Supreme Court Cases

Texas v. Johnson, 1988

FACTS: Gregory Lee Johnson burned an American flag protesting Reagan administration policies in front of city hall; Johnson was tried and convicted by Texas law outlawing desecration of flag; sentenced to one year in jail and $2000 fine; Texas Court of Appeals reversed conviction CONSTITUTIONAL PROVISION: First Amendment: freedom of speech HOLDING DECISION: Court ruled that burning of flag protected by first amendment, under expressive conduct and was purely political despite audience taking offense.

Hazelwood School District v. Kuhlmeier, 1988

FACTS: Principal of Hazelwood East High School orders that articles about pregnancy and the impacts of divorce be taken out of school newspaper (he thought the topics were not suitable for other students and fairness to respond); CONSTITUTIONAL PROVISION: First amendment: freedom of speech; former students file a suit against the principle because they feel their First Amendment rights were being violated. HOLDING DECISION: Court ruled against students because schools not same as other public forums and it did disrupt school curriculum and environment . Educators teach the lessons they see fit.

Schenck v. United States, 1918

FACTS: Schenk mailed circulars calling for peaceful action resisting to the draft by petitioning the repeal of the Conscription Act; during WWI; charged with conspiracy to violate Espionage Act through insubordination in military and obstructing recruitment CONSTITUTIONAL PROVISION: First Amendment: freedom of speech; 1917 Espionage Act HOLDING DECISION: Court ruled against Schenck stating freedom of speech did not protect him in this case because his words and actions posed danger in a time already filled with tension and war.

Tinker v. Des Moines, 1969

FACTS: Students wore armbands to school to protest Vietnam War; school made a rule banning students from wearing armbands; students suspended; take the case to court CONSTITUTIONAL PROVISION: First Amendment: freedom of speech HOLDING DECISION: The Supreme Court ruled in favor of Tinker because the students actions did NOT disrupt learning environment and wearing the armbands was "akin to pure speech"

Bethel School District v. Fraser, 1986

FACTS: While electing a student for office, Matthew Fraser used an "elaborate, graphic, explicit sexual metaphor" to describe his candidate. The assembly was part of a school-sponsored educational program in self-government. Fraser had already been warned that his speech was too inappropriate, but he ignored the advice and disrupted the assembly. Fraser was suspended from school. CONSTITUTION PROVISION: First Amendment: freedom of speech HOLDING DECISION: Court ruled with school officials saying they had the right to discipline for lewd and indecent speech at school events because have basic responsibility to prepare students for citizenship.