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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.
Case Citation:
Schenck v. United States, 249 U.S. 47 (1919)
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)
What else can I help you with?
The Supreme Court is mainly what kind of court?
In most cases, supreme courts are final appellate courts.
Most of the supreme courts cases come?
The Supreme Court of the United States was created in 1789. Most of the cases the court hears come from lower courts. Each year, the Supreme Court receives 7,000 or more requests to hear cases from lower courts.
What type of cases does supreme courts hear?
The Supreme Court hears any cases that involve the interpretation of the Constitution.
What kind of cases are heard in constitutional courts?
Cases where the decision hinges on the application of a constitutional provision are heard in Constitutional Courts. A good example of such cases would include all cases concerning Freedom of Speech as guaranteed in the First Amendment.
Did the US Supreme Court ever hear a case that did not go through the lower courts first?
Yes, the US Supreme Court has the authority to hear cases that bypass the lower courts under certain circumstances, such as cases involving disputes between states. Additionally, the Court may exercise its original jurisdiction to hear cases directly without them going through the lower courts first.
Why don't easy cases reach US Supreme Court?
Easy cases are adjudicated by lower courts. Harder cases are decided by the higher courts.
How are courts of appeals and Supreme Courts classified?
In both the state and federal court systems, courts of appeals and supreme courts are those that have appellate jurisdiction over cases heard in courts of original jurisdiction (trial courts).
What is the importance of Supreme Court cases?
what is the supreme courts ruling in the case Plessy vs ferguson
What are the names of the 3 courts that make up the judicial branch?
There are 3 "levels" of courts that make up the judicial branch. These are: 1. Trial courts 2. Courts of appeal 3. Court of last resort. Another system of levels comprised within the judicial system is district courts, circuit courts, and appellate courts.
How many cases have been solved by the supreme court?
None. It is not the purpose of the courts to solve cases.
Why did congress create the courts of appeal?
the Supreme Court was overwhelmed by cases
Where do the majority of the cases the supreme court hears from?
Federal Appeals Courts
