1st amendment cases

Question 1

Cajune v. ISD (black lives matter posters in school)

The Request for Anonymity

Answer 1

Courts are very skeptical of
requests for anonymity:
1. Public’s right to monitor court
proceedings (Sixth
Amendment) “in all criminal
prosecutions, the accused shall
enjoy the right to a speedy and
public trial…”)
2. Fairness towards defendants

Question 2

Cajune v. ISD (black lives matter posters in school)

Viewpoint discrimination occurs when

Answer 2

the government punishes or refuses to
allow speech because it disagrees with
the speaker’s message and is
unconstitutional.

Question 3

West Virginia v. Barnette
- views and concerns of the court

students in trouble for not saluting the flag

Answer 3

▪Preventing government from
becoming tyrannical.
▪Less worried about hurting the
government’s ability to promote
patriotism.
▪Worried about polluting the
political process.

Question 4

The government generally cannot force you tovoice sentiments you disagree with because

Answer 4

of a
concern about tyranny and protecting individual
rights.

Question 5

First Amendment interpretation has been
heavily driven by

Answer 5

practical considerations

Question 6

Brandenburg v. Ohio

KKK ralley case

Answer 6

The Court held that merely advocating
violence generally was not enough to make
speech incitement and withdraw First
Amendment protection from it.

Question 7

Virginia v. Black

Burning crosses illegal and violent threats on recording case

Answer 7

• The Court held that states could punish cross burning done to intimidate but that Virginia’s treating cross burning as prima facie evidence of intent to intimidate violated the First Amendment.
• To rise to the level of a true threat, speech had to “communicate a serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals.”