Am Gov Case List

cases for the first amendment

Lemov v. Kurtsman (1971)

created a three pronged test for religion cases in schools:

1. law must have a secular purpose

2. effect of the law must not enhance or prohibit religion

3. law must not create excessive entanglement between state and religion

Engel v. Vitale (1962)

it’s unconstitutional to make students pray in school

Everson v. BoE (1947)

taxes can pay for taking students to parochial schools, buy secular textbooks, and pay for tuition factors for low-income families

Van Oden v. Perry (2005)

the 10 commandments can be displayed if other religious texts are and if they’re not paid for by tax dollars

Minversville School District v. Gobitis (1940)

upheld the student flag salute mandate in the interest of “national unity”

West Virginia BoE v. Barnette (1943)

reversed the mandatory flag salute decision, saying that one can’t force a unanimous opinion upon people

Wisconsin v. Yoder (1972)

school attendance beyond 8th grade isn’t mandatory if because of religious beliefs

Employment Division v. Smith (1990)

illegal drugs can’t be used for religious purposes

Santa Fe v. Doe (2000)

student led prayer at school events violates the constitution

U.S v. O’Brien (1968)

burning the draft card isn’t protected by free speech because it could encourage other people to burn their cards and to desert the war

Texas v. Johnson (1989)

burning the u.s flag is a protected form of symbolic, political speech

Morse v. Frederick (2007)

public schools can limit/prohibit speech if it promotes drugs or any illegal substances

Schenck v. U.S (1919)

first amendment doesn’t protect speech that presents a clear and present danger to cause “signifigant evil”

reno v. ACLU

congress cant use blanket statements to regulate online/sent speech based off of its content

brandenburg v. ohio

speech can be limited if it’s directed at incite or produce imminent lawless action or if it can produce it

chaplinsky v. new hampshire

fighting words are not protected by the 1st amendment, fighting words as in words that break the peace and cause direct harm to their target

tinker v desmoins

students dont lose ther 1st amendment rights once on school property, and symbolic speech or poliical are protected in schools

bethel v fraser

the 1st amendment doesnt protect students who make lewd speech or use vulgar language as it’s considered disruptive to the flow of education

hazelwood v. kuhlmeier

schools arent obligated to promote certain kinds of student speech that dont line up with the values of society

NYT v. sullivan

in order to prove libel, you have to prove that the accused was completely aware that they were spreading misinformation

near v minnesota

with very few exceptions, the govt cant censor publications before they’re published

NYT v. U.S (pentagon papes)

for publications not inciting inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified

sheppard v. maxwell

sheppard wasnt able to have a fair trial because of the extensive and aggressive media coverage

turner broadcasting v. fcc

must-carry mandates were not unconstitutitonal because they werent determined by content but my broadcasting method

miller v. california

obscene materials are not protected by the first amendment

burstyn v. wilson

court upheld that film is protected by the first amendment

richmond newspaper v. virginia

reporters and news coverage is allowed in courtrooms

cox v. new hampshire

states can place regulations on protests to ensure they keep peace and order

adderly v. florida

state can control its own property for legal, non discriminatory reasons

feiner v. new york

police can suspend free speech if they fear that the speech might cause violence, but not based on the content of the speech

gregory v chicago

arrests for protestors must be backed by actual disorderly conduct

nazi party of america v. village of skokie

you cant disallow a protest/rally based off of its content

dejonge v oregon

states have to adhere by the right to assembly