Gitlow v NY ANS - 1925 incorporated the free speech clause of the First Amendment. States were not
free to limit political expression
Roth v US ANS - 1957 in order to be obscene, material must be "utterly without redeeming social
value". Obscenity is not protected by the First Amendment
US v Playboy Entertainment Group ANS - 2000 Section 505 of Telecommunications Act. Government
cannot ban lewd material, only target block, allowing parents the option of banning it
Miller v California ANS - 1973 formulate rules designed to make it easier for states to regulate obscene
material and leave it to the communities to set benchmarks
Lemon v Kurtzman ANS - 1971 Government assistance to religious schools is unconstitutional. Lemon
Test: must be used for secular purposes and follow guidelines
Engel v Vitale ANS - 1962 the saying of a nondenominational prayer in a public school is
unconstitutional
Near v Minnesota ANS - 1931 No prior restraint to censor newspaper:incorporation of free press
provision of the First Amendment
Schneck v US ANS - 1919 First Amendment allows Congress to restrict speech if it presents "clear and
present danger". Government can restrict inflammatory rhetoric
Tinker v Desmoines ANS - 1969 upheld student's right to express themselves through dress code (black
arm bands against Vietnam War). Public schools are limited on dress code actions
, Erznoznik v Jacksonville ANS - 1975 struck down Jacksonville ordinance of refusing to show a film based
on its content
Brandenburg v Ohio ANS - 1969 Court fashioned direct incitement test for deciding whether certain
kinds of speech could be regulated by the government
Reynolds v US ANS - 1878 religious duty does not matter on who can be punished with a crime.
Polygamy is illegal
NY Times v Sullivan ANS - 1964 simply published falsehood is not enough to justify a libel judgement. "
actual malice" must be provided to support finding.
Texas v Johnson ANS - 1989 overturned the conviction of a Texas man found guily of burning the
American flag. Flag burning is a form of symbolic speech
School District of Abington Township v Schempp ANS - 1962 Bible reading in public school is
unconstitutional
Oregon v Smith ANS - 1990 the state could deny unemployment benefits to a person for violating a
state prohibition use of peyote
Reno v ACLU ANS - 1997 Communications Decency Act (obscene or indecent matter) has violated the
First Amendment because its too broad or vague. Internet protected by the First Amendment
Ashcroft v ACLU ANS - 2004 COPAS reliance on community standards of material that's harmful to
minors does not render the statute
Red Lion v FCC ANS - 1969 fairness doctrine is consistent with the First Amendment. It enhanced the
First amendment rather than infringing on it
New York Times Co., v US ANS - 1971 Pentagon Papers case. Any attempt by the federal government to
prevent expression is unconstitutional.
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