Freedom of Speech SCOTUS Cases

Schenck v. United States (1919)

speech creating a “clear and present danger” is not protected under the First Amendment and can be limited

Gitlow v. New York (1925)

The First Amendment applies to state law through the Due Process Clause and the 14th Amendment

Feiner v. New York (1951)

The First Amendment permits the government to take action against speech when there is a clear and present danger that will cause a disturbance of the peace

Brandenburg v. Ohio (1969)

A state may not forbid speech advocating the use of force or unlawful unless the speech is directed to inciting or producing imminent lawless action

Texas v. Johnson (1989)

burning the flag was protected speech under the First Amendment

Wisconsin v. Mitchell (1992)

Enhanced penalties for hate crimes do not violate the defendants rights under The First Amendment

Snyder v. Phelps (2011)

The First Amendment prohibited the imposition of civil liability upon a church and it’s members who picketed the funeral of a slain Marine