits to workers fired for using peyote in a religious ceremony

Wisconsin v Yoder

allowed Amish families to remove children from school after the eighth grade for religious reasons.

Minersville v Gobitis

allowed schools to require students to salute the flag.

West Virginia v Barnette

ruled that students cannot be forced to salute the flag or recite the Pledge of Allegiance.

Santeria

a religion blending African spiritual traditions with elements of Catholicism and was protected in later Supreme Court rulings

Goldman v Weinburger

upheld military uniform rules restricting religious apparel like yarmulkes.

14 th amendment

guarantees citizenship, due process, and equal protection under the law.

Equal protection of the law

the government must treat people fairly and equally.

Plessy v Ferguson

established the “separate but equal” doctrine for racial segregation.

Brown v Board of Ed

ruled that “separate educational facilities are inherently unequal,” ending legal school segregation.

Bakke v UC Davis

ruled that racial quotas in college admissions are unconstitutional but race may still be considered.