What are some current Court cases involving the 1st Amendment?


  • Cox v. New Hampshire. Protests and freedom to assemble.
  • Elonis v. U.S. Facebook and free speech.
  • Engel v. Vitale. Prayer in schools and freedom of religion.
  • Hazelwood v. Kuhlmeier. Student newspapers and free speech.
  • Morse v. Frederick.
  • Snyder v. Phelps.
  • Texas v. Johnson.
  • Tinker v. Des Moines.

What Court case determined that students have 1st Amendment rights?

The U.S. Supreme Court has decided several cases involving the First Amendment rights of public school students, but the most often cited are Tinker v. Des Moines Independent Community School District (1969), Bethel School District No. 403 v.

What case used the First Amendment?

Whitney v. California, 274 U. S. 357 (1927): Since Anita Whitney did not base her defense on the First Amendment, the Supreme Court, by a 7 to 2 decision, upheld her conviction of being found guilty under the California’s 1919 Criminal Syndicalism Act for allegedly helping to establish the Communist Labor Party, a …

What part of the First Amendment was violated in the Court case?

The Court held that the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks, in Section 2(a), violates the Free Speech Clause of the First Amendment. The Court held that the presence of probable cause defeats a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.

What are some examples of the First Amendment?

The First Amendment protects several basic freedoms in the United States including freedom of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government.

What is the Brandi Levy case called?

B.L., 594 U.S. ___ (2021), was a United States Supreme Court case involving the ability of schools to regulate student speech made off-campus, such as speech made on social media.

In what cases does the First Amendment not apply?

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …

What cases dealt with the rights of those accused of crimes?

Alabama (1932) and Gideon v. Wainwright (1963). The Supreme Court also decided that at the time of his arrest the accused must be notified of both this right to counsel and the right not to answer any questions that might produce evidence against him (see Miranda v. Arizona).

How can the 1st amendment be violated?

Certain categories of speech are completely unprotected by the First Amendment. That list includes (i) child pornography, (ii) obscenity, and (iii) “fighting words” or “true threats.”

What case determined the Lemon test on the First Amendment cases?

Lemon v. Kurtzman I
Kurtzman I (1971) The landmark Supreme Court case Lemon v. Kurtzman, 403 U.S. 602 (1971), established a tripartite test to determine violations of the First Amendment establishment clause.

Are there any Supreme Court cases involving the First Amendment?

This is a list of cases that appeared before the Supreme Court of the United States involving the First Amendment to the United States Constitution . Flast v. Cohen (1968) Valley Forge Christian College v. Americans United for Separation of Church & State (1982) Walz v. Tax Commission of the City of New York (1970)

What was the outcome of the Missouri 1st Amendment case?

The U.S. District Court for the Eastern District of Missouri found no 1 st Amendment violation. The students appealed to the Eighth Circuit Court of Appeals, and that court found in their favor. The Eighth Circuit said the students’ rights had been violated. The school district then asked the U.S. Supreme Court to review the case.

What was the Supreme Court decision in Espinoza v Montana?

The Supreme Court in 2020 ruled that First Amendment speech protections did not apply to foreign organizations in affirming a law barring AIDS funding to… Espinoza v. Montana Department of Revenue (2020)

When does the First Amendment require judicial intervention?

It is only when the decision to censor … has no valid educational purpose that the First Amendment is [implicated],” as to require judicial intervention to protect students’ constitutional rights .” by author of opinion, Justice Byron White The official version of the opinion can be found in the U.S. Reports at your local law library.