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Constitutional Law

Free speech

7 case briefs on free speech in Constitutional Law, each with the citation in the book’s form. All Constitutional Law briefs

  • Chaplinsky v. New Hampshire

    Chaplinsky v. New Hampshire, 315 U.S. 568 (1942).

    Does a New Hampshire statute, as the state's highest court construed it, violate the Fourteenth Amendment's protection of free speech by punishing offensive words addressed to a person in a public place?

    Supreme Court of the United States

  • United States v. O'Brien

    United States v. O’Brien, 391 U.S. 367 (1968).

    Is the 1965 Amendment, which makes it a crime to knowingly destroy or mutilate a Selective Service registration certificate, unconstitutional as applied to O’Brien because he burned his certificate to protest the war and the draft?

    Supreme Court of the United States

  • Brandenburg v. Ohio

    Brandenburg v. Ohio, 395 U.S. 444 (1969) (per curiam).

    Do the constitutional guarantees of free speech and free press permit a State to forbid advocacy of the use of force or of law violation unless the advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action?

    Supreme Court of the United States

  • Miller v. California

    Miller v. California, 413 U.S. 15 (1973).

    What standards must a State's law and its trier of fact use to identify obscene material that the State may regulate without violating the First Amendment, as applied to the States through the Fourteenth Amendment?

    Supreme Court of the United States

  • Central Hudson Gas & Electric Corp. v. Public Service Commission of New York

    Cent. Hudson Gas & Elec. Corp. v. Pub. Serv. Comm’n, 447 U.S. 557 (1980).

    Does a state regulation that completely bans promotional advertising by an electric utility violate the First and Fourteenth Amendments?

    Supreme Court of the United States

  • Texas v. Johnson

    Texas v. Johnson, 491 U.S. 397 (1989).

    Was Johnson’s burning of an American flag at a political demonstration expressive conduct that brings the First Amendment into play when Texas convicted him of flag desecration?

    Supreme Court of the United States

  • R.A.V. v. City of St. Paul

    R.A.V. v. City of St. Paul, 505 U.S. 377 (1992).

    Assuming the St. Paul ordinance reaches only fighting words, does it violate the First Amendment because it prohibits otherwise permitted speech solely on the basis of the subjects the speech addresses?

    Supreme Court of the United States