Amendment 1

constitution

Amendment 1

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.

Important Case Law

Tinker v. Des Moines Independent Community School District, 1969

The Court ruled that students wearing black armbands to protest the Vietnam War was “pure speech,” or symbolic speech protected by the First Amendment.

Hazelwood School District v. Kuhlmeier, 1988

” . . . educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.” —Justice White, speaking for the majority

Schenck v. United States, 1919

Freedom of speech can be limited during wartime. The government can restrict expressions that “would create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”

Additional Important Cases