Landmark Freedom of Speech Cases Created By: Michael Vitak

Schenck v. United States 1919

Distributed anti-draft brochures to soldiers leaving to serve in WWI Advised the soldiers to appeal the draft Charged with attempting to cause insubordination in the military

Schenck v. United States Dealt with Freedom of Speech Distributed anti-war brochures Convicted under the Espionage Act of 1917 Was Schenck distribution of anti-war propaganda protected under the First Amendment? Established the “clear and present danger” test Schenck v. United States Tried under the Espionage Act of 1917 The case reached the Supreme Court in 1919 The legal question was whether Schenck distribution of anti-war propaganda was protected by the first amendment? The decision was unanimous, and the justices convicted Schenck Sentenced to 6 months in prison This established the clear and present danger clause This allowed the courts to analysis each case independently

Debs v. United States 1919

Debs was the leader of the socialist party of america Arrested after giving a speech arguing for citizens refusal to serve in the military Charged under the Espionage Act of 1917

Debs v. United States Dealt with the Freedom of Speech Arrested after speaking out against the draft Did Debs’ arrest under the Espionage Act violate his First Amendment rights? His conviction was upheld Convicted in a federal district court Reached the supreme court in 1919 The question before the supreme court was whether Debs’ conviction under the Espionage act violated the First Amendment? Unanimous decision Conviction was upheld because it nearly mirrored Schenck v. United States

Texas v. Johnson 1989

During a political demonstration at the Republican National Convention in Dallas, Texas Gregory Lee Johnson doused an American flag with kerosene and set it on fire. This was in response to President Reagan’s policies, and no one was hurt. Johnson was charged for desecration of a venerated object, which violated Texas law. He was sentenced to one year in jail and fined $2,000.

Texas v. Johnson Dealt with the Freedom of Speech, Press, and Assembly Is burning the American flag protected under the First Amendment? The ruling invalidated laws in 48 states This case found its way to the Supreme Court, and the Justices were faced with whether desecration of an American flag was a form of speech that is protected under the First Amendment? In a 5 to 4 decision they ruled in favor of johnson The ruling reversed laws in 48 states This allows Americans to openly burn an American flag, and still remains extremely contentious

Morse v. Fredrick 2007

At a school sponsored event Joseph Fredrick held up a banner that read “Bong Hits for Jesus” The School principle confiscated the banner and suspended Fredrick Due to their rules against displaying drug related materials

Morse v. Fredrick Dealt with the Freedom of Speech, Press, and Assembly Does the school have a right to prohibit students from promoting the use of illegal drugs? Does the principal have immunity from litigation for disciplining Fredrick? The Supreme Court was faced with two constitutional questions Do schools have the right to prohibit students from promoting the use of illegal drugs? Does the school principle have immunity from litigation after she disciplined Fredrick? The court voted 5 to 4 in favor of Morse, the school principle Justice Roberts gave majority opinion, and said that students have the right to free speech but that does not extend to pro-drug messages All of the Justices agree that the principle should have legal immunity.

Presentation Summary: Schenck v. United States-1919 Freedom of Speech Anti-WWI Clear and Present Danger Clause Debs v. United States-1919 Convicted because of Schenck v. United States Texas v. Johnson-1989 Freedom of Speech, Press, and Assembly Allows citizens to burn the American flag Morse v. Fredrick-2007 “Bong Hits 4 Jesus” Limited School Student’s Freedom of Speech