Cases

Question 1

Schenck v. United States *1919)

Answer 1

Issue: DId schenck’s conviction under the Espionage Act for criticizing the draft violate his First Amendment right to freedom of speech ?

Ruling: The judges upheld his conviction

Vote: 9-0

Reasoning: The espionage Act was fit underneath congress wartime authorities and the pamphlets were presenting a clear danger to the conscription process

Question 2

Morse v Frederick (2007)

Answer 2

Issue: Was Joseph Frederick first amendment rights violated by his school?

Ruling: Reversed
Joseph Fredrick did not have the right to display his bong hits for jesus banner

Vote: 5-4

Reasoning: High School students do not have the same rights as adults in free speech

Question 3

HOLT v HOBBS (2015)

BIG WIN FOR FIRST AMMENDMENT

Answer 3

Issue: Should an inmate (HOBBS) be allowed to grow a ½ inch beard in accordance with his religious beliefs

Ruling: Ruled in favor of hobbs

Vote: 9-0

Reasoning: Hobbs was protected by the Religious Land Use and Institutionalized Persons Act of 2000

Question 4

Thorn Hill v Alabama (1940)

Answer 4

Issue: Did the Alabama law violate Thornhill’s right to free expression under the First Amendment?

Ruling: Thornhills righ to free expression was violated

Vote: 8-1

Reasoning: Thorn Hill picketing was not a danger to anyone’s life or property therefore making the anti picketing law invalid

Question 5

United States v O’Brien (1968)

Answer 5

Issue: Was the law an unconstitutional infringement of O’Brien’s freedom of speech?

Ruling: No Obriens rights were not infringed on
Vote: 7-1

Reasoning:O’briens draft card was a government document and not technically owned by O’brien therefore his free speech was not violated and he just destroyed government property

Question 6

Cohen v. California (1971)

Answer 6

Issue: Did California’s statute, prohibiting the display of offensive messages such as “Fuck the Draft,” violate freedom of expression as protected by the First Amendment?

Ruling: Reversed im favor of Cohen

Vote: 5-4

Reasoning: Cohen wearing a jacket that said “fuck the draft end the war” was not directed at anyone and there was no evidence that seeing the shirt would cause a large number of people to freak out

Question 7

Spence v. Washington (1974)

Answer 7

Issue: Does the Washington statute violate the First and Fourteenth Amendments?

Ruling: upheld
Vote: 6-3

Reasoning: The supreme court said that Spences decoration of the American Flag was well within the rights of symbolic speech attached to the first amendment and the government did not have a right to arrest him for that

Question 8

Wooley v. Maynard (1977)

Answer 8

Issue: Did the New Hampshire law unconstitutionally interfere with the freedom of speech guaranteed by the First Amendment?

Ruling: Reversed the ruling
Vote: 6-3

Reasoning:The Law can not force vehicles to be “mobile billboards” for the states ideological ideals and therefore could not force the motto onto citizens cars

Question 9

Clark v. Community for Creative Non-Violence (1984)

Answer 9

Issue: Did the National Park Service regulations violate the First Amendment by curtailing symbolic speech?

Ruling: reversed in favor of Clark
Vote: 7-2

Reasoning: The regulations against camping in the park were reasonable and in the interest of protecting and maintaign the property of the government meaning the first ammdnement rights of the CCNV were not violated

Question 10

Snyder v Phelps (2011)

Answer 10

Issue: Does the First Amendment protect protesters at a funeral from liability for intentional infliction emotional distress on the family of the deceased

Ruling: Upheld
Vote: 8-1

Reasoning: Although the behavior of the Westboro baptist Church is disgusting they did not disrupt the funeral nor broke any laws. Snyder can also not prove that he was targeted because he did not see the signs until later that not on the news.

Question 11

R.G & G.R Harris Funeral Homes INC V Equal Employment Opportunity Commission (2020)

Answer 11

Issue: Does Title IIX prohibit discrimination against same sex individuals

Ruling: 6-3
Vote: Upheld

Reasoning: Title IIX prohibits all levels of sex/gender discriminations and despite the intent of transgender and homesexuals not being included in 1964 does not mean they are excluded.

Question 12

United States vs Alvarez (20212)

Answer 12

Issue: Was Alvarez protected by his first amendment rights when lying about receiving a congressional medal of honor

Ruling: 6-3
Vote: Upheld

Reasoning: The Supreme court ruled that a statement being false is not enough to rid someone’s first amendment right and that the stolen valor act was unconstitutional for being to broad

Question 13

Texas vs Johnson (1989)

Answer 13

Issue: Is the desecration of an American Flag by Burning or otherwise, a form of speech that is protected under the First Amendment

Ruling: Upheld
Vote: 5-4

Reasoning: The fact that an audience takes offense to certain ideas or expressions, the court found, Does not justify prohibitions of speech. There needs to be more than just offense to the action

Question 14

Lee v. Weisman (1992)

Answer 14

Issue: Does the 1st amendment allow public schools to invite clergy member to offer non-denominational prayers

Ruling: Upheld

Vote: 5-4

Reasoning: This created a state sponsored religious exercise which is unconstitutional

Question 14

Lee v. Weisman (1992)

Answer 14

Issue: Does the 1st amendment allow public schools to invite clergy member to offer non-denominational prayers

Ruling: reversed

Vote: 5-4

Reasoning: This created a state sponsored religious exercise which is unconstitutional

Question 15

Tinker v. Des Moines Indepedent Community School District (1969)

Answer 15

Issue: Were the tinkers first right amendment violated when the school suspended them for wearing protesting armbands?

Ruling: Reversed

Vote: 7-2

Reasoning: The Tinkers did not cause
A Clear present Danger
Discrimination
Violation of a existing law
The tinkers went through the entire school day without causing a issue. The School did not have the right to punish them