List Of United States Supreme Court Cases Involving The First Amendment
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Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
involving the
First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Cla ...
.


The establishment of religion


Blue laws

* ''
McGowan v. Maryland ''McGowan v. Maryland'', 366 U.S. 420 (1961), was a United States Supreme Court case that affirmed the Maryland State Supreme Court's decision that the state's Sunday closing laws did not have a religious purpose to aid religion and that the se ...
'' (1961) * ''
Braunfeld v. Brown ''Braunfeld v. Brown'', 366 U.S. 599 (1961), was a landmark case on the issue of religious and economic liberty decided by the United States Supreme Court. In a 6–3 decision, the Court held that a Pennsylvania blue law forbidding the sale of ...
'' (1961) * ''
Gallagher v. Crown Kosher Super Market of Mass., Inc. ''Gallagher v. Crown Kosher Super Market of Massachusetts, Inc.'', 366 U.S. 617 (1961), is a United States Supreme Court case that declared that a kosher butcher store had to abide by the state laws that banned them from selling on Sunday. Backg ...
'' (1961) * '' Thornton v. Caldor'' (1985)


Government aid to church-related schools

* '' Cochran v. Louisiana State Board of Education'', * ''
Everson v. Board of Education ''Everson v. Board of Education'', 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law. Before this decision, the clause, which states, "Congress ...
'', * '' Board of Ed. of Central School Dist. No. 1 v. Allen'', * ''
Lemon v. Kurtzman ''Lemon v. Kurtzman'', 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States.. The court ruled in an 8–0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kur ...
'', * '' Tilton v. Richardson'', * '' Lemon v. Kurtzman II'', * '' Levitt v. Committee for Public Education and Religious Liberty'', * '' Hunt v. McNair'', * '' Committee for Public Education and Religious Liberty v. Nyquist'', * ''
Sloan v. Lemon Sloan may refer to: *Sloan (surname) *MIT Sloan School of Management at the Massachusetts Institute of Technology, United States *Sloan (band), a Canadian rock band *Sloan Digital Sky Survey, a major astronomical survey **Sloan Great Wall, a galac ...
'', * '' Wheeler v. Barrera'', * '' Public Funds for Public Schools v. Marburger'' (1974) * '' Meek v. Pittenger'', * '' Roemer v. Board of Public Works of Maryland'', * '' Wolman v. Walter'', * '' New York v. Cathedral Academy'', * '' Committee for Public Education and Religious Liberty v. Regan'', * '' Mueller v. Allen'', * '' School Dist. of Grand Rapids v. Ball'', * '' Aguilar v. Felton'', * '' Witters v. Washington Department of Services for the Blind'', * '' Zobrest v. Catalina Foothills School District'', * ''
Board of Education of Kiryas Joel Village School District v. Grumet ''Board of Education of Kiryas Joel Village School District v. Grumet'', 512 U.S. 687 (1994), was a case in which the United States Supreme Court ruled on the constitutionality of a school district created with boundaries that matched that of a ...
'', * '' Agostini v. Felton'', * '' Mitchell v. Helms'', * ''
Zelman v. Simmons-Harris ''Zelman v. Simmons-Harris'', 536 U.S. 639 (2002), was a 5–4 decision of the United States Supreme Court that upheld an Ohio program that used school vouchers. The Court decided that the program did not violate the Establishment Clause of the Fi ...
'', * '' Locke v. Davey'', * '' Arizona Christian School Tuition Organization v. Winn'', * ''
Espinoza v. Montana Department of Revenue ''Espinoza v. Montana Department of Revenue'', 591 U.S. 464 (2020), was a landmark United States Supreme Court case in which the Court ruled that a state-based scholarship program that provides public funds to allow students to attend private sch ...
'',


Government-sponsored religious displays

* ''
Lynch v. Donnelly ''Lynch v. Donnelly'', 465 U.S. 668 (1984), was a Supreme Court of the United States, United States Supreme Court case challenging the legality of Christmas decorations on town property. All plaintiffs, including lead plaintiff Daniel Donnelly, we ...
'', * '' Board of Trustees of Scarsdale v. McCreary'', * '' County of Allegheny v. American Civil Liberties Union'', * ''
Van Orden v. Perry ''Van Orden v. Perry'', 545 U.S. 677 (2005), is a United States Supreme Court case involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Claus ...
'', * '' McCreary County v. American Civil Liberties Union'', * '' Pleasant Grove City v. Summum'', * '' Salazar v. Buono'', * ''
American Legion v. American Humanist Association ''American Legion v. American Humanist Association'', 588 U.S. 29 (2019), was a Supreme Court of the United States, United States Supreme Court case dealing with the Separation of church and state in the United States, separation of church and st ...
'',


Legislative prayer

* ''
Marsh v. Chambers ''Marsh v. Chambers'', 463 U.S. 783 (1983), was a List of landmark court decisions in the United States, landmark court case in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of t ...
'', * '' Town of Greece v. Galloway'',


Internal religious affairs (also involving the Free Exercise Clause)

* '' Watson v. Jones'', * ''
United States v. Ballard ''United States v. Ballard'', 322 U.S. 78 (1944), was a Supreme Court of the United States, United States Supreme Court case in which the Court held that the First Amendment precludes courts from instructing juries to adjudicate the truth or falsi ...
'', * '' Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church in North America'', * '' Kreshik v. St. Nicholas Cathedral'', * ''
Presbyterian Church v. Hull Church Presbyterianism is a historically Reformed Protestant tradition named for its form of church government by representative assemblies of elders, known as "presbyters". Though other Reformed churches are structurally similar, the word ''Pre ...
'', * '' Serbian Eastern Orthodox Diocese for the United States of America & Canada v. Milivojevich'', * '' Jones v. Wolf'', * '' Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano'',


Ministerial exception

* '' Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission'', * '' Our Lady of Guadalupe School v. Morrissey-Berru'',


Private religious speech

* '' Lamb's Chapel v. Center Moriches Union Free School District'', * '' Capitol Square Review & Advisory Board v. Pinette'', * ''
Rosenberger v. University of Virginia ''Rosenberger v. Rector and Visitors of the University of Virginia'', 515 U.S. 819 (1995), was an opinion by the Supreme Court of the United States regarding whether a state university might, consistent with the First Amendment to the United Stat ...
'', * '' Good News Club v. Milford Central School'', * '' Shurtleff v. City of Boston'',


Religion in public schools

* ''
McCollum v. Board of Education ''McCollum v. Board of Education'', 333 U.S. 203 (1948), was a landmark United States Supreme Court case related to the power of a state to use its tax-supported public school system to aid religious instruction. The case tested the principle of ...
'', * '' Zorach v. Clauson'', * ''
Engel v. Vitale ''Engel v. Vitale'', 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public school ...
'', * ''
Abington School District v. Schempp ''Abington School District v. Schempp'', 374 U.S. 203 (1963),. was a Supreme Court of the United States, United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Sc ...
'', * '' Epperson v. Arkansas'', * '' Stone v. Graham'', * ''
Wallace v. Jaffree ''Wallace v. Jaffree'', 472 U.S. 38 (1985), was a United States Supreme Court case deciding on the issue of silent school prayer. Background An Alabama law authorized teachers to set aside one minute at the start of each day for a moment for ...
'', * ''
Edwards v. Aguillard ''Edwards v. Aguillard'', 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public s ...
'', * '' Westside Community Board of Education v. Mergens'', * ''
Lee v. Weisman ''Lee v. Weisman'', 505 U.S. 577 (1992), was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It held that schools may not sponsor clerics to conduct even ...
'', * '' Santa Fe Independent School District v. Doe'', * '' Elk Grove Unified School District v. Newdow'', * ''
Kennedy v. Bremerton School District ''Kennedy v. Bremerton School District'', 597 U.S. 507 (2022), is a landmark decision by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individua ...
'',


Religious institution functioning as a government agency

* '' Larkin v. Grendel's Den, Inc.'', * ''
Board of Education of Kiryas Joel Village School District v. Grumet ''Board of Education of Kiryas Joel Village School District v. Grumet'', 512 U.S. 687 (1994), was a case in which the United States Supreme Court ruled on the constitutionality of a school district created with boundaries that matched that of a ...
'',


Standing to sue

* '' Flast v. Cohen'', * '' Valley Forge Christian College v. Americans United for Separation of Church & State'', * ''
Hein v. Freedom From Religion Foundation ''Hein v. Freedom From Religion Foundation'', 551 U.S. 587 (2007), was a decision by the Supreme Court of the United States, United States Supreme Court which ruled that taxpayers do not have the right to challenge the constitutionality of expend ...
'', * '' Arizona Christian School Tuition Organization v. Winn'',


Statutory religious exemptions

* ''
Walz v. Tax Commission of the City of New York ''Walz v. Tax Commission of the City of New York'', 397 U.S. 664 (1970), was a case before the United States Supreme Court. The Court held that grants of tax exemption to religious organizations do not violate the Establishment Clause of the Fir ...
'', * ''
Bob Jones University v. United States ''Bob Jones University v. United States'', 461 U.S. 574 (1983), was a decision by the United States Supreme Court holding that the religion clauses of the First Amendment did not prohibit the Internal Revenue Service from revoking the tax exempt ...
'', * ''
Estate of Thornton v. Caldor, Inc. ''Estate of Thornton v. Caldor, Inc.'', 472 U.S. 703 (1985), was a United States Supreme Court case in which the Court held that a state statute providing employees with an absolute right not to work on their chosen Sabbath violates the Establish ...
'', * '' Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos'', * ''
Texas Monthly, Inc. v. Bullock ''Texas Monthly v. Bullock'', 489 U.S. 1 (1989), was a case brought before the US Supreme Court in November 1988. The case (initiated by the publishers of ''Texas Monthly'', a well-known general-interest magazine in Texas) was to test the legality ...
'', * ''
City of Boerne v. Flores ''City of Boerne v. Flores'', 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a signif ...
'', * ''
Cutter v. Wilkinson ''Cutter v. Wilkinson'', 544 U.S. 709 (2005), was a United States Supreme Court case in which the Court held that, under the Religious Land Use and Institutionalized Persons Act (RLUIPA), facilities that accept federal funds cannot deny prisoner ...
'',


Unequal government treatment of different religious groups

* '' Larson v. Valente'',


Abortion and contraception

* '' Harris v. McRae'', * '' Bowen v. Kendrick'',


Other

* '' Torcaso v. Watkins'' (1961) * ''
McDaniel v. Paty ''McDaniel v. Paty'', 435 U.S. 618 (1978), was a United States Supreme Court case in which it held the Tennessee state law prohibiting religious ministers holding elected office violated the First and Fourteenth Amendments of the U.S. Constituti ...
'' (1978) * ''
Trump v. Hawaii ''Trump v. Hawaii'', No. 17-965, 585 U.S. 667 (2018), was a landmark United States Supreme Court case involving Presidential Proclamation 9645 signed by President Donald Trump, which restricted travel into the United States by people from seve ...
'' (2018)


The free exercise of religion


Exclusion of religion from public benefits

* '' Locke v. Davey'', * ''
Trinity Lutheran Church of Columbia, Inc. v. Comer ''Trinity Lutheran Church of Columbia, Inc. v. Comer'', 582 U.S. 449 (2017), was a case in which the Supreme Court of the United States held that a Missouri program that denied a grant to a religious school for playground resurfacing, while provi ...
'', * ''
Espinoza v. Montana Department of Revenue ''Espinoza v. Montana Department of Revenue'', 591 U.S. 464 (2020), was a landmark United States Supreme Court case in which the Court ruled that a state-based scholarship program that provides public funds to allow students to attend private sch ...
'', * '' Carson v. Makin'', * '' Oklahoma Statewide Charter School Board v. Drummond'',


Polygamy

* ''
Reynolds v. United States ''Reynolds v. United States'', 98 U.S. 145 (1878), was a Supreme Court of the United States case which held that religious duty was not a defense to a criminal indictment. ''Reynolds'' was the first Supreme Court opinion to address the First A ...
'' (1878) * '' Davis v. Beason'' (1890)


Free exercise and eminent domain

* '' Lyng v. Northwest Indian Cemetery Protective Association'' (1988) * ''
City of Boerne v. Flores ''City of Boerne v. Flores'', 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a signif ...
'' (1997)


Free exercise and free speech

* '' R. A. V. v. City of St. Paul'' (1992) * '' Good News Club v. Milford Central School'' (2001) * ''
Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal Gonzales may refer to: Places * Gonzales, California, U.S. * Gonzales, Louisiana, U.S. * Gonzales, Texas, U.S. * Gonzales County, Texas Other uses * Battle of Gonzales, 1835 * Gonzales (horse) (1977 – after 1996), an American-bred Thoroughbred ...
'' (2006) * '' Fulton v. City of Philadelphia'' (2021)


Free exercise and public education

* ''
Wisconsin v. Yoder ''Wisconsin v. Jonas Yoder'', 406 U.S. 205 (1972), was a United States Supreme Court case in which the Court held that Amish children could not be placed under compulsory education past 8th grade. The Court ruled that the Amish parents' fundame ...
'' (1972) * '' Widmar v. Vincent'' (1981) * '' Westside Community Board of Education v. Mergens'' (1990) * '' Lamb's Chapel v. Center Moriches Union Free School District'' (1993) * '' Rosenberger v. Rector and Visitors of the University of Virginia'' (1995) * ''
Kennedy v. Bremerton School District ''Kennedy v. Bremerton School District'', 597 U.S. 507 (2022), is a landmark decision by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individua ...
'',


Free exercise and public property

* '' Capitol Square Review and Advisory Board v. Pinette'' (1995)


Internal religious affairs (also involving the Establishment Clause)

* '' Watson v. Jones'', * ''
United States v. Ballard ''United States v. Ballard'', 322 U.S. 78 (1944), was a Supreme Court of the United States, United States Supreme Court case in which the Court held that the First Amendment precludes courts from instructing juries to adjudicate the truth or falsi ...
'', * '' Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church in North America'', * '' Kreshik v. St. Nicholas Cathedral'', * ''
Presbyterian Church v. Hull Church Presbyterianism is a historically Reformed Protestant tradition named for its form of church government by representative assemblies of elders, known as "presbyters". Though other Reformed churches are structurally similar, the word ''Pre ...
'', * '' Serbian Eastern Orthodox Diocese for the United States of America & Canada v. Milivojevich'', * '' Jones v. Wolf'', * '' Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano'',


Ministerial exception

* '' Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission'', * '' Our Lady of Guadalupe School v. Morrissey-Berru'',


Religion and the right to work

* '' Sherbert v. Verner'' (1963) * ''
Trans World Airlines v. Hardison Trans- is a Latin prefix meaning "across", "beyond", or "on the other side of". Used alone, trans may refer to: Sociology * Trans, a sociological term which may refer to: ** Transgender, people who identify themselves with a gender that dif ...
'' (1977) * '' Ohio Civil Rights Commission v. Dayton Christian Schools'' (1986) * '' Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos'' (1987) * '' Employment Division v. Smith'' (1990)


Religious tests for public service or benefits

* '' Torcaso v. Watkins'' (1961) * ''
McDaniel v. Paty ''McDaniel v. Paty'', 435 U.S. 618 (1978), was a United States Supreme Court case in which it held the Tennessee state law prohibiting religious ministers holding elected office violated the First and Fourteenth Amendments of the U.S. Constituti ...
'' (1978) * '' Thomas v. Review Board of the Indiana Employment Security Division'' (1981) * ''
Goldman v. Weinberger ''Goldman v. Weinberger'', 475 U.S. 503 (1986), was a United States Supreme Court case in which a Jewish Air Force officer was denied the right to wear a yarmulke when in uniform on the grounds that the Free Exercise Clause applies less strictly ...
'' (1986) * '' Bowen v. Roy'' (1986)


Ritual sacrifice of animals

* '' Church of Lukumi Babalu Aye v. City of Hialeah'' (1993)


Solicitation by religious groups

* ''
Cantwell v. Connecticut ''Cantwell v. Connecticut'', 310 U.S. 296 (1940), is a landmark court decision by the United States Supreme Court holding that the First Amendment's ''federal'' protection of religious free exercise incorporates via the Due Process Clause of t ...
'' (1940) * ''
Minersville School District v. Gobitis ''Minersville School District v. Gobitis'', 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution. The ...
'' (1940) * '' Cox v. New Hampshire'' (1941) * '' Jones v. City of Opelika (I)'' (1942) * ''
Marsh v. Alabama ''Marsh v. Alabama'', 326 U.S. 501 (1946), was a case decided by the US Supreme Court, which ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk even though the sidewalk ...
'' (1942) * '' Murdock v. Pennsylvania'' (1943) * '' Jones v. City of Opelika (II)'' (1943) * ''
West Virginia State Board of Education v. Barnette ''West Virginia State Board of Education v. Barnette'', 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being forced to salute the American flag or say the P ...
'' (1943) * '' Prince v. Massachusetts'' (1944) * '' Heffron v. International Society for Krishna Consciousness'' (1981) * ''
Watchtower Society v. Village of Stratton A watchtower or guardtower (also spelt watch tower, guard tower) is a type of military/paramilitary or policiary tower used for guarding an area. Sometimes fortified, and armed with heavy weaponry, especially historically, the structures are b ...
'' (2002)


Statutory religious exemptions


Religious Freedom Restoration Act

* '' Gonzales v. O Centro Espírita Beneficente União do Vegetal'', * ''
Burwell v. Hobby Lobby Stores, Inc. ''Burwell v. Hobby Lobby Stores, Inc.'', 573 U.S. 682 (2014), is a landmark decision in United States corporate law by the United States Supreme Court allowing privately held for-profit corporations to be exempt from a regulation that its owners ...
'', * ''
Zubik v. Burwell ''Zubik v. Burwell'', 578 U.S. 403 (2016), was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the United States Departme ...
'', * ''
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania Little is a synonym for small size and may refer to: Arts and entertainment * ''Little'' (album), 1990 debut album of Vic Chesnutt * ''Little'' (film), 2019 American comedy film *The Littles, a series of children's novels by American author John P ...
'', * '' Tanzin v. Tanvir'',


Religious Land Use and Institutionalized Persons Act

* '' Sossamon v. Texas'', * '' Holt v. Hobbs'', * ''
Ramirez v. Collier ''Ramirez v. Collier'', 595 U.S. 411 (2022), is a United States Supreme Court case related to the First Amendment to the United States Constitution and the Religious Land Use and Institutionalized Persons Act. Background On July 19, 2004, 20-y ...
'',


Other

* '' Sause v. Bauer'', * '' Roman Catholic Diocese of Brooklyn v. Cuomo'' (2020) * '' Tandon v. Newsom'' (2021)


Freedom of speech


Campaign finance

* ''
Buckley v. Valeo ''Buckley v. Valeo'', 424 U.S. 1 (1976), was a List of landmark court decisions in the United States, landmark decision of the U.S. Supreme Court on campaign finance in the United States, campaign finance. A majority of justices held that, as pro ...
'', * '' First National Bank of Boston v. Bellotti'', * '' California Medical Association v. FEC'', * '' Citizens Against Rent Control v. City of Berkeley'', * '' FEC v. National Right to Work Committee'', * '' FEC v. National Conservative PAC'', * '' FEC v. Massachusetts Citizens for Life'', * ''
Eu v. S.F. Cty. Democratic Cent. Comm. The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
'', * ''
Austin v. Michigan Chamber of Commerce ''Austin v. Michigan Chamber of Commerce'', 494 U.S. 652 (1990), was a decision of the Supreme Court of the United States regarding campaign finance regulations. The majority opinion authored by Thurgood Marshall held that the Michigan Campaign ...
'', * ''
Colorado Republican Federal Campaign Committee v. FEC ''Colorado Republican Federal Campaign Committee v. FEC'', 518 U.S. 604 (1996), was a Supreme Court of the United States case in which the Colorado Republican Party challenged the Federal Election Commission (FEC) as to whether the "Party Expen ...
'', * '' Nixon v. Shrink Missouri Government PAC'', * '' FEC v. Colorado Republican Federal Campaign Committee'', * ''
Republican Party of Minnesota v. White ''Republican Party of Minnesota v. White'', 536 U.S. 765 (2002), was a decision of the Supreme Court of the United States regarding the First Amendment rights of candidates for judicial office. In a 5–4 decision, the court ruled that Minneso ...
'', * '' FEC v. Beaumont'', * '' McConnell v. FEC'', * '' Wisconsin Right to Life, Inc. v. FEC'', * ''
Randall v. Sorrell ''Randall v. Sorrell'', 548 U.S. 230 (2006), is a decision by the Supreme Court of the United States involving a Vermont law which placed a cap on financial donations made to politicians. The court ruled that Vermont's law, the strictest in the n ...
'', * ''
FEC v. Wisconsin Right to Life, Inc. ''Federal Election Commission v. Wisconsin Right to Life, Inc.'', 551 U.S. 449 (2007), is a United States Supreme Court case in which the Court held that issue ads may not be banned from the months preceding a primary or general election. Backgr ...
'', * ''
Davis v. FEC ''Davis v. Federal Election Commission'', 554 U.S. 724 (2008), is a decision by the Supreme Court of the United States which held that section 319 (popularly known as the "Millionaire's Amendment") of the Bipartisan Campaign Reform Act of 2002 ( ...
'', * '' Citizens United v. FEC'', * ''
Arizona Free Enterprise Club's Freedom Club PAC v. Bennett ''Arizona Free Enterprise Club's Freedom Club PAC v. Bennett'', 564 U.S. 721 (2011), is a decision by the Supreme Court of the United States. Facts In 1998, Arizona voters approved the ballot measure known as the Clean Elections Act. When it w ...
'', * '' American Tradition Partnership, Inc. v. Bullock'', * '' McCutcheon v. FEC'', * '' Williams-Yulee v. Florida Bar'', * '' Thompson v. Hebdon'', * ''
FEC v. Ted Cruz for Senate ''Federal Election Commission v. Ted Cruz for Senate'', 596 U.S. 289 (2022), was a case related to the First Amendment to the United States Constitution. The Supreme Court of the United States struck down section 304 of the Bipartisan Campaign Re ...
'',


Commercial speech

* '' Valentine v. Chrestensen'' (1942) * '' Rowan v. U.S. Post Office Dept.'' (1970) * ''
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations ''Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations'', 413 U.S. 376 (1973), is a 1973 decision of the United States Supreme Court which upheld an ordinance enacted in Pittsburgh that forbids sex-designated classified advertising for ...
'' (1973) * '' Lehman v. Shaker Heights'' (1974) * ''
Bigelow v. Commonwealth of Virginia ''Bigelow v. Virginia'', 421 U.S. 809 (1975),''Bigelow v. Virginia''421 U.S. 809(S. Ct., 1975). was a United States Supreme Court decision that established First Amendment protection for commercial speech. The ruling is an important precedent on ...
'' (1974) * '' Virginia State Pharmacy Board v. Virginia Citizens Consumer Council'' (1976) * '' Bates v. State Bar of Arizona'' (1977) * '' Linmark Associates, Inc. v. Willingboro'' (1977) * '' Ohralik v. Ohio State Bar Assn.'' (1978) * '' Friedman v. Rogers'' (1979) * '' Central Hudson Gas & Electric Corp. v. Public Service Commission'' (1980) * '' Consol. Edison Co. v. Public Serv. Comm'n'' (1980) * ''
Metromedia, Inc. v. San Diego ''Metromedia, Inc. v. San Diego'', 453 U.S. 490 (1981), was a United States Supreme Court case in which it was decided that cities could regulate billboards, and that municipal governments could not treat commercial outdoor advertising more harsh ...
'' (1981) * '' Hoffman Estates v. The Flipside, Hoffman Estates, Inc.'' (1982) * '' Bolger v. Youngs Drug Products Corp.'' (1983) * '' Edenfield v. Fane'' (1993) * '' 44 Liquormart, Inc. v. Rhode Island'' (1996) * '' Expressions Hair Design v. Schneiderman'' (2017) * ''
Iancu v. Brunetti ''Iancu v. Brunetti'', No. 18–302, 588 U.S. ___ (2019), is a Supreme Court of the United States case related to the registration of trademarks under the Lanham Act. It decided 6–3 that the provisions of the Lanham Act prohibiting registration ...
'' (2019)


Compelled speech Compelled speech is a transmission of expression required by law. A related legal concept is ''protected speech''. Just as freedom of speech protects free expression, in many cases it similarly protects an individual from being required to utter o ...

* ''
Minersville School District v. Gobitis ''Minersville School District v. Gobitis'', 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution. The ...
'' (1940) * ''
West Virginia State Board of Education v. Barnette ''West Virginia State Board of Education v. Barnette'', 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being forced to salute the American flag or say the P ...
'' (1943) * ''
Miami Herald Publishing Co. v. Tornillo ''Miami Herald Publishing Co. v. Tornillo'', 418 U.S. 241 (1974), was a seminal First Amendment ruling by the United States Supreme Court. The Supreme Court overturned a Florida state law that required newspapers to offer equal space to political ...
'' (1974) * ''
Wooley v. Maynard ''Wooley v. Maynard'', 430 U.S. 705 (1977), was a case in which the Supreme Court of the United States held that New Hampshire could not constitutionally require citizens to display the state motto upon their license plates when the state motto w ...
'' (1977) * '' Agency for International Development v. Alliance for Open Society'' (2013) * ''
National Institute of Family and Life Advocates v. Becerra ''National Institute of Family and Life Advocates v. Becerra'', 585 U.S. 755 (2018), was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers ...
'' (2018) * '' Agency for International Development v. Alliance for Open Society'' (2020) * ''
303 Creative LLC v. Elenis ''303 Creative LLC v. Elenis'', 600 U.S. 570 (2023), is a United States Supreme Court decision that dealt with the intersection of anti-discrimination law in public accommodations with the Free Speech Clause of the First Amendment to the Unite ...
'' (2023)


Compelled commercial speech

* '' Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio'' (1985) * ''
Riley v. National Federation of the Blind Riley may refer to: Businesses * Riley (brand), British sporting goods brand founded in 1878 * Riley Motor, British motorcar and bicycle manufacturera 1890–1969 * Riley Technologies, American auto racing constructor and team, founded by Bob Ri ...
'' (1988) * '' Ibanez v. Florida Department of Business and Professional Regulation, Board of Accountancy'' (1994) * '' Milavetz, Gallop & Milavetz, P.A. v. United States'' (2010) * '' Expressions Hair Design v. Schneiderman'' (2017)


Compelled subsidy for speech of others

Cases that consider the First Amendment implications of payments mandated by the state going to use in part for speech by third parties * ''
Abood v. Detroit Board of Education ''Abood v. Detroit Board of Education'', 431 U.S. 209 (1977), was a US labor law case where the United States Supreme Court upheld the maintaining of a union shop in a public workplace. Public school teachers in Detroit had sought to overturn t ...
'' (1977) * '' Communications Workers of America v. Beck'' (1978) * '' Chicago Local Teachers Union v. Hudson'' (1986) * '' Keller v. State Bar of California'' (1990) * '' Lehnert v. Ferris Faculty Ass'n'' (1991) * '' Glickman v. Wileman Brothers & Elliott Inc.'' (1997) * '' Board of Regents of the University of Wisconsin System v. Southworth'' (2000) * '' United States v. United Foods, Inc.'' (2001) * '' Johanns v. Livestock Marketing Association'' (2005) * '' Davenport v. Washington Education Association'' (2007) * ''
Locke v. Karass ''Locke v. Karass'', 555 U.S. 207 (2009), is a court case in which the Supreme Court of the United States held that the Constitution permits the local chapter of a labor union to charge a "service fee" to non-members to cover non-local litigatio ...
'' (2008) * ''
Knox v. Service Employees International Union, Local 1000 ''Knox v. Service Employees International Union'', 567 U.S. 298 (2012), is a United States constitutional law case. The United States Supreme Court held in a 7–2 decision that Dianne Knox and other non-members of the Service Employees Internat ...
'' (2012) * '' Harris v. Quinn'' (2014) * '' Friedrichs v. California Teachers Ass'n'' (2016) * ''
Janus v. AFSCME ''Janus v. American Federation of State, County, and Municipal Employees, Council 31'', 585 U.S. 878 (2018), abbreviated ''Janus v. AFSCME'', is a landmark decision of the US Supreme Court on US labor law, concerning the power of labor unions ...
'' (2018)


Loyalty oaths and affirmations

* '' American Communications Association v. Douds'' (1950) * ''
Garner v. Board of Public Works Garner may refer to: Places United States * Garner, Arkansas * Garner, Iowa * Garner, Missouri * Garner, North Carolina Other uses * Garner (surname), a surname * Granary, a grain store * '' Tennessee v. Garner'', a United States Supreme Court ca ...
'' (1951) * '' Adler v. Board of Ed. of City of New York'' (1952) * '' Wieman v. Updegraff'' (1952) * '' Speiser v. Randall'' (1958) * '' Cramp v. Board of Public Instruction'' (1961) * '' Keyishian v. Board of Regents'' (1965) * '' Communist Party of Indiana v. Whitcomb'' (1974)


Content-based

* '' R. A. V. v. City of St. Paul'' (1992) * '' Reed v. Town of Gilbert'' (2015) * ''
City of Austin v. Reagan National Advertising of Austin, LLC ''City of Austin v. Reagan National Advertising of Austin, LLC'', 596 U.S. 61 (2022), was a United States Supreme Court case dealing with the application of zoning restrictions on digital billboards in the city of Austin, Texas. In a 6–3 ruling ...
'' (2022)


Content-neutral

* '' City of Ladue v. Gilleo'' (1994)


Sedition and imminent danger

* '' Debs v. United States'' (1919) * ''
Schenck v. United States ''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Hol ...
'' (1919) * '' Abrams v. United States'' (1919) * ''
Gitlow v. New York ''Gitlow v. New York'', 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of spe ...
'' (1925) * ''
Whitney v. California ''Whitney v. California'', 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a clear and present danger to society.''Whitney v. California''274 U.S. 357 ...
'' (1927) * '' Dennis v. United States'' (1951) * '' Communist Party v. Subversive Activities Control Board'' (1955) * ''
Yates v. United States ''Yates v. United States'', 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States that held that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger". Background ...
'' (1957) * ''
Brandenburg v. Ohio ''Brandenburg v. Ohio'', 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that ...
'' (1969)


False speech

* '' United States v. Alvarez'' (2012) * '' Susan B. Anthony List v. Driehaus'' (2014)


Fighting words and the heckler's veto

* ''
Cantwell v. Connecticut ''Cantwell v. Connecticut'', 310 U.S. 296 (1940), is a landmark court decision by the United States Supreme Court holding that the First Amendment's ''federal'' protection of religious free exercise incorporates via the Due Process Clause of t ...
'' (1940) * '' Chaplinsky v. New Hampshire'' (1942) * ''
Terminiello v. Chicago ''Terminiello v. City of Chicago'', 337 U.S. 1 (1949), was a case in which the Supreme Court of the United States held that a "breach of peace" ordinance of the City of Chicago that banned speech that "stirs the public to anger, invites dispute ...
'' (1949) * ''
Feiner v. New York ''Feiner v. New York'', 340 U.S. 315 (1951), was a United States Supreme Court case involving Irving Feiner's arrest for a violation of section 722 of the New York Penal Code, " inciting a breach of the peace," as he addressed a crowd on a street ...
'' (1951) * ''
National Socialist Party of America v. Village of Skokie ''National Socialist Party of America v. Village of Skokie'', 432 U.S. 43 (1977), arising out of what is sometimes referred to as the Skokie Affair, was a List of landmark court decisions in the United States, landmark decision of the Supreme Cour ...
'' (1977) * '' R. A. V. v. City of St. Paul'' (1992) * ''
Snyder v. Phelps ''Snyder v. Phelps'', 562 U.S. 443 (2011), is a List of landmark court decisions in the United States, landmark decision by the Supreme Court of the United States in which the Court held that speech made in a public place on a matter of public co ...
'' (2011) * ''Counterman v. Colorado'' (2023)


Freedom of assembly and public forums

* '' Hague v. CIO'' (1939) * '' Schneider v. New Jersey'' (1939) * '' Martin v. Struthers'' (1943) * '' NAACP v. Alabama'' (1958) * '' Bates v. City of Little Rock'' (1960) * ''
Edwards v. South Carolina ''Edwards v. South Carolina'', 372 U.S. 229 (1963), was a landmark decision of the US Supreme Court ruling that the First and Fourteenth Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when t ...
'' (1963) * '' Cox v. Louisiana'' (1965) * '' Brown v. Louisiana'' (1966) * ''
Adderley v. Florida ''Adderley v. Florida'', 385 U.S. 39 (1966), was a United States Supreme Court case regarding whether arrests for protesting in front of a jail were constitutional. Background information In 1966, a group of students from Florida A&M University ...
'' (1966) * '' Carroll v. Town of Princess Anne'' (1968) * ''
Coates v. Cincinnati ''Coates v. City of Cincinnati'', 402 U.S. 611 (1971), is a United States Supreme Court case in which the Court held that a local city ordinance that made it a criminal offense for three or more persons to assemble on a sidewalk and "annoy" any pa ...
'' (1971) * '' Organization for a Better Austin v. Keefe'' (1971) * '' Southeastern Promotions, Ltd. v. Conrad'' (1975) * '' Pruneyard Shopping Center v. Robins'' (1980) * '' Postal Service v. Council of Greenburgh Civic Assns.'' (1981) * '' Christian Legal Society v. Martinez'' (2010) * '' Manhattan Community Access Corp. v. Halleck'' (2019) * ''
Americans for Prosperity Foundation v. Bonta ''Americans for Prosperity Foundation v. Bonta'', 141 S.Ct. 2373 (2021), is a United States Supreme Court case dealing with the disclosure of donors to non-profit organizations. The case challenged California's requirement that non-profit organiz ...
'' (2021)


Time, place and manner

Cases concerning restrictions on the time, place, and manner of speech * '' Chicago Police Dept. v. Mosley'' (1972) * ''
Grayned v. City of Rockford This is a list of all the United States Supreme Court cases from volume 408 of the ''United States Reports The ''United States Reports'' () are the official record (law reports) of the Supreme Court of the United States. They include rulings, ...
'' (1972) * ''
Ward v. Rock Against Racism ''Ward v. Rock Against Racism'', 491 U.S. 781 (1989), was a United States Supreme Court case. In an opinion by Justice Kennedy, the Court rejected a First Amendment challenge to a New York City regulation that mandated the use of city-provide ...
'' (1989) * '' Schenck v. Pro-Choice Network of Western New York'' (1997) * '' Hill v. Colorado'' (2000) * '' McCullen v. Coakley'' (2014) * '' Minnesota Voters Alliance v. Mansky'' (2018)


Government speech

Cases pertaining to whether or not extending protections to speech constitutes government endorsement of speech. * '' Pleasant Grove City v. Summum'', * '' Walker v. Texas Division, Sons of Confederate Veterans'' (2015) * ''
Matal v. Tam ''Matal v. Tam'', 582 U.S. 218 (2017) (previously known as ''Lee v. Tam'') is a Supreme Court of the United States case that affirmed unanimously the judgment of the United States Court of Appeals for the Federal Circuit that the provisions of th ...
'' (2017) * ''
Iancu v. Brunetti ''Iancu v. Brunetti'', No. 18–302, 588 U.S. ___ (2019), is a Supreme Court of the United States case related to the registration of trademarks under the Lanham Act. It decided 6–3 that the provisions of the Lanham Act prohibiting registration ...
'' (2019) * '' Shurtleff v. City of Boston'',


Government-subsidized speech

Cases about restrictions on speech by third parties funded by the government. * ''
Rust v. Sullivan ''Rust v. Sullivan'', 500 U.S. 173 (1991), was a case in the United States Supreme Court that upheld Department of Health and Human Services regulations prohibiting employees in federally funded family-planning facilities from counseling a patie ...
'' (1991) * ''
Legal Services Corp. v. Velazquez ''Legal Services Corp. v. Velazquez'', 531 U.S. 533 (2001), is a decision of the Supreme Court of the United States concerning the constitutionality of funding restrictions imposed by the United States Congress. At issue were restrictions on the ...
'' (2001)


Obscenity


Generally

Cases concerned with the definition of obscenity and whether a particular work or type of material is obscene. * ''
Roth v. United States ''Roth v. United States'', 354 U.S. 476 (1957), along with its companion case ''Alberts v. California'', was a landmark decision of the Supreme Court of the United States which redefined the constitutional test for determining what constitutes ...
'' (1957) * '' Alberts v. California'', (1957) * ''
One, Inc. v. Olesen ''One, Inc. v. Olesen'', 355 U.S. 371 (1958), was a landmark decision of the US Supreme Court for LGBT rights in the United States. It was the first U.S. Supreme Court ruling to deal with homosexuality and the first to address free speech right ...
'', (1958) * '' MANual Enterprises v. Day'', (1962) * ''
Jacobellis v. Ohio ''Jacobellis v. Ohio'', 378 U.S. 184 (1964), was a United States Supreme Court decision handed down in 1964 involving whether the state of Ohio could, consistent with the First Amendment, ban the showing of the Louis Malle film '' The Lovers'' ( ...
'' (1964) * '' Memoirs v. Massachusetts'', (1966) * '' Kois v. Wisconsin'' (1972) * '' Miller v. California'' (1973) * '' Jenkins v. Georgia'' (1974) * '' New York v. Ferber'' (1982) * ''
Osborne v. Ohio ''Osborne v. Ohio'', 495 U.S. 103 (1990), is a U.S. Supreme Court case in which the Court held that the First Amendment to the United States Constitution allows states to outlaw the possession, as distinct from the distribution, of child pornograp ...
'' (1990) * ''
United States v. Stevens ''United States v. Stevens'', 559 U.S. 460 (2010), was a decision by the Supreme Court of the United States, which ruled that , a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, wa ...
'' (2010)


As criminal offense

Appeals of criminal convictions for possessing, selling or distributing obscenity that focused on that issue * '' Rosen v. United States'' (1896) * '' Butler v. Michigan'' (1957) * ''
Smith v. California ''Smith v. California'', 361 U.S. 147 (1959), was a U.S. Supreme Court case upholding the freedom of the press. The decision deemed unconstitutional a city ordinance that made one in possession of obscene books criminally liable because it did not ...
'', (1959) * ''
Ginzburg v. United States ''Ginzburg v. United States'', 383 U.S. 463 (1966), was a decision by the United States Supreme Court involving the application of the First Amendment to Federal obscenity laws. One of a trio of cases (with '' Memoirs v. Massachusetts'' and ''Mis ...
'', (1966) * '' Mishkin v. New York'', (1966) * ''
Redrup v. New York Redrup is a surname. Notable people with the surname include: * Charles Benjamin Redrup (1878–1961), British aeronautical engineer and inventor * Ronald Redrup Ronald Redrup (30 May 1935 – 5 April 2013) was a British boxer. He competed in ...
'' (1967) * ''
Ginsberg v. New York ''Ginsberg v. New York'', 390 U.S. 629 (1968), was a United States Supreme Court case in which the Court ruled that material that is not obscene may nonetheless be harmful for children, and its marketing may be regulated. Background Under New Y ...
'' (1968) * ''
Stanley v. Georgia ''Stanley v. Georgia'', 394 U.S. 557 (1969), was a landmark decision of the Supreme Court of the United States that helped to establish an implied "right to privacy" in U.S. law in the form of mere possession of obscene materials. The home of ...
'' (1969) * '' Blount v. Rizzi'' (1971) * ''
United States v. Reidel ''United States v. Reidel'', 402 U.S. 351 (1971), was a United States Supreme Court case in which the Court held that a postal regulation that banned the sale of adult materials was constitutionally permissible.. Background At the time of this ...
'' (1971) * '' Heller v. New York'' (1973) * '' United States v. Orito'' (1973) * '' Erznoznik v. City of Jacksonville'' (1975) * '' United States v. X-Citement Video'' (1994)


Search, seizure and forfeiture

Cases involving the search and seizure of allegedly obscene material * '' Marcus v. Search Warrant'', (1961) * '' Quantity of Books v. Kansas'' (1964) * '' Lee Art Theatre, Inc. v. Virginia'' (1968) * ''
United States v. Thirty-seven Photographs ''United States v. Thirty-seven Photographs'', 402 U.S. 363 (1971), is a United States Supreme Court decision in an ''in rem'' case on procedures following the seizure of imported obscene material. A 6–3 court held that the federal statute gove ...
'' (1971) * '' United States v. 12 200-ft. Reels of Film'' (1973) * '' Roaden v. Kentucky'' (1973) * '' Lo-Ji Sales, Inc., v. New York'' (1979) * '' Maryland v. Macon'' (1985) * '' New York v. P.J. Video, Inc.'' (1986)


Civil and administrative regulation

Cases dealing with civil and administrative regulatory procedures aimed at suppressing or restricting obscenity, such as film-licensing boards or zoning regulations. * ''
Mutual Film Corp. v. Industrial Commission of Ohio __NOTOC__ ''Mutual Film Corporation v. Industrial Commission of Ohio'', 236 U.S. 230 (1915), was a landmark decision of the US Supreme Court ruling by a 9–0 vote that the free speech protection of the Ohio Constitution, which was substantially ...
'' (1915) * '' Joseph Burstyn, Inc. v. Wilson'' (1952) * '' Kingsley Books, Inc. v. Brown'' (1957) * '' Kingsley Int'l Pictures Corp. v. Regents of Univ. of N. Y.'' (1959) * '' Times Film Corp. v. Chicago'' (1961) * '' Bantam Books v. Sullivan'' (1963) * '' Freedman v. Maryland'' (1965) * ''
Paris Adult Theatre I v. Slaton ''Paris Adult Theatre I v. Slaton'', 413 U.S. 49 (1973), was a case in which the U.S. Supreme Court upheld a state court's injunction against the showing of obscene films in a movie theatre restricted to consenting adults. The court distinguish ...
'' (1973) * '' Young v. American Mini Theatres'' (1976) * ''
Renton v. Playtime Theatres, Inc. ''Renton v. Playtime Theatres, Inc.'', 475 U.S. 41 (1986), was a case in which the Supreme Court of the United States held that localities may impose regulations prohibiting adult theaters from operating within certain areas, finding that the regu ...
'' (1986) * ''
United States v. Playboy Entertainment Group ''United States v. Playboy Entertainment Group'', 529 U.S. 803 (2000), is a United States Supreme Court case in which the Court struck down Section 505 of the Telecommunications Act of 1996, which required that cable television operators complete ...
'' (2000)


Internet

Cases involving laws meant to restrict obscenity online * ''
Reno v. American Civil Liberties Union ''Reno v. American Civil Liberties Union'', 521 U.S. 844 (1997), was a landmark decision of the Supreme Court of the United States, unanimously ruling that anti-indecency provisions of the 1996 Communications Decency Act violated the First Amendm ...
'' (1997) * '' Ashcroft v. American Civil Liberties Union (2002)'' * ''
Ashcroft v. Free Speech Coalition ''Ashcroft v. Free Speech Coalition'', 535 U.S. 234 (2002), is a U.S. Supreme Court case that struck down two overbroad provisions of the Child Pornography Prevention Act of 1996 because they abridged "the freedom to engage in a substantial amo ...
'' (2002)


Public employees

* '' Pickering v. Board of Education'' (1968) * '' Board of Regents of State Colleges v. Roth'' (1972) * ''
Perry v. Sindermann ''Perry v. Sindermann'', 408 U.S. 593 (1972), was a United States Supreme Court decision affecting educational case law involving tenure and due process. Facts Sindermann was a teacher at several schools in the state college system of the Stat ...
'' (1972) * '' Arnett v. Kennedy'' (1974) * '' Parker v. Levy'' (1974) * ''
Madison School District v. Wisconsin Employment Relations Commission Madison may refer to: People * Madison (name), a given name and a surname * James Madison (1751–1836), fourth president of the United States * Madison (footballer), Brazilian footballer Places in the United States Populated places * Madi ...
'' (1976) * '' Mt. Healthy City School District Board of Education v. Doyle'' (1977) * '' Givhan v. Western Line Consolidated School District'' (1979) * '' Snepp v. United States'' (1980) * '' Connick v. Myers'' (1983) * ''
Rankin v. McPherson ''Rankin v. McPherson'', 483 U.S. 378 (1987), is a major decision of the Supreme Court of the United States concerning the First Amendment, specifically whether the protection of the First Amendment extends to government employees who make extreme ...
'' (1987) * '' Waters v. Churchill'' (1994) * '' United States v. National Treasury Employees Union'' (1995) * ''
Board of Commissioners, Wabaunsee County v. Umbehr, Board or Boards may refer to: Flat surface * Lumber, or other rigid material, milled or sawn flat ** Plank (wood) ** Cutting board ** Sounding board, of a musical instrument * Cardboard (paper product) * Paperboard * Fiberboard ** Hardboard, a ty ...
'' (1996) * ''
San Diego v. Roe The Supreme Court of the United States handed down six ''per curiam'' opinions during its 2004 term, which began October 4, 2004 and concluded October 3, 2005. Because ''per curiam'' decisions are issued from the Court as an institution, these o ...
'' (2004) * ''
Garcetti v. Ceballos ''Garcetti v. Ceballos'', 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up fo ...
'' (2007) * '' Borough of Duryea v. Guarnieri'' (2011) * ''
Lane v. Franks ''Lane v. Franks'', 573 U.S. 228 (2014), is a U.S. Supreme Court case involving public employee's freedom of speech rights. Edward Lane sued Steve Franks for unfairly firing him, out of retaliation for sworn testimony Lane gave during a federal f ...
'' (2014) * '' Heffernan v. City of Paterson'' (2016) * '' Houston Community College System v. Wilson'',


Political activity and

Hatch Act of 1939 The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law that prohibits civil service employees in the executive branch of the federal government, except the president and vice president, from ...

* ''
Ex parte Curtis ''Ex parte Curtis'', 106 U.S. 371 (1882), is an 8–1 ruling by the United States Supreme Court that the Act of August 15, 1876 was a constitutional exercise of the enumerated powers of the United States Congress under Article I, Section 8 of th ...
'' (1882) * '' United Public Workers v. Mitchell'' (1947) * '' United States Civil Service Commission v. National Association of Letter Carriers'' (1973) * '' Broadrick v. Oklahoma'' (1973) * '' Elrod v. Burns'' (1976) * ''
Branti v. Finkel ''Branti v. Finkel'', 445 U.S. 507 (1980), was a United States Supreme Court case in which the Court held that public defenders cannot be fired solely based on their political affiliation. Background The two petitioners, Republicans, were Assi ...
'' (1979)


Public school students

Speech by students in public secondary schools * '' Tinker v. Des Moines Independent Community School District'' (1969) * ''
Healy v. James ''Healy v. James'', 408 U.S. 169 (1972), was a United States Supreme Court case in which the Court held that Central Connecticut State College's refusal to recognize a campus chapter of Students for a Democratic Society was unconstitutional. Th ...
'' (1972) * '' Board of Education v. Pico'' (1982) * '' Bethel School District No. 403 v. Fraser'' (1986) * ''
Hazelwood School District v. Kuhlmeier ''Hazelwood School District et al. v. Kuhlmeier et al.'', 484 U.S. 260 (1988), was a landmark decision by the Supreme Court of the United States which held, in a 5–3 decision, that student speech in a school-sponsored student newspaper at a pu ...
'' (1988) * '' Morse v. Frederick'' (2007) * '' Mahanoy Area School District v. B.L.'' (2021)


Retaliation by public officials

Cases in which it has been alleged governmental officials retaliated for protected speech made by private citizens who are not employed by said officials. * '' Bridges v. California'' (1941) * ''
Pennekamp v. Florida Pennekamp v. Florida, 328 U.S. 331 (1946), was a Supreme Court case in which the court held that a Florida circuit court which held the Miami Herald in contempt of court for publishing a scathing publication of that court was a violation of the ...
'' (1946) * '' Wood v. Georgia'' (1962) * '' Haig v. Agee'' (1981) * '' Gentile v. State Bar of Nevada'' (1991) * '' Lozman v. City of Riviera Beach'' (2018) * ''
Nieves v. Bartlett ''Nieves v. Bartlett'', 587 U.S. 391 (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officers ...
'' (2019)


Symbolic speech

* ''
United States v. O'Brien ''United States v. O'Brien'', 391 U.S. 367 (1968), was a List of landmark court decisions in the United States, landmark decision of the United States Supreme Court, ruling that a criminal prohibition against Draft-card burning, burning a draft c ...
'' (1968) * ''
Cohen v. California ''Cohen v. California'', 403 U.S. 15 (1971), was a landmark decision of the US Supreme Court holding that the First Amendment prevented the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket displaying "F ...
'' (1971) * ''
Smith v. Goguen ''Smith v. Goguen'', 415 U.S. 566 (1974), is a decision of the Supreme Court of the United States in which the Court held that a Massachusetts flag desecration law that prohibited "publicly treat ngcontemptuously the flag of the United States" ...
'' (1974) * ''
Texas v. Johnson ''Texas v. Johnson'', 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. ...
'' (1989) * ''
United States v. Eichman ''United States v. Eichman'', 496 U.S. 310 (1990), was a United States Supreme Court case that by a 5–4 decision invalidated a federal law against flag desecration as a violation of free speech under the First Amendment. It was argued toge ...
'' (1990) * '' City of Erie v. Pap's A.M.'' (2000) * '' Virginia v. Black'' (2003)


Freedom of the press


Broadcast media

* '' Red Lion Broadcasting Co. v. FCC'' (1968) * '' CBS v. Democratic National Committee'' (1973) * '' FCC v. League of Women Voters of California'' (1984) * ''
FCC v. Pacifica Foundation ''Federal Communications Commission v. Pacifica Foundation'', 438 U.S. 726 (1978), was a landmark decision of the United States Supreme Court that upheld the ability of the Federal Communications Commission (FCC) to regulate indecent content sen ...
'' (1989) * '' Turner Broadcasting v. FCC'' (1995) * '' Bartnicki v. Vopper'' * '' FCC v. Fox Television Stations, Inc. I'' (2009) * '' FCC v. Fox Television Stations, Inc. II'' (2012)


Defamation

* '' Beauharnais v. Illinois'' (1952) * ''
New York Times Co. v. Sullivan ''New York Times Co. v. Sullivan'', 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision that ruled the freedom of speech protections in the First Amendment to the U.S. Constitution limit the ability of a public official to sue for d ...
'' (1964) * '' Garrison v. Louisiana'' (1964) * '' Curtis Publishing Co. v. Butts'' (1967) * '' St. Amant v. Thompson'' (1968) * ''
Gertz v. Robert Welch, Inc. ''Gertz v. Robert Welch, Inc.'', 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long a ...
'' (1974) * '' Time, Inc. v. Firestone'' (1976) * '' Bose Corp. v. Consumers Union of United States, Inc.'' (1981) * '' Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.'' (1985) * '' McDonald v. Smith'' (1985) * ''
Hustler Magazine v. Falwell ''Hustler Magazine, Inc. v. Falwell'', 485 U.S. 46 (1988), is a landmark decision by the Supreme Court of the United States in which the Court held that parodies of public figures, even those intending to cause emotional distress, are protected by ...
'' (1988) * '' Milkovich v. Lorain Journal Co.'' (1990) * '' Hoeper v. Air Wisconsin'' (2014)


Prior restraints and censorship

* ''
Near v. Minnesota ''Near v. Minnesota'', 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to ...
'' (1931) * '' Lovell v. City of Griffin'' (1938) * ''
Brandenburg v. Ohio ''Brandenburg v. Ohio'', 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that ...
'' (1969) * ''
New York Times Co. v. United States ''New York Times Co. v. United States'', 403 U.S. 713 (1971), often referred to as The Pentagon Papers Case, was a landmark decision of the Supreme Court of the United States on the First Amendment right to freedom of the press. The ruling made ...
'' (1971) * '' Nebraska Press Assn. v. Stuart'' (1976) * '' Houchins v. KQED, Inc.'' (1978) * '' Tory v. Cochran'' (2005) * '' Citizens United v. FEC'' (2010)


Privacy

* ''
Time, Inc. v. Hill ''Time, Inc. v. Hill'', 385 U.S. 374 (1967), is a United States Supreme Court case involving issues of privacy in balance with the First Amendment to the United States Constitution and principles of freedom of speech. The Court held 6–3 that th ...
'' (1967) * '' Cox Broadcasting Corp. v. Cohn'' (1975) * '' Richmond Newspapers, Inc. v. Virginia'' (198

https://www.nytimes.com/2015/04/24/opinion/open-the-supreme-court-to-cameras.html] * ''
Florida Star v. B. J. F. ''Florida Star v. B.J.F.'', 491 U.S. 524 (1989), is a United States Supreme Court case involving freedom of the press and privacy rights. After '' The Florida Star'' newspaper revealed the full name of a rape victim it got from a police report, ...
'' (1989) * '' Wilson v. Layne'' (1999)


Search and seizure

* ''
Zurcher v. Stanford Daily ''Zurcher v. Stanford Daily'', 436 U.S. 547 (1978), is a United States Supreme Court case from 1978 in which ''The Stanford Daily'', a student newspaper at Stanford University, was searched by police who had suspected the paper to be in possessio ...
'', (1978)


Taxation and privileges

* ''
Grosjean v. American Press Co. Grosjean () is a surname of French or Belgian origin from the adjective ''gros'' (large) and the forename ''Jean''. As ''gros-jean'', it is sometimes applied in French to a person who is perceived as stupid. People * Alice Lee Grosjean, confidante ...
'' (1936) * '' Branzburg v. Hayes'' (1972) * '' Minneapolis Star Tribune Company v. Commissioner'' (1983)


Freedom of assembly

* ''
United States v. Cruikshank ''United States v. Cruikshank'', 92 U.S. 542 (1876), was a landmark decision of the United States Supreme Court ruling that the U.S. Bill of Rights did not limit the power of private actors or state governments despite the adoption of the Fo ...
'', * ''
Presser v. Illinois ''Presser v. Illinois'', 116 U.S. 252 (1886), was a landmark decision of the Supreme Court of the United States that held, "Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizatio ...
'', * '' De Jonge v. Oregon'', * '' Thomas v. Collins'', * ''
National Socialist Party of America v. Village of Skokie ''National Socialist Party of America v. Village of Skokie'', 432 U.S. 43 (1977), arising out of what is sometimes referred to as the Skokie Affair, was a List of landmark court decisions in the United States, landmark decision of the Supreme Cour ...
'',


Freedom of association

* ''
Joint Anti-Fascist Refugee Committee v. McGrath A joint or articulation (or articular surface) is the connection made between bones, ossicles, or other hard structures in the body which link an animal's skeletal system into a functional whole.Saladin, Ken. Anatomy & Physiology. 7th ed. McGraw- ...
'' (1951) * ''
Watkins v. United States ''Watkins v. United States'', 354 U.S. 178 (1957), is a decision of the Supreme Court of the United States that held that the power of the United States Congress is not unlimited in conducting investigations and that nothing in the United States ...
'' (1957) * ''
Sweezy v. New Hampshire ''Sweezy v. New Hampshire'', 354 U.S. 234 (1957), was a case before the United States Supreme Court in which the Court ruled that jailing an academic when he refused to answer questions about university lectures he had given was a violation of du ...
'' (1957) * '' NAACP v. Alabama'' (1958) * '' Bates v. City of Little Rock'' (1960) * '' Shelton v. Tucker'' (1960) * '' Gibson v. Florida Legislative Investigation Committee'' (1963) * '' Eastland v. United States Servicemen's Fund'' (1975) * ''
Abood v. Detroit Board of Education ''Abood v. Detroit Board of Education'', 431 U.S. 209 (1977), was a US labor law case where the United States Supreme Court upheld the maintaining of a union shop in a public workplace. Public school teachers in Detroit had sought to overturn t ...
'' (1977) * '' In re Primus'' (1978) * '' Roberts v. United States Jaycees'' (1984) * '' Rotary Int'l v. Rotary Club of Duarte'', 481 U.S. 537 (1987) * ''
Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston ''Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston'', 515 U.S. 557 (1995), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court regarding Freedom of speech in the United States, ...
'' (1995) * ''
Boy Scouts of America v. Dale ''Boy Scouts of America et al. v. Dale'', 530 U.S. 640 (2000), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court, decided on June 28, 2000, that held that the constitutional right to freedom of ...
'' (2000) * ''
California Democratic Party v. Jones ''California Democratic Party v. Jones'', 530 U.S. 567 (2000), was a case in which the United States Supreme Court held that California's blanket primary violates a political party's First Amendment freedom of association. Prior history In Califo ...
'' (2000) * ''
Americans for Prosperity Foundation v. Bonta ''Americans for Prosperity Foundation v. Bonta'', 141 S.Ct. 2373 (2021), is a United States Supreme Court case dealing with the disclosure of donors to non-profit organizations. The case challenged California's requirement that non-profit organiz ...
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Freedom to petition

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United States v. Cruikshank ''United States v. Cruikshank'', 92 U.S. 542 (1876), was a landmark decision of the United States Supreme Court ruling that the U.S. Bill of Rights did not limit the power of private actors or state governments despite the adoption of the Fo ...
'' (1876) * '' Thomas v. Collins'' (1945) * '' Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.'' (1961) * ''
NAACP v. Button ''NAACP v. Button'', 371 U.S. 415 (1963), is a ruling by the Supreme Court of the United States which held that the reservation of jurisdiction by a federal district court did not bar the U.S. Supreme Court from reviewing a state court's ruling, ...
'' (1963) * ''
Edwards v. South Carolina ''Edwards v. South Carolina'', 372 U.S. 229 (1963), was a landmark decision of the US Supreme Court ruling that the First and Fourteenth Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when t ...
'' (1963) * ''
United Mine Workers v. Pennington United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two fi ...
'' (1965) * '' Cox v. Louisiana'' (1965) * ''
California Motor Transport Co. v. Trucking Unlimited ''California Motor Transport Co. v. Trucking Unlimited'', 404 U.S. 508 (1972), was a landmark decision of the US Supreme Court involving the right to make petitions to the government. The right to petition is enshrined in the First Amendment to ...
'' (1972) * '' Smith v. Arkansas State Highway Employees'' (1979) * '' Feres v United States'' (1985) * '' McDonald v. Smith'' (1985) * ''
Meyer v. Grant ''Meyer v. Grant'', 486 U.S. 414 (1988), was an important decision by the United States Supreme Court on paid petition circulation. Colorado was one of several states with a process for citizens to propose initiatives for the ballot, which if pass ...
'' (1988) * '' Buckley v. American Constitutional Law Foundation'' (1999) * '' BE and K Construction Co. V. National Labor Relations Board'' (2002) * ''
Doe v. Reed ''Doe v. Reed'', 561 U.S. 186 (2010), is a United States Supreme Court case which holds that the disclosure of signatures on a referendum does not violate the Petition Clause of the First Amendment to the United States Constitution. Background ...
'' (2010) * '' Borough of Duryea v. Guarnieri'' (2011)


References


Further reading

* ''The Oxford Companion to the Supreme Court of the United States''. Kermit L. Hall, ed. * ''The Oxford Guide to United States Supreme Court Decisions''. Kermit L. Hall, ed. * {{DEFAULTSORT:List Of United States Supreme Court Cases Involving The First Amendment
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...