Barron sues US for violating his 5th amendment right by not fairly paying him back for ruining his property.

(5th Amendment guarantees the gov. takings of private property require just compensation)

Baltimore wins. Established a precedent that the Bill of Rights could not be applied to the state's government. 

Sullivan (Police guy) says NYT mispublished the facts and he sues and wins then it goes to the supreme court and NYT wins. 

Established the precedent that for something to be considered libel, it must defame you (applies to public citizens)

and it must be considered actual malice

Gitlow arrested for distributing copies of a "left-wing" manifesto that called for a revolution. Gitlow sues saying they violated his freedom of speech. 

New York wins, this set the precedent that freedom of speech applies to the states through the 14th amendment but not when it outreaches the provisions intentionally set. 

Gives us "Selective Incorporation"

Palko had been charged with first-degree murder and was convicted instead of second degree murder and sentenced to life imprisonment. The state of Connecticut appealed and won a new trial, this time Palko being guilty of first-degree murder and sentenced to death.

The Supreme court upheld Palko's second conviction. Protection against double jeopardy was not a fundamental right. 

1. abridge the privileges or immunities of citizens of the US
2. deprive any person of life, liberty, or property w/out due process
3. deny to any person within it's jurisdiction the equal protection of the laws

Schenck sent circulares against the war, advocating peaceful protest and was arrested because he was violating the espionage act by attempting to cause insubordination in the Military

US won. Schenck is not protected in this situation. During wartime, utterances tolerable in peacetime, can be punished. 

"Clear and Present Danger clause"/Free speech clause in the first amendment is not always guaranteed

11 leaders of the communist party in America were convicted of violating the Smith Act (1940) with no real evidence that they actually urged people to commit specific acts of violence 

US won, court decided that the Smith Act did not "inherently" violate the first amendement. Persons do NOT have the right to exercise free speech, publication, and assembly, if that exercise was in furtherance of a conspiracy to overthrow the government

*likelihood of success should not be a factor.

14 leaders of the Comm. party in america were tried and convicted under the smith act. 

Against the US, court ruled that you must show that words were used in such a way as to calculate an incitement to action, and it ruled that reactionary speech is protected unless it poses a "clear and present" danger

KKK arrested for "advocating crime"

Ruling: That Ohio had violated Bradenburg's right to free speech. The court says the government CAN NOT punish the abstract advocacy of force or law violation, unless it is "imminent lawless action"

Near published a scanal sheet in which he attacked public officials, Minnesota obtains an injunction to prevent Near from publishing under a state "gag" law.

The court sided with Near and recognized the freedom of the press by roundly rejection prior restraints on publication. Gov. can't censor unless it is 

• Wartime
• Obscenity
• Inciting imminent lawless action

"Pentagon Papers Case" the Nixon admin. tried to prevent the NYT from publishing a document describing secrets of the Vietnam war that was stolen from the Pentagon

Court ruled that the first amendment did protect NYT to print the materials and in order to exercise prior restraint, the Gov. must show sufficient evidence that the publication would cause a "grave and irreparable" danger

Any attempt to interfere with military operations 

Example: Schenck v. US

Tinker and sister and friend wore armbands in protest of the Vietnam war during Christmas time and were suspended for doing so.

The court ruled in favor of Tinker, saying that wearing the armbands was closely akin to pure speech and protected by the first amendment

Matthew Fraser made a speech electing a friend for office filled with sexual innuendo, and was suspended for doing so.

Court upheld the schools suspension and found that it was appropriate for the school to prohibit the use of vulgar and offensive language.

The spectrum, a newspaper by students, was checked over by the principal of their school and he told them to delete two articles. They sued claiming this violated their first amendment rights.

The court held that the first amendment did not require schools to promote particular types of student speech. Public school curricular newspapers are subject to a lower level of First amendment protection. 

Frederick displayed a banner saying "bong hits for jesus" and was suspended by principal morse

Court upheld the suspension saying that schools could prohibit students from displaying messages that promote illegal drug use