The First Amendment is part of the Bill of Rights, the first ten amendments to the Constitution that help protect the rights of citizens and the states. There have been many Supreme Court cases interpreting the degree of freedom and protection afforded to people balanced against the interests of the government.
Amendment I"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."Schenck v. United States, (1919), was the first real challenge to laws impinging on First Amendment guarantees. Charles Schenck, a member of the Communist party, was prosecuted for violating the Espionage Act of 1917. Schenck mailed pamphlets to young men urging them to resist WW I recruitment efforts, which the Court held interfered with the United States' ability to build its military. Justice Oliver Wendell Holmes, Jr., who wrote the opinion in Schenck, instituted the "clear and present danger" doctrine that created the first legitimized exception to this constitutional freedom.
Examples of Other First Amendment cases
Establishment clause: (cannot teach religion in public schools): Everson v. Board of Education, 330 US 1 (1947)
Free exercise of religion: Cantwell v. Connecticut, 310 US 296 (1940)
Freedom of speech: Gitlow v. New York, 268 US 652 (1925)
Freedom of the press: Near v. Minnesota, 283 US 697 (1931)
Freedom of assembly: DeJonge v. Oregon, 299 US 353 (1937)
Expressive association (implied right): NAACP v. Alabama, 357 US 449 (1958)
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The Supreme Court is the highest appellate court in the United States. It does not try cases, in the standard sense of the word, but only reviews lower court decisions. Usually, cases heard by the Supreme Court involve issues of Constitutional law or federal legislation.
Yes. That is usually what they do.
Civil cases have no jail/prison time attached to them. The decisions usually involve money amounts as punitive damages.
There are many decisions that humans are faced with on a daily basis. There are some that are personal decisions whereas there are others that are professional decisions. It is usually advised to consult widely before making certain decisions.
That's correct. Congress can't reverse a US Supreme Court ruling, but they can rewrite an overturned law or can initiate a new constitutional amendment (must be ratified by 75% of the states) to override the decision. They usually choose to rewrite the law, because it is extremely difficult to amend the Constitution. For more information, see Related Questions, below.
The "bloodless revolution" usually refers to the Progressive Era of politics in the 1930's and 40's, crowned by the 17th Amendment.
Cases the US Supreme Court reviews under its appellate jurisdiction usually involve unresolved or unclear constitutional matters that may have resulted in a Circuit split (different decisions on substantially the same question by two different US Court of Appeals Circuit Courts) or a decision from any lower appellate court that is in opposition to the Supreme Court's constitutional interpretation or to established precedents.
Informal Amendment ProcessThe term "Informal Amendment Process" refers to changes in the interpretation or application of the Constitution by expanding constitutional rights (such as voting) to include groups that were previously excluded. These changes often occur as the result of judicial decisions, usually by the US Supreme Court or by Congressional legislation not struck down as unconstitutional. It is important to note that the "Informal Amendment Process" doesn't actually change the Constitution, just its interpretation, which is in a constant state of flux due to evolving (or devolving) sociopolitical conditions.
The opinions and decisions made by the US Supreme Court define federal law. There is no higher court and no further appeal. All local, state and federal courts are essentially bound by the decisions of the USSC. If the USSC decision is not unanimous, the majority opinion is the binding decision.
The types of cases the Supreme Court sees involve constitutional issues or federal laws. The Supreme Court gets approximately 7,000 requests to hear cases each and every year.
The Supreme Court hears any cases that involve the interpretation of the Constitution.