AP Government Review Cases
• McConnell v. Federal Election Commission o Court said that ads that only mentioned but did not “expressly advocate” a candidate were ways of influencing the election o Upholds 2002 campaign finance reform law
• Schenck v. United States (1919) o Speech may be punished if it creates a clear-and-present-danger test of illegal acts o Anti-draft pamflats were handed out o “clear and present danger”
• Chaplinksy v. New Hampshire (1942) o “Fighting words” are not protected by the First Amendment
• New York Times v. Sullivan (1964) o To libel a public figure, there must be “actual malice”
• Tinker v. Des Moines (1969) o Public school students may wear armbands to class protesting against America’s war in Vietnam when such display does not disrupt classed o Freedom of expression v. right to hold discipline in school o Tinker was allowed to wear arm bands
• Miller v. California (1973) o Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value o Obscenity is not protected by the first amendment o Obscenity: “Miller Test”
• Does it meet community standards
• Does it depict sexual conduct in an offensive way
• Does it have serious literary, artistic, or political value
• Texas v. Johnson (1989) o There may not be a law to ban flag-burning o Symbolic speech case o Johnson violated Texas state law and there was an injured party (standing) o Breach of Peace- brandenburg decision o “ if there is a bedrock principle underlying the 1st amendment, it is that the government may not prohibit the expression of an idea because society finds the idea…offensive or disagreeable” o Passed a federal law
• Was still unconstitutional
• Reno v. ACLU (1997) o A law that bans sending “indecent” material to minors over the Internet is unconstitutional because “indecent” is too vague and broad a term
• FEC v. Wisconsin Right to Life (2007) o Prohibits campaign finance reform law from banning political advocacy
• Bethel School District v. Fraser o Student’s obscene free speech was protected
• Brandenburg v. Ohio (1969) o KKK leader makes a threat to police when breaking up a march o Argued that it was not clear and present danger o 8-0 “per curiam”- “no name decision” o Speech can be prohibited if it is “directed at inciting or producing imminent lawless action” and it is “likely to incite or produce such an action”
• Dennis vs. US (1951) o Denise was charged with violating the Smith Act
• Smith Act made it unlawful to knowingly conspire to teach and advocate the overthrow or destruction of the United States government o Schanek test o Supreme Court upheld the convictions o Hugo Black wrote
• “The Preferred Position”
• Gideon v. Wainwright o Right to an attorney
• Powell v. Alabama o Right to counsel original case o Due Process rights violated
• Trial not fair, impartial, deliberate
• Denied right to counsel
• African Americans excluded from Jury
• Betts v. Brady o Court ruled that Betts did not have a right to counsel because he did not commit a capital crime o Hugo Black wrote a dissent

1. Gitlow vs. New York 1925
a. Supreme Court extended protections of the Bill of Rights to protect us from state actions
b. Court upheld Gitlow’s conviction on the basis that the government may suppress or punish speech that directly advocates the unlawful overthrow of the government
c. Was the Taft Court
d. Used the “Duel Process Clause”
2. Schenck vs. the United States
a. Clear and Present Danger Doctrine
b. Supreme Court upheld the decision that the Espionage Act of 1917 and concluded that a defendant did not have a 1st Amendment right to express freedom of speech against the draft
c. Defendant’s criticism of the draft was not protected by the First Amendment, because it created a “clear and present” danger to the enlistment and recruits of the army
3. Heart of Atlanta Motel vs.