The Law Dictionary for Everyone
Following is the case brief for Pickering v. Board of Education, 391 U.S. 563 (1968) Case Summary of Pickering v. Board of Education: The Board of Education fired a teacher for a letter he wrote that was published in the local newspaper. The teacher sued, claiming that his letter was protected by the First Amendment. The Board countered that his […]
Read moreFollowing is the case brief for Chaplinsky v. New Hampshire, Supreme Court of the United States, (1942) Case summary for Chaplinsky v. New Hampshire: Chaplinsky was convicted under s New Hampshire statute for speaking words which prohibited offensive, derisive and annoying words to a person lawfully on a street corner. He later challenged his conviction, claiming the statute violated his […]
Read moreFollowing is the case brief for Cohen v. California, United States Supreme Court, (1971) Case summary for Cohen v. California: Robert Cohen was convicted under a state statute, for wearing a shirt which read “fuck the draft.” Cohen challenged his conviction, claiming that the statute violated his First Amendment rights. The lower courts found for the state, holding that Cohen’s […]
Read moreFollowing is the case brief for Schenck v. United States, United States Supreme Court, (1919) Case summary for Schenck v. United States: Schenck mailed out circulars criticizing draft supporters and informing draftees of their rights to oppose. In response, Schenck was indicted for violating the Espionage Act (the Act) which made it a crime to interfere with military success or […]
Read moreThe term symbolic speech refers to an action that expresses an idea or opinion without using words alone. The law recognizes that verbal words are not the only way for people to express themselves, and so other methods of expression are protected by the Free Speech Clause of the Constitution. These may include such acts as the wearing of certain […]
Read moreAnarchy is commonly associated with a philosophy of social freedom, through a state of chaos and an absence of social structure. The ideology of anarchism holds a fundamental belief that governmental authority is oppressive, and should be eliminated, allowing people to engage in social cooperation voluntarily. This philosophy is based on the premise that man is the best judge of […]
Read moreThe term prior restraint refers to a governmental restriction on speech or other expression before it can take place. This is seen by many as a blatant violation of the First Amendment rights enjoyed by all Americans, but is sometimes used by courts concerned about the effect publicity might have on a person’s right to a fair trial. Prior restraint […]
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