Notable Free Speech Cases

Free speech is a cornerstone of civil rights and liberties, shaping how we express ideas and challenge authority. These notable cases highlight the balance between protecting free expression and addressing potential harm, revealing the evolving nature of our rights.

1. Schenck v. United States (1919)

   • Established the "clear and present danger" test for limiting free speech.
   • Involved Charles Schenck's anti-draft pamphlets during World War I.
   • The Supreme Court ruled that speech creating a clear and present danger of significant harm could be restricted.

2. Gitlow v. New York (1925)

   • Extended the First Amendment's free speech protections to state governments through the Fourteenth Amendment.
   • Involved Benjamin Gitlow's publication advocating for socialism and the overthrow of the government.
   • The Court upheld his conviction, establishing that states could limit speech that poses a danger to public safety.

3. Brandenburg v. Ohio (1969)

   • Introduced the "imminent lawless action" standard for restricting speech.
   • Involved a Ku Klux Klan leader's speech advocating for violence.
   • The Court ruled that speech could only be limited if it incites immediate lawless action.

4. Tinker v. Des Moines Independent Community School District (1969)

   • Affirmed students' rights to free speech in public schools.
   • Involved students wearing black armbands to protest the Vietnam War.
   • The Court ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

5. New York Times Co. v. Sullivan (1964)

   • Established the "actual malice" standard for defamation cases involving public figures.
   • Involved a lawsuit against the New York Times for publishing an ad that contained inaccuracies about a public official.
   • The Court ruled that public figures must prove that false statements were made with knowledge of their falsity or with reckless disregard for the truth.

6. Texas v. Johnson (1989)

   • Affirmed that flag burning is a form of protected free speech under the First Amendment.
   • Involved Gregory Lee Johnson's protest against the Reagan administration by burning the American flag.
   • The Court ruled that the government cannot prohibit expression simply because it is offensive.

7. Cohen v. California (1971)

   • Protected emotive speech, even if it contains offensive language.
   • Involved a man wearing a jacket with the phrase "F*** the Draft" in a courthouse.
   • The Court ruled that the state could not regulate speech based on its content or emotional impact.

8. Chaplinsky v. New Hampshire (1942)

   • Established the "fighting words" doctrine, allowing for the restriction of certain types of speech.
   • Involved a Jehovah's Witness who insulted a city marshal.
   • The Court ruled that "fighting words" that provoke immediate violence are not protected by the First Amendment.

9. Miller v. California (1973)

   • Established the Miller test for determining what constitutes obscene material not protected by free speech.
   • Involved a mass mailing campaign for adult materials.
   • The Court ruled that material is obscene if it lacks serious literary, artistic, political, or scientific value and appeals to prurient interests.

10. Citizens United v. Federal Election Commission (2010)

    • Ruled that corporate funding of independent political broadcasts cannot be limited.
    • Involved a challenge to federal laws restricting political spending by corporations and unions.
    • The Court held that such spending is a form of protected free speech under the First Amendment.