1. Landmark Freedom of Speech Cases
Created By: Michael Vitak

2. Schenck v. United States
1919

3. Distributed anti-draft brochures to soldiers leaving to serve in WWI
Advised the soldiers to appeal the draft
Charged with attempting to cause insubordination in the military

4. Schenck v. United States
Dealt with Freedom of Speech
Distributed anti-war brochures
Convicted under the Espionage Act of 1917
Was Schenck distribution of anti-war propaganda protected under the First Amendment?
Established the “clear and present danger” test
Schenck v. United States
Tried under the Espionage Act of 1917
The case reached the Supreme Court in 1919
The legal question was whether Schenck distribution of anti-war propaganda was protected by the first amendment?
The decision was unanimous, and the justices convicted Schenck
Sentenced to 6 months in prison
This established the clear and present danger clause
This allowed the courts to analysis each case independently

5. Debs v. United States
1919

6. Debs was the leader of the socialist party of america
Arrested after giving a speech arguing for citizens refusal to serve in the military
Charged under the Espionage Act of 1917

7. Debs v. United States Dealt with the Freedom of Speech
Arrested after speaking out against the draft
Did Debs’ arrest under the Espionage Act violate his First Amendment rights?
His conviction was upheld
Convicted in a federal district court
Reached the supreme court in 1919
The question before the supreme court was whether Debs’ conviction under the Espionage act violated the First Amendment?
Unanimous decision
Conviction was upheld because it nearly mirrored Schenck v. United States

8. Texas v. Johnson
1989

9. During a political demonstration at the Republican National Convention in Dallas, Texas Gregory Lee Johnson doused an American flag with kerosene and set it on fire.
This was in response to President Reagan’s policies, and no one was hurt.
Johnson was charged for desecration of a venerated object, which violated Texas law.
He was sentenced to one year in jail and fined $2,000.

10. Texas v. Johnson Dealt with the Freedom of Speech, Press, and Assembly
Is burning the American flag protected under the First Amendment?
The ruling invalidated laws in 48 states
This case found its way to the Supreme Court, and the Justices were faced with whether desecration of an American flag was a form of speech that is protected under the First Amendment?
In a 5 to 4 decision they ruled in favor of johnson
The ruling reversed laws in 48 states
This allows Americans to openly burn an American flag, and still remains extremely contentious

11. Morse v. Fredrick
2007

12. At a school sponsored event Joseph Fredrick held up a banner that read “Bong Hits for Jesus”
The School principle confiscated the banner and suspended Fredrick
Due to their rules against displaying drug related materials

13. Morse v. Fredrick
Dealt with the Freedom of Speech, Press, and Assembly
Does the school have a right to prohibit students from promoting the use of illegal drugs?
Does the principal have immunity from litigation for disciplining Fredrick?
The Supreme Court was faced with two constitutional questions
Do schools have the right to prohibit students from promoting the use of illegal drugs?
Does the school principle have immunity from litigation after she disciplined Fredrick?
The court voted 5 to 4 in favor of Morse, the school principle
Justice Roberts gave majority opinion, and said that students have the right to free speech but that does not extend to pro-drug messages
All of the Justices agree that the principle should have legal immunity.

14. Presentation Summary:
Schenck v. United States-1919
Freedom of Speech
Anti-WWI
Clear and Present Danger Clause
Debs v. United States-1919
Convicted because of Schenck v. United States
Texas v. Johnson-1989
Freedom of Speech, Press, and Assembly
Allows citizens to burn the American flag
Morse v. Fredrick-2007
“Bong Hits 4 Jesus”
Limited School Student’s Freedom of Speech