Study Guide

Free Speech History

Constitutional Protection for Dangerous Speech?

In 1964, Clarence Brandenburg, a member of the Ku Klux Klan, addressed a small Klan rally in...

Oliver Wendell Holmes and Free Speech

Oliver Wendell Holmes, Jr., was an influential Supreme Court justice in early 20th...

The First Amendment in 1900

The Supreme Court heard no free speech cases during the 19th century, meaning a narrow 18th...

Schenck v. United States

Charles Schenck was a socialist arrested for violating the Espionage Act by distributing...

The Clear and Present Danger Test

Justice Holmes developed nuances of "clear and present danger test" in series of cases following...

Bridges and Terminiello

1941 Supreme Court regarding labor leader Harry Bridges ended with majority ruling that speech...

The Smith Act: Fighting Communism by Restricting Speech

1940 Smith Act made it illegal to advocate the overthrow of the US government; was used to...

Clarence Brandenburg

KKK member Clarence Brandenburg was convicted of an Ohio law banning advocacy of violence to...

Movie Day

Since 1940s, Supreme Court struggled to define clear limits on restrictions of pornography and...

Limits of Free Speech

In 1948 case Winters v. New York, Supreme Court ruled that the First Amendment protected the...

Roth v. United States: A New Definition of Obscenity

1957 case Roth v. United States ruled that all speech was guaranteed First Amendment protection...

Ginzburg v. United States: "Pandering" = Pornography

In 1965 decision, court ruled that salacious advertisements for erotic materials could be...

Miller v. California: The Current Definition of Obscenity

1973 Supreme Court case established new standard for obscenity casesFor speech to be banned as...

Do Students Have First Amendment Rights?

Do students have a right to say what they want in class and during school activities? Do student...

Tinker v. Des Moines: Establishing the Right

1969 Supreme Court ruling in Tinker v. Des Moines found that students do not "shed their...

Bethel v. Fraser and Morse v. Frederick: Limiting the Right

In 1986 case Bethel v. Fraser, Supreme Court ruled that First Amendment did not protect...

Hazelwood v. Kuhlmeier: Freedom of Student Press?

1988 case Hazelwood v. Kuhlmeier established standard for censorship of school newspapersCourt...