Freedom Of Speech Cases Flashcards
What was the case of Schneck v. U.S.?
Two people Schneck and Baer mailed leaflets criticizing military draft saying it violated 13th amendment. Were convicted of violating espionage act. Court created clear and present danger test and upheld that because of wartime Schneck couldn’t oppose.
What was the case of Gitlow v. New York?
Gitlow was arrested for distributing left wing manifesto that encouraged strikes and class action of any form. Court ruled that his arrest was lawful because he was advocating for violent action in order to overthrow Gov.
What was the case of Tinker v. Des Moines?
Students in Des Moines wore wristbands protesting Vietnam war, and principal sent them home. Court ruled that this did violate free speech because the bands only represented speech and were independent from action.
What was the case of Bethel School v. Fraser?
In front of 600 students, Fraser nominated a fellow student as candidate and used a sexual metaphor. He was suspended. Court ruled that school could prohibit the use of vulgar language.
What was the case of Hazelwood v. Kuhlmeier?
School sponsored newspaper had obscene content and principal prohibited it from being published. Court ruled that schools did not have to promote particular types of speech.
What was the case of Miller v. California?
Miller conducted a campaign advertising adult material. Court held that obscene materials were not protected by first amendment.
What was the case of Texas v. Johnson?
Gregory Lee Johnson burned American flag protesting Reagan. In Texas it was outlawed but court ruled that actions were merely expressive and even though made some people angry, prohibitions of speech shall not be taken away.
New York Times v. U.S.
Nixon administration tried to prevent NY times from publishing classified defense department documents. This was a violation because Nixon was preventing a harmless action of free speech.
What was the case of National Socialist Party of America v. Village of Skokie
A nazi group wanted to rally in a Jewish town and town tried to prevent them from doing so. Court ruled that the nazis were allowed to March into the town because it was a protest and they weren’t doing any harm.
What was the case of Hurley v. Glib?
A council was holding a parade and they wanted to exclude a bi group. The state said they had to include the group but the Supreme Court ruled that they didn’t have to include them because that would be limiting the free speech of the organizers.
