Tinker, Brandenburg, New York Times v. Sullivan, Engel, Lemon, Citizens United, and other speech and religion cases.
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- What was the issue in Tinker v. Des Moines (1969)?
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Whether students could wear black armbands to school to protest the Vietnam War- What did the Supreme Court rule in Tinker v. Des Moines?
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Students have the right to symbolic speech unless it causes substantial disruption to school operations- What standard did Tinker v. Des Moines establish for restricting student speech?
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Schools can restrict student speech only if it causes substantial and material disruption- What was the issue in Brandenburg v. Ohio (1969)?
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Whether a KKK leader could be punished for inflammatory speech advocating violence against the government- What is the Brandenburg test for incitement?
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Speech can be restricted only if intended to incite imminent lawless action and likely to do so- What earlier test did Brandenburg v. Ohio replace?
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The clear and present danger test and the bad tendency test- What was the issue in New York Times v. Sullivan (1964)?
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Whether a newspaper could be sued for libel for publishing a false advertisement criticizing police actions- What is the actual malice standard from New York Times v. Sullivan?
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A public official must prove the statement was made with knowledge of falsity or reckless disregard for truth- What did New York Times v. Sullivan establish about criticism of government?
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Robust debate and even false statements about government officials are protected speech- What was the issue in Engel v. Vitale (1962)?
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Whether schools could require students to recite a state-composed prayer at the start of school- What did the Supreme Court rule in Engel v. Vitale?
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School-sponsored prayer violates the Establishment Clause, even if students can opt out- What was the issue in Lemon v. Kurtzman (1971)?
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Whether states could provide salary supplements to teachers in religious schools- What is the Lemon test for the Establishment Clause?
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A law must have a secular purpose, a primary effect that does not advance religion, and must not cause excessive government entanglement with religion- What was the issue in Citizens United v. FEC (2010)?
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Whether the government could ban independent political spending by corporations and unions during elections- What did Citizens United v. FEC rule about corporate political spending?
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Restrictions on independent political spending by corporations and unions violate the First Amendment
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