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