The First Amendment & SCOTUS cases

Marbury v. Madison (1803)

Established judicial review

Judicial Review

Power of the court to determine if a government law or action is constitutional

McCulloch v. Maryland (1819)

Established the Supremacy Clause & stated the power of Congress through the "Necessary & Proper Clause"

Supremacy Clause

The federal government & the Constitution are superior to stat government laws and actions. States must listen to federal

Necessary & Proper Clause

Cited in McCulloch v. Maryland as reason Congress was able to establish a national bank

5 Rights of the 1st Amendment

Religion, speech, press, assembly, and petition

The Establishment Clause

Government may not establish an official state religion (some argue cannot show preference to any religion)

The Free Exercise Clause

Citizens have the freedom of practice their religion and Congress cannot make a law that violates that freedom

Balace of Free Exercise & Establishment Clauses

EXAMPLE: prayer in public school that is implemented by the school is not allowed (Establishment), BUT voluntary student-led prayer is allowed (Free Exercise).

Engel v. Vitale (1962)

SCOTUS ruled that state-sponsored prayer in public school is unconstitutional. Because the public school receives state/federal $, the state is supporting a religion

Wisonsin v. Yoder (1972)

SCOTUS rules that Amish family does not have to send children to school past 8th grade as it conflicts with their free exercise. Students will not receive any extra knowledge and values within the system

Lemon Test

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.

Libel, Slander, Obscenity

Forms of speech NOT protected by the 1st Amendment

Libel & Slander

written/verbal false statements about another person that damage their reputation

Schenck v. US (1919)

SCOTUS rules that speech can be limited if during a wartime and speech can cause a "clear & present danger". Pamphlets encouraged ignoring draft was concern for military operations.

Clear & Present Danger

Government can interfere with speech that can potentially lead to a danger

Brandenburg v. Ohio (1969)

SCOTUS overturns Schenck decision. Government must prove that speech actually can cause a danger to social order & chaos regardless of how hateful the speech is.

Tinker v. Des Moines (1969)

SCOTUS rules that students have freedom of speech within a school as long as speech does not prevent the functioning of the school day. Students wore black armbands to protest war

Texas v. Johnson (1989) & Eichmann v. US (1990)

SCOTUS rules that flag burning is a protected form of symbolic speech.

Prior Restraint

government censorship of information before it is published

NYT v. US (1971)

SCOTUS rules that government cannot interfere with the press and must prove that information would legitimately compromise national security. "Pentagon Papers Case"

NYT v. Sullivan (1964)

SCOTUS rules that plantiffs must prove that publication/newspapers acted with "actual malice" when printing information

Symbolic Speech

nonverbal "speech" such as picketing, flag burning, fashion choice

Pure Speech

Verbal expression of thoughts & opinions

"wall of separation"

the separation between church & statement

Time, Place, and Manner Restrictions

Government regulations that place restrictions on free speech. These regulations, specifying when, where, and in what way speech is allowed, are applied when unrestricted free speech will conflict with the rights of others.