WTP Unit 5 Q1 and Q2

Texas v. Johnson (1989)

The Supreme Court case where the Court ruled that burning the American flag in protest is protected free speech under the First Amendment, emphasizing that offensive expressions cannot be prohibited and affirming the importance of symbolic speech.

Federalist 10

Written by James Madison, this essay addresses the dangers of factions—groups with shared interests that may undermine individual rights. Madison argues that a large republic can better manage these dangers by preventing any single faction from dominating, thereby promoting diverse interests.

Federalist No. 84

Alexander Hamilton's argument for a Bill of Rights, stressing the need for explicit protections to safeguard individual liberties, particularly free speech, against potential government overreach.

Engle v. Vitale (1962)

The Supreme Court ruled that a mandated prayer in public schools violates the Establishment Clause of the First Amendment, underscoring the separation of church and state even in voluntary prayer contexts.

The Clear and Present Danger Test

Established in Schenck v. United States, this legal standard allows for the restriction of speech if it poses a clear and immediate threat of significant harm, balancing public safety against First Amendment rights.

Imminent Lawless Action

From Brandenburg v. Ohio, this standard protects speech unless it incites immediate unlawful action and is likely to produce such action, prioritizing free speech while allowing some restrictions.

New York Times v. Sullivan

This landmark case established the 'actual malice' standard for public officials to prove defamation, ensuring robust protections for media freedoms and encouraging public discourse.

Fighting Words Doctrine

Emerging from Chaplinsky v. New Hampshire, this doctrine identifies 'fighting words' as speech likely to incite immediate violence, which is not protected under the First Amendment due to its potential to provoke disturbances.

Snyder v. Phelps

The Court ruled that the Westboro Baptist Church's protests at military funerals were protected under the First Amendment, reinforcing free speech rights, especially on matters of public concern.

Tinker v. Des Moines

This case confirmed that students have the right to engage in symbolic speech within public schools, as long as it doesn’t disrupt educational processes, affirming their constitutional rights.

Bethel School District v. Fraser

The Court upheld schools' authority to discipline students for inappropriate speeches at school events, affirming that educational institutions can regulate content that conflicts with their mission.

Hazelwood School District v. Kuhlmeier

The ruling allowed school officials to exercise editorial control over school-sponsored publications, defining the boundaries of student speech rights in relation to educational objectives.

Cohen v. California

The Court ruled that wearing a jacket with profane language in a courthouse was protected under the First Amendment, stating that offensive speech is still a form of expression deserving protection.

Title VI in Education

A federal civil rights law prohibiting racial discrimination in any program receiving federal financial assistance, aimed at ensuring equal educational opportunities.

Free Exercise Clause

Part of the First Amendment, this clause protects individuals' rights to practice their religion freely, barring government interference unless it conflicts with compelling state interests.

Establishment Clause

This clause prevents the government from establishing an official religion or showing favoritism toward any religion, maintaining the separation of church and state.

Wisconsin v. Yoder (1972)

The Court upheld the Amish parent's right to refuse compulsory education beyond eighth grade, prioritizing religious beliefs over state interests in education.

Employment Division v. Smith (1990)

This case allowed states to enforce neutral laws that may inadvertently burden religious practices, limiting protections under the Free Exercise Clause.

Everson v. Board of Education (1947)

This case extended the Establishment Clause to state laws, allowing tax funds for transportation to parochial schools without government endorsement of religion.

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah (1993)

The Supreme Court struck down local laws that targeted the Santeria religion's rituals, asserting that such laws did not meet the neutral and generally applicable standards required by the First Amendment.

Trinity Lutheran Church of Columbia v. Comer

The Court ruled against discrimination in a state program that provided aid to non-profit organizations, affirming that religious entities cannot be excluded from public funding for secular purposes.

303 Creative LLC v. Elenis (2023)

This ruling determined that compelling a website designer to create a wedding site for a same-sex couple infringed on her First Amendment rights, highlighting the conflict between free speech and anti-discrimination laws.

Roman Catholic Diocese of Brooklyn v. Cuomo (2020)

In response to COVID-19 restrictions, the Court ruled that New York's limitations on religious gatherings violated the Free Exercise Clause, strengthening protections for religious practices in emergencies.

Masterpiece Cake Shop v. Colorado Civil Rights Commission (2018)

The Court sided with a baker who refused to create a custom cake for a same-sex couple, citing his religious beliefs, reflecting the tension between religious freedom and anti-discrimination laws.

Reynolds v. United States (1879)

This case established that while religious beliefs are protected, illegal actions based on those beliefs (like polygamy) can be restricted to uphold public morality.

Keyishian v. Board of Regents (1967)

The Court declared laws that remove educators based on their political beliefs unconstitutional, safeguarding academic freedom as a protected right.

Healy v. James (1972)

This decision affirmed students' rights to form organizations and express free speech in public universities, recognizing such activities as essential to the educational experience.

Papish v. Board of Curators of the University of Missouri (1973)

The Court ruled that a public university could not penalize a student for offensive publications unless they disrupted the educational process, reinforcing rights to free speech.

Island Trees School District v. Pico (1982)

This case limited school boards' powers in removing library books, affirming students' rights to access diverse ideas and information.

NetChoice, LLC v. Paxton (2024)

This pending case examines free speech issues regarding online content regulation by platforms, addressing the implications for digital expression in an evolving technological landscape.