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Gitlow v. New York, 268 U.S. 652 (1925), was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution
United States Constitution
had extended the reach of certain limitations on federal government authority set forth in the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states. It was one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing.

Contents

1 History

1.1 Background 1.2 Incorporation

2 Free speech

2.1 Aftermath

3 Footnotes 4 Further reading 5 External links

History[edit] Background[edit] Following the Red Scare of 1919–20, a variety of leftists, either anarchists, sympathizers with the Bolshevik Revolution, labor activists, or members of a communist or socialist party, were convicted for violating the Espionage Act of 1917
Espionage Act of 1917
and Sedition
Sedition
Act of 1918 on the basis of their writings or statements. Benjamin Gitlow, a member of the Socialist Party of America, who had served in the New York State Assembly, was charged with criminal anarchy under New York's Criminal Anarchy Law of 1902 for publishing in July 1919 a document called "Left Wing Manifesto" in The Revolutionary Age, a newspaper for which he served as business manager. His trial lasted from January 22 to February 5, 1920. His defense contended that the Manifesto represented historical analysis rather than advocacy. He was convicted on February 11 and sentenced to 5 to 10 years in prison. He served more than two years at Sing Sing
Sing Sing
prison before his motion to appeal was granted and he was released on bail. State courts of appeal upheld his conviction.[1] New York's Criminal Anarchy Law was passed in 1902 following the assassination of President William McKinley
William McKinley
by an anarchist in Buffalo, New York, in September 1901.[2] Gitlow was the first major First Amendment case that the American Civil Liberties Union argued before the Supreme Court.[3] The Court had to consider whether it could review a challenge to a state law on the basis that it violated the federal constitution. If it determined that such a challenge lay within the scope of its authority, then it had to review the application of the law to the case at hand, the specific violation of the statute. It upheld Gitlow's conviction 7–2, with Brandeis and Holmes dissenting.[4] Incorporation[edit] The Supreme Court previously held, in Barron v. Baltimore, 32 U.S. 243 (1833), that the Constitution's Bill of Rights applied only to the federal government, that states were free to enforce statutes that restricted the rights enumerated in the Bill of Rights, and that the federal courts could not interfere with the enforcement of such statutes. Gitlow v. New York
Gitlow v. New York
partly reversed that precedent and began a trend toward its nearly complete reversal. The Supreme Court now holds that almost every provision of the Bill of Rights applies to both the federal government and the states. The Supreme Court relied on the "due process clause" of the Fourteenth Amendment, which prohibits a state from depriving "any person of life, liberty, or property, without due process of law." The Court stated that "For present purposes we may and do assume that" the rights of freedom of speech and freedom of the press were "among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the states". The Court used the doctrine first enunciated in Gitlow in other cases, such as De Jonge v. Oregon, 299 U.S. 353 (1937), Wolf v. Colorado, 338 U.S. 25 (1949), and Gideon v. Wainwright, 372 U.S. 335 (1963), to extend the reach of the Bill of Rights. Constitutional scholars refer to this as the "incorporation doctrine," meaning that the Supreme Court has identified rights specified in the Bill of Rights and incorporated them into the liberties covered by the due process clause of the Fourteenth Amendment. Recently, the Supreme Court, see, McDonald v. Chicago, found the 2nd Amendment Right to "...keep and bear arms," for lawful purposes such as self-defense both a fundamental and individual right of all law-abiding Citizens over 21 years of age and of sound mind as self-defense is the "central component" of the 2nd Amendment, and these Rights are "fully applicable" in all of the 50 States. Free speech[edit] The Court upheld Gitlow's conviction on the basis that the government may suppress or punish speech that directly advocates the unlawful overthrow of the government and it upheld the constitutionality of the state statute at issue, which made it a crime to advocate the duty, need, or appropriateness of overthrowing government by force or violence. Justice Edward Terry Sanford's majority opinion attempted to define more clearly the "clear and present danger" test developed a few years earlier in Schenck v. United States, 249 U.S. 47 (1919). He embraced "the bad tendency test" found in Shaffer v. United States, 255 F. 886 (1919), which held that a "State may punish utterances endangering the foundations of government and threatening its overthrow by unlawful means" because such speech clearly "present[s] a sufficient danger to the public peace and to the security of the State." According to Sanford, a "single revolutionary spark may kindle a fire that, smoldering for a time, may burst into a sweeping and destructive conflagration." He said the Manifesto contained "the language of direct incitement" and was not "the expression of philosophical abstraction."[4] In his dissent, Holmes, the author of Schenck's clear and present danger test, wrote that he believed it was still the appropriate test to employ in judging the limits of freedom of expression. Joined by Brandeis, he argued that Gitlow presented no present danger because only a small minority of people shared the views presented in the manifesto and because it directed an uprising at some "indefinite time in the future." He responded to Sanford's kindling metaphor that "eloquence may set fire to reason, but, whatever may be thought of the redundant discourse before us, it had no chance of starting a present conflagration."[4] Aftermath[edit] On November 9, 1925, Gitlow surrendered to New York Authorities for transportation back to Sing Sing
Sing Sing
Prison to finish his sentence.[1] On December 11, 1925, New York Gov. Al Smith
Al Smith
pardoned him, saying that while Gitlow had been "properly and legally convicted", he needed to consider "whether or not he has been sufficiently punished for a political crime." He concluded that "no additional punishment would act as a deterrent to those who would preach an erroneous doctrine of Government."[5] Footnotes[edit]

^ a b New York Times: "Gitlow Goes Back to Serve his Term," November 10, 1925, accessed June 17, 2012 ^ Whipple, Leon (1927). The Story of Civil Liberty in the United States. New York: Vanguard Press. p. 307.  ^ "The Successes of the American Civil Liberties Union". ACLU. 17 June 2012.  ^ a b c "Gitlow Loses Fight in Highest Court to Annul Anarchy Law". New York Times. 9 June 1925.  ^ "Gitlow is Pardoned by Governor Smith as Punished Enough". New York Times. 12 December 1925. 

Further reading[edit]

Heberle, Klaus H. (May 1972). "From Gitlow to Near: Judicial "Amendment" by Absent-Minded Incrementalism". Journal of Politics. 34 (2): 458–483. JSTOR 2129363. 

External links[edit]

Text of Gitlow v. New York, 268 U.S. 652 (1925) is available from:  Cornell  CourtListener  Findlaw  Justia  Oyez  OpenJurist  Google Scholar  First Amendment Library entry for Gitlow v. New York Exploring Constitutional Conflicts: Clear and Present Danger

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United States First Amendment case law

Establishment Clause

Public funding

Everson v. Board of Education
Everson v. Board of Education
(1947) McCollum v. Board of Education
McCollum v. Board of Education
(1948) Walz v. Tax Commission of the City of New York
Walz v. Tax Commission of the City of New York
(1970) Lemon v. Kurtzman
Lemon v. Kurtzman
(1971) Marsh v. Chambers
Marsh v. Chambers
(1983) Mueller v. Allen
Mueller v. Allen
(1983) Aguilar v. Felton
Aguilar v. Felton
(1985) Board of Education of Kiryas Joel Village School District v. Grumet (1994) Agostini v. Felton
Agostini v. Felton
(1997) Mitchell v. Helms
Mitchell v. Helms
(2000) Zelman v. Simmons-Harris
Zelman v. Simmons-Harris
(2002) Locke v. Davey
Locke v. Davey
(2004) Arizona Christian School Tuition Organization v. Winn
Arizona Christian School Tuition Organization v. Winn
(2011)

Public displays

Stone v. Graham
Stone v. Graham
(1980) Lynch v. Donnelly
Lynch v. Donnelly
(1984) Board of Trustees of Scarsdale v. McCreary
Board of Trustees of Scarsdale v. McCreary
(1985) County of Allegheny v. ACLU (1989) McCreary County v. ACLU of Kentucky (2005) Van Orden v. Perry
Van Orden v. Perry
(2005) Pleasant Grove City v. Summum
Pleasant Grove City v. Summum
(2009)

School prayer

Zorach v. Clauson
Zorach v. Clauson
(1952) Engel v. Vitale
Engel v. Vitale
(1962) Abington School District v. Schempp
Abington School District v. Schempp
(1963) Stone v. Graham
Stone v. Graham
(1980) Wallace v. Jaffree
Wallace v. Jaffree
(1985) Lee v. Weisman
Lee v. Weisman
(1992) Santa Fe Independent School District v. Doe
Santa Fe Independent School District v. Doe
(2000) Elk Grove Unified School District v. Newdow
Elk Grove Unified School District v. Newdow
(2004)

Creationism

Epperson v. Arkansas
Epperson v. Arkansas
(1968) Edwards v. Aguillard
Edwards v. Aguillard
(1987) Kitzmiller v. Dover Area School District
Kitzmiller v. Dover Area School District
(M.D. Pa. 2005)

Legislature prayer

Marsh v. Chambers
Marsh v. Chambers
(1983) Town of Greece v. Galloway
Town of Greece v. Galloway
(2014)

Other

McGowan v. Maryland
McGowan v. Maryland
(1961) McDaniel v. Paty
McDaniel v. Paty
(1978) Estate of Thornton v. Caldor, Inc.
Estate of Thornton v. Caldor, Inc.
(1985) Texas Monthly, Inc. v. Bullock
Texas Monthly, Inc. v. Bullock
(1989) Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (2012)

Free Exercise Clause

Reynolds v. United States
Reynolds v. United States
(1879) Davis v. Beason
Davis v. Beason
(1890) Schneider v. New Jersey
Schneider v. New Jersey
(1939) Cantwell v. Connecticut
Cantwell v. Connecticut
(1940) Minersville School District v. Gobitis
Minersville School District v. Gobitis
(1940) Murdock v. Pennsylvania
Murdock v. Pennsylvania
(1943) United States v. Ballard
United States v. Ballard
(1944) Braunfeld v. Brown
Braunfeld v. Brown
(1961) Torcaso v. Watkins
Torcaso v. Watkins
(1961) Sherbert v. Verner
Sherbert v. Verner
(1963) Presbyterian Church v. Hull Church
Presbyterian Church v. Hull Church
(1969) Wisconsin v. Yoder
Wisconsin v. Yoder
(1972) Harris v. McRae
Harris v. McRae
(1980) Thomas v. Review Board of the Indiana Employment Security Division (1981) United States v. Lee (1982) Bob Jones University v. United States
Bob Jones University v. United States
(1983) Bowen v. Roy
Bowen v. Roy
(1986) Goldman v. Weinberger
Goldman v. Weinberger
(1986) Employment Division v. Smith
Employment Division v. Smith
(1990) Church of Lukumi Babalu Aye v. City of Hialeah
Church of Lukumi Babalu Aye v. City of Hialeah
(1993) City of Boerne v. Flores
City of Boerne v. Flores
(1997) Watchtower Society v. Village of Stratton
Watchtower Society v. Village of Stratton
(2002) Cutter v. Wilkinson
Cutter v. Wilkinson
(2005) Trinity Lutheran Church of Columbia, Inc. v. Comer
Trinity Lutheran Church of Columbia, Inc. v. Comer
(2017) Masterpiece Cakeshop v. Colorado Civil Rights Commission
Masterpiece Cakeshop v. Colorado Civil Rights Commission
(under consideration) National Institute of Family and Life Advocates v. Becerra
National Institute of Family and Life Advocates v. Becerra
(under consideration)

Freedom of speech
Freedom of speech
(portal)

Sedition
Sedition
and imminent danger

Alien and Sedition
Sedition
Acts (1798) Masses Publishing Co. v. Patten (S.D.N.Y. 1917) Schenck v. United States
Schenck v. United States
(1919) Abrams v. United States
Abrams v. United States
(1919) Gitlow v. New York
Gitlow v. New York
(1925) Whitney v. California
Whitney v. California
(1927) Dennis v. United States
Dennis v. United States
(1951) Communist Party v. Subversive Activities Control Board
Communist Party v. Subversive Activities Control Board
(1955, 1961) Yates v. United States
Yates v. United States
(1957) Bond v. Floyd
Bond v. Floyd
(1966) Brandenburg v. Ohio
Brandenburg v. Ohio
(1969) Hess v. Indiana
Hess v. Indiana
(1973)

False speech

Gertz v. Robert Welch, Inc.
Gertz v. Robert Welch, Inc.
(1974) United States v. Alvarez
United States v. Alvarez
(2012)

Fighting words and the heckler's veto

Cantwell v. Connecticut
Cantwell v. Connecticut
(1940) Chaplinsky v. New Hampshire
Chaplinsky v. New Hampshire
(1942) Terminiello v. Chicago
Terminiello v. Chicago
(1949) Feiner v. New York
Feiner v. New York
(1951) Gregory v. Chicago
Gregory v. Chicago
(1969) National Socialist Party of America
Socialist Party of America
v. Village of Skokie (1977) R.A.V. v. City of St. Paul
R.A.V. v. City of St. Paul
(1992) Snyder v. Phelps
Snyder v. Phelps
(2011) Elonis v. United States
Elonis v. United States
(2015)

Freedom of assembly and public forums

Hague v. CIO (1939) Schneider v. New Jersey
Schneider v. New Jersey
(1939) Thornhill v. Alabama
Thornhill v. Alabama
(1940) Martin v. City of Struthers
Martin v. City of Struthers
(1943) Marsh v. Alabama
Marsh v. Alabama
(1946) Niemotko v. Maryland
Niemotko v. Maryland
(1951) Edwards v. South Carolina
Edwards v. South Carolina
(1963) Cox v. Louisiana
Cox v. Louisiana
(1965) Brown v. Louisiana
Brown v. Louisiana
(1966) Adderley v. Florida
Adderley v. Florida
(1966) Carroll v. Town of Princess Anne
Carroll v. Town of Princess Anne
(1968) Coates v. Cincinnati
Coates v. Cincinnati
(1971) Organization for a Better Austin v. Keefe
Organization for a Better Austin v. Keefe
(1971) Lloyd Corp. v. Tanner
Lloyd Corp. v. Tanner
(1972) Pruneyard Shopping Center v. Robins
Pruneyard Shopping Center v. Robins
(1980) Widmar v. Vincent (1981) Hill v. Colorado
Hill v. Colorado
(2000) McCullen v. Coakley
McCullen v. Coakley
(2014) Packingham v. North Carolina
Packingham v. North Carolina
(2017)

Symbolic speech

Stromberg v. California
Stromberg v. California
(1931) United States v. O'Brien
United States v. O'Brien
(1968) Cohen v. California
Cohen v. California
(1971) Smith v. Goguen
Smith v. Goguen
(1974) Texas v. Johnson
Texas v. Johnson
(1989) United States v. Eichman
United States v. Eichman
(1990) Virginia v. Black
Virginia v. Black
(2003)

Compelled speech

Minersville School District v. Gobitis
Minersville School District v. Gobitis
(1940) West Virginia State Board of Education v. Barnette
West Virginia State Board of Education v. Barnette
(1943) Wooley v. Maynard
Wooley v. Maynard
(1977) Board of Regents of the University of Wisconsin System v. Southworth (2000) Davenport v. Washington Education Association
Davenport v. Washington Education Association
(2007) Knox v. Service Employees International Union, Local 1000
Knox v. Service Employees International Union, Local 1000
(2012) Agency for International Development v. Alliance for Open Society International, Inc. (2013) Masterpiece Cakeshop v. Colorado Civil Rights Commission
Masterpiece Cakeshop v. Colorado Civil Rights Commission
(under consideration) National Institute of Family and Life Advocates v. Becerra
National Institute of Family and Life Advocates v. Becerra
(under consideration)

Loyalty oaths

American Communications Association v. Douds
American Communications Association v. Douds
(1950) Garner v. Board of Public Works
Garner v. Board of Public Works
(1951) Speiser v. Randall
Speiser v. Randall
(1958) Keyishian v. Board of Regents
Keyishian v. Board of Regents
(1967) Communist Party of Indiana v. Whitcomb
Communist Party of Indiana v. Whitcomb
(1974)

School speech

Minersville School District v. Gobitis
Minersville School District v. Gobitis
(1940) West Virginia State Board of Education v. Barnette
West Virginia State Board of Education v. Barnette
(1943) Tinker v. Des Moines Independent Community School District
Tinker v. Des Moines Independent Community School District
(1969) Island Trees School District v. Pico
Island Trees School District v. Pico
(1982) Bethel School District v. Fraser
Bethel School District v. Fraser
(1986) Hazelwood School District v. Kuhlmeier
Hazelwood School District v. Kuhlmeier
(1988) Rosenberger v. University of Virginia
Rosenberger v. University of Virginia
(1995) Morse v. Frederick
Morse v. Frederick
(2007)

Obscenity

Rosen v. United States
Rosen v. United States
(1896) United States v. One Book Called Ulysses
United States v. One Book Called Ulysses
(S.D.N.Y. 1933) Roth v. United States
Roth v. United States
(1957) One, Inc. v. Olesen
One, Inc. v. Olesen
(1958) Smith v. California
Smith v. California
(1959) Marcus v. Search Warrant
Marcus v. Search Warrant
(1961) MANual Enterprises v. Day
MANual Enterprises v. Day
(1962) Jacobellis v. Ohio
Jacobellis v. Ohio
(1964) Quantity of Books v. Kansas
Quantity of Books v. Kansas
(1964) Freedman v. Maryland
Freedman v. Maryland
(1965) Ginzburg v. United States
Ginzburg v. United States
(1966) Memoirs v. Massachusetts
Memoirs v. Massachusetts
(1966) Redrup v. New York
Redrup v. New York
(1967) Ginsberg v. New York
Ginsberg v. New York
(1968) Stanley v. Georgia
Stanley v. Georgia
(1969) Cohen v. California
Cohen v. California
(1971) United States v. Thirty-seven Photographs
United States v. Thirty-seven Photographs
(1971) Kois v. Wisconsin
Kois v. Wisconsin
(1972) Miller v. California
Miller v. California
(1973) Paris Adult Theatre I v. Slaton
Paris Adult Theatre I v. Slaton
(1973) United States v. 12 200-ft. Reels of Film
United States v. 12 200-ft. Reels of Film
(1973) Jenkins v. Georgia
Jenkins v. Georgia
(1974) Erznoznik v. City of Jacksonville
Erznoznik v. City of Jacksonville
(1975) Young v. American Mini Theatres
Young v. American Mini Theatres
(1976) New York v. Ferber
New York v. Ferber
(1982) American Booksellers v. Hudnut
American Booksellers v. Hudnut
(7th Cir., 1985) Renton v. Playtime Theatres, Inc.
Renton v. Playtime Theatres, Inc.
(1986) People v. Freeman
People v. Freeman
(Cal. 1988) Osborne v. Ohio
Osborne v. Ohio
(1990) United States v. X-Citement Video
United States v. X-Citement Video
(1994) Reno v. American Civil Liberties Union
American Civil Liberties Union
(1997) United States v. Playboy Entertainment Group
United States v. Playboy Entertainment Group
(2000) Ashcroft v. Free Speech Coalition
Ashcroft v. Free Speech Coalition
(2002) Ashcroft v. American Civil Liberties Union
American Civil Liberties Union
(2002) Nitke v. Gonzales (S.D.N.Y., 2005) United States v. Williams (2008) FCC v. Fox Televisions Stations - 2 cases (2009 and 2012) American Booksellers Foundation for Free Expression v. Strickland
American Booksellers Foundation for Free Expression v. Strickland
(6th Cir., 2009) United States v. Kilbride
United States v. Kilbride
(9th Cir., 2009) United States v. Stevens
United States v. Stevens
(2010) Brown v. Entertainment Merchants Association
Brown v. Entertainment Merchants Association
(2011)

Public employees

Pickering v. Board of Education
Pickering v. Board of Education
(1968) Perry v. Sindermann
Perry v. Sindermann
(1972) Board of Regents of State Colleges v. Roth
Board of Regents of State Colleges v. Roth
(1972) Mt. Healthy City School District Board of Education v. Doyle
Mt. Healthy City School District Board of Education v. Doyle
(1977) Givhan v. Western Line Consolidated School District
Givhan v. Western Line Consolidated School District
(1979) Connick v. Myers
Connick v. Myers
(1983) Rankin v. McPherson
Rankin v. McPherson
(1987) Waters v. Churchill
Waters v. Churchill
(1994) Garcetti v. Ceballos
Garcetti v. Ceballos
(2006) Borough of Duryea v. Guarnieri
Borough of Duryea v. Guarnieri
(2011) Heffernan v. City of Paterson
Heffernan v. City of Paterson
(2016)

Hatch Act and similar laws

Ex parte Curtis
Ex parte Curtis
(1882) United Public Workers v. Mitchell
United Public Workers v. Mitchell
(1947) United States Civil Service Commission v. National Association of Letter Carriers (1973) Broadrick v. Oklahoma
Broadrick v. Oklahoma
(1973)

Licensing and restriction of speech

Mutual Film Corporation v. Industrial Commission of Ohio
Mutual Film Corporation v. Industrial Commission of Ohio
(1915) Joseph Burstyn, Inc. v. Wilson
Joseph Burstyn, Inc. v. Wilson
(1952) Freedman v. Maryland
Freedman v. Maryland
(1965) Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976) Hoffman Estates v. The Flipside, Hoffman Estates, Inc.
Hoffman Estates v. The Flipside, Hoffman Estates, Inc.
(1982) Walker v. Texas Division, Sons of Confederate Veterans
Walker v. Texas Division, Sons of Confederate Veterans
(2015) Matal v. Tam
Matal v. Tam
(2017)

Commercial speech

Valentine v. Chrestensen
Valentine v. Chrestensen
(1942) Rowan v. U.S. Post Office Dept.
Rowan v. U.S. Post Office Dept.
(1970) Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973) Bigelow v. Commonwealth of Virginia
Bigelow v. Commonwealth of Virginia
(1974) Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976) Bates v. State Bar of Arizona
Bates v. State Bar of Arizona
(1977) Linmark Associates, Inc. v. Willingboro
Linmark Associates, Inc. v. Willingboro
(1977) Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) Consol. Edison Co. v. Public Serv. Comm'n (1980) Pacific Gas & Electric Co. v. Public Utilities Commission of California (1986) Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986) San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987) 44 Liquormart, Inc. v. Rhode Island
44 Liquormart, Inc. v. Rhode Island
(1996) Sorrell v. IMS Health Inc.
Sorrell v. IMS Health Inc.
(2011)

Campaign finance and political speech

Buckley v. Valeo
Buckley v. Valeo
(1976) First National Bank of Boston v. Bellotti
First National Bank of Boston v. Bellotti
(1978) Citizens Against Rent Control v. City of Berkeley
Citizens Against Rent Control v. City of Berkeley
(1981) Brown v. Socialist Workers '74 Campaign Committee
Brown v. Socialist Workers '74 Campaign Committee
(1982) Regan v. Taxation with Representation of Washington
Regan v. Taxation with Representation of Washington
(1983) FEC v. Massachusetts Citizens for Life
FEC v. Massachusetts Citizens for Life
(1986) Austin v. Michigan Chamber of Commerce
Austin v. Michigan Chamber of Commerce
(1990) McIntyre v. Ohio Elections Commission
McIntyre v. Ohio Elections Commission
(1995) Colorado Republican Federal Campaign Committee v. FEC
Colorado Republican Federal Campaign Committee v. FEC
(1996) Nixon v. Shrink Missouri Government PAC
Nixon v. Shrink Missouri Government PAC
(2000) Republican Party of Minnesota v. White
Republican Party of Minnesota v. White
(2002) McConnell v. FEC (2003) Randall v. Sorrell
Randall v. Sorrell
(2006) FEC v. Wisconsin Right to Life, Inc. (2007) Davis v. FEC (2008) Citizens United v. FEC (2010) McComish v. Bennett (2011) American Tradition Partnership v. Bullock (2012) McCutcheon v. Federal Election Commission
McCutcheon v. Federal Election Commission
(2014) Williams-Yulee v. The Florida Bar
Williams-Yulee v. The Florida Bar
(2015)

Freedom of the press

Prior restraints and censorship

Near v. Minnesota
Near v. Minnesota
(1931) Lovell v. City of Griffin
Lovell v. City of Griffin
(1938) Hannegan v. Esquire, Inc.
Hannegan v. Esquire, Inc.
(1946) New York Times Co. v. United States
New York Times Co. v. United States
(1971) Miami Herald Publishing Co. v. Tornillo
Miami Herald Publishing Co. v. Tornillo
(1974) Nebraska Press Ass'n v. Stuart
Nebraska Press Ass'n v. Stuart
(1976) Landmark Communications, Inc. v. Virginia
Landmark Communications, Inc. v. Virginia
(1978) Tory v. Cochran
Tory v. Cochran
(2005)

Privacy

Time, Inc. v. Hill
Time, Inc. v. Hill
(1967) Cox Broadcasting Corp. v. Cohn
Cox Broadcasting Corp. v. Cohn
(1975) Florida Star v. B. J. F.
Florida Star v. B. J. F.
(1989)

Taxation and privileges

Grosjean v. American Press Co.
Grosjean v. American Press Co.
(1936) Branzburg v. Hayes
Branzburg v. Hayes
(1972) Minneapolis Star Tribune Co. v. Commissioner
Minneapolis Star Tribune Co. v. Commissioner
(1983)

Defamation

Beauharnais v. Illinois
Beauharnais v. Illinois
(1952) New York Times Co. v. Sullivan
New York Times Co. v. Sullivan
(1964) Curtis Publishing Co. v. Butts
Curtis Publishing Co. v. Butts
(1967) Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler
Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler
(1970) Gertz v. Robert Welch, Inc.
Gertz v. Robert Welch, Inc.
(1974) Time, Inc. v. Firestone
Time, Inc. v. Firestone
(1976) Bose Corp. v. Consumers Union of United States, Inc.
Bose Corp. v. Consumers Union of United States, Inc.
(1984) Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985) McDonald v. Smith
McDonald v. Smith
(1985) Hustler Magazine v. Falwell
Hustler Magazine v. Falwell
(1988) Harte-Hanks Communications, Inc. v. Connaughton
Harte-Hanks Communications, Inc. v. Connaughton
(1989) Milkovich v. Lorain Journal Co.
Milkovich v. Lorain Journal Co.
(1990) Obsidian Finance Group, LLC v. Cox
Obsidian Finance Group, LLC v. Cox
(9th Cir., 2014)

Broadcast media

Red Lion Broadcasting Co. v. FCC
Red Lion Broadcasting Co. v. FCC
(1969) FCC v. Pacifica Foundation
FCC v. Pacifica Foundation
(1978) Turner Broadcasting System, Inc. v. FCC
Turner Broadcasting System, Inc. v. FCC
(1994) Bartnicki v. Vopper
Bartnicki v. Vopper
(2001)

Copyrighted materials

Zacchini v. Scripps-Howard Broadcasting Co.
Zacchini v. Scripps-Howard Broadcasting Co.
(1977) Harper & Row v. Nation Enterprises (1985)

Freedom of association

Joint Anti-Fascist Refugee Committee v. McGrath
Joint Anti-Fascist Refugee Committee v. McGrath
(1951) Watkins v. United States
Watkins v. United States
(1957) NAACP v. Alabama
NAACP v. Alabama
(1958) Baggett v. Bullitt
Baggett v. Bullitt
(1964) In re Primus
In re Primus
(1978) Roberts v. United States Jaycees
Roberts v. United States Jaycees
(1984) Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston (1995) Boy Scouts of America v.

.