Tag: 1st amendment

Cohen v. California (1971)

Facts of the Case In 1968, Paul Robert Cohen was arrested in the Los Angeles County Courthouse for wearing a jacket emblazoned with the words “F*** the Draft” to protest the Vietnam War. He was charged under a California law that prohibited “maliciously and willfully disturbing the peace or quiet of any neighborhood or person […]

United States v. O’Brien (1968)

United States v. O’Brien, Supreme Court, 1968 Facts of the Case David Paul O’Brien burned his Selective Service registration card (draft card) on the steps of a Boston courthouse to protest the Vietnam War. He was arrested and convicted under a federal law that made it a crime to knowingly destroy or mutilate a draft […]

Employment Division v. Smith, 1990

Facts of the Case Alfred Smith and Galen Black, two Native Americans and members of the Native American Church, were fired from their jobs as counselors at a private drug rehabilitation organization because they had ingested peyote, a powerful hallucinogen, as part of a religious ceremony. The Oregon Employment Division denied them unemployment benefits because […]

Wisconsin v. Yoder, 1972

Facts of the Case Three Amish fathers, Jonas Yoder, Wallace Miller, and Adin Yutzy, were prosecuted under a Wisconsin law that required all children to attend public or private school until age 16. The Amish community objected, arguing that high school attendance was contrary to their religious beliefs and way of life. The parents contended […]

Wallace v. Jaffree, 1985

Facts of the Case In 1981, the Alabama State Legislature passed a law authorizing a one-minute period of silence in all public schools “for meditation or voluntary prayer.” This statute was an amendment to a previous law that allowed for a moment of silence for meditation. Ishmael Jaffree, a parent of three children attending public […]

Engel v. Vitale, 1962

Facts of the Case In 1951, the New York State Board of Regents composed a non-denominational prayer to be recited voluntarily by students at the beginning of each school day. The prayer read: “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country.” […]

New York Times Co. v. United States, 1971

Facts of the Case In 1971, the New York Times and the Washington Post began publishing excerpts from a classified government document known as the Pentagon Papers, which detailed the United States’ political and military involvement in Vietnam from 1945 to 1967. The Nixon administration sought a court order to prevent further publication, arguing that […]

Schenck v. United States

Schenck v. United States, Supreme Court, 1919 Facts of the Case During World War I, Charles Schenck, the General Secretary of the Socialist Party, distributed leaflets urging resistance to the draft. The leaflets argued that the draft violated the Thirteenth Amendment’s prohibition against involuntary servitude and encouraged draftees to petition for the repeal of the […]

Bethel School District v. Fraser

Bethel School District v. Fraser, Supreme Court, 1986 Facts of the Case In April 1983, Matthew Fraser, a high school student in the Bethel School District in Washington, delivered a speech nominating a fellow student for a student government position during a school assembly. The speech contained sexual innuendos and vulgar language, though it did […]