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Landmark Supreme Court Cases

The battles that shaped American liberty and justice for all.

Brandenburg v. Ohio

1969speech

Established the 'imminent lawless action' test for speech that incites illegal conduct. The government cannot punish inflammatory speech unless it is 'directed to inciting or producing imminent lawless action and is likely to incite or produce such action.'

Significance: Landmark case defining limits of free speech protection.

Read Full Case

New York Times Co. v. Sullivan

1964press

Established the 'actual malice' standard for libel suits by public officials. A public figure must prove that false statements were made with knowledge of falsity or reckless disregard for the truth.

Significance: Strengthened press freedom in reporting on public officials.

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Tinker v. Des Moines

1969speech

Students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.' Schools cannot suppress student speech unless it substantially disrupts school operations.

Significance: Protected student political speech in public schools.

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Engel v. Vitale

1962religion

School-sponsored prayer in public schools violates the Establishment Clause, even if the prayer is non-denominational and students can opt out.

Significance: Barred official prayer in public schools.

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Texas v. Johnson

1989speech

Flag burning constitutes protected symbolic speech under the First Amendment. The government cannot prohibit expression of an idea simply because society finds it disagreeable or offensive.

Significance: Protected symbolic political protest.

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Citizens United v. FEC

2010speech

The First Amendment prohibits the government from restricting political independent expenditures by corporations, associations, or labor unions.

Significance: Expanded corporate political speech rights.

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Snyder v. Phelps

2011speech

Speech on public issues on public property cannot be the basis for tort liability, even when it is offensive and causes emotional distress.

Significance: Protected controversial public protest speech.

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Near v. Minnesota

1931press

Prior restraint on publication is unconstitutional except in exceptional circumstances. The government cannot prevent publication of material, only punish after the fact.

Significance: Established strong protection against prior restraint.

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NAACP v. Alabama

1958assembly

Freedom of association is protected by the First Amendment. States cannot compel organizations to reveal membership lists when doing so would chill constitutional rights.

Significance: Protected freedom of association.

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West Virginia v. Barnette

1943speech

The government cannot compel individuals to salute the flag or recite the Pledge of Allegiance. Compelled speech violates the First Amendment.

Significance: Protected right to not speak.

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Lemon v. Kurtzman

1971religion

Established the 'Lemon test' for Establishment Clause cases: government action must have secular purpose, primary effect neither advancing nor inhibiting religion, and no excessive entanglement.

Significance: Created framework for analyzing church-state separation.

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DeJonge v. Oregon

1937assembly

The right of peaceable assembly is equally fundamental to free speech and press. Peaceful assembly for lawful discussion cannot be made a crime.

Significance: Applied assembly rights to states via 14th Amendment.

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