Schenck v. United States (1919)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Charles Schenck was convicted under the Espionage Act for distributing leaflets urging resistance to the military draft during World War I. The Supreme Court upheld his conviction, ruling that free speech could be restricted if it posed a “clear and present danger” to significant government interests, such as wartime recruitment.

Gitlow v. New York (1925)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Benjamin Gitlow, a socialist, was convicted under New York’s criminal anarchy law for publishing a manifesto advocating revolutionary socialism. The Supreme Court upheld his conviction but, for the first time, held that the First Amendment’s free speech protections apply to the states through the Due Process Clause of the 14th Amendment.

Near v. Minnesota (1931)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Jay Near published a scandal sheet accusing local officials of corruption. Minnesota tried to shut down his paper under a “public nuisance” law. The Supreme Court struck down the law, ruling that it imposed unconstitutional prior restraint on the press.

3) Why It Mattered
This was the first major case protecting freedom of the press from state censorship. It established that government generally cannot stop publications before they’re printed.

Engel v. Vitale (1962)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
The New York Board of Regents authorized a short, voluntary prayer to be recited in public schools. Parents challenged it, and the Supreme Court ruled that state-sponsored prayer in public schools violated the Establishment Clause of the First Amendment.

3) Why It Mattered
This was the first case to clearly ban official school prayer. It reinforced the separation of church and state in the public education system.

Tinker v. Des Moines (1969)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
A group of students in Des Moines, Iowa, wore black armbands to school to protest the Vietnam War. School officials suspended them. The Supreme Court ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The suspensions violated the First Amendment.

Wisconsin v. Yoder (1972)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Wisconsin required children to attend school until age 16. Amish parents objected, arguing that sending their children to high school conflicted with their religious beliefs. The Supreme Court ruled in their favor, holding that the First Amendment’s Free Exercise Clause, combined with parental rights, allowed Amish parents to withdraw their children after the 8th grade.

Texas v. Johnson (1989)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Gregory Lee Johnson burned an American flag during a political protest at the 1984 Republican National Convention in Dallas. He was convicted under a Texas law banning flag desecration. The Supreme Court struck down the law, ruling that flag burning is protected symbolic speech under the First Amendment.

3) Why It Mattered
This was a landmark affirmation of free speech, holding that the government cannot prohibit expression simply because it is offensive or unpopular.

Citizens United v. Federal Election Commission (2010)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Citizens United, a nonprofit, produced a film critical of Hillary Clinton during the 2008 Democratic primaries. The Bipartisan Campaign Reform Act (BCRA) restricted such electioneering communications by corporations and unions. The Supreme Court ruled 5–4 that these restrictions violated the First Amendment, holding that corporations and unions have the same free speech rights as individuals in the context of political spending.

303 Creative LLC v. Elenis (2023)

1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)

2) Summary of the Opinion
Lorie Smith, owner of 303 Creative, a web design company, wanted to expand into wedding websites but objected to creating designs for same-sex marriages, citing religious beliefs. Colorado’s anti-discrimination law prohibited businesses from denying services based on sexual orientation. The Supreme Court ruled 6–3 that forcing Smith to create such websites would violate the First Amendment’s Free Speech Clause by compelling her to express a message she disagreed with.