Tinker v. Des Moines affirmed that students maintain the right to free speech at school

The Supreme Court ruled that burning the American flag is protected speech

In Texas v. Johnson (1989), the court held, 5-4, that flag burning is a form of symbolic political expression protected by the First Amendment—one of the most controversial free-speech rulings in American history.

Snyder v. Phelps found that the First Amendment protects speech, even if it is deeply hurtful or inflammatory

When some members of the Westboro Baptist Church, carrying inflammatory signs, picketed the funeral of a fallen Marine, his father sued but lost. The Supreme Court ruled 8-1 that the protest addressed matters of public concern and was protected by the First Amendment.

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

Mahmoud v. Taylor (2025) broadened parents' rights regarding what their children learn in public schools

The case, brought by parents in Maryland, focused on religious objections to books with same-sex and transgender characters in elementary classrooms. The court ruled that the district's denial of parents' opt-out requests violated the free exercise clause of the First Amendment.

The Supreme Court decided that a public school coach's postgame prayers were protected speech

The Supreme Court ruled 6-3 in favor of a high school football coach who had been suspended for kneeling in prayer at midfield after games. The decision shifted away from the Lemon test and toward a more expansive view of religious freedom in the Establishment Clause.

In 1978, lower courts ruled that neo-Nazis had the right to march through Skokie, Illinois

Skokie was home to a large community of Holocaust survivors, making the planned march an extreme test of First Amendment principles. The courts ultimately ruled that even deeply offensive speech remains protected by the Constitution.

A 1922 Oregon initiative that sought to ban private education inadvertently strengthened parents' ability to pursue options outside the public school system, building the legal case for homeschooling.

Free speech has often been restricted in wartime, potentially unconstitutionally

From the Sedition Act of 1798 to the prosecution of anti-war activists during World War I, the US government repeatedly curtailed speech and dissent during wartime—actions widely criticized and, in some cases, later deemed unconstitutional.

Citizens United extended First Amendment protections to corporate political spending

The Supreme Court's 2010 decision struck down limits on independent political expenditures by corporations and other organizations, ruling that such spending is protected speech—a decision that was deeply contested and reshaped campaign finance law.

The Second Amendment protects the right to keep and bear arms

One of the most debated amendments, the Second Amendment has divided courts, lawmakers, and the public for decades. The Supreme Court held in 2008's District of Columbia v. Heller that it protects an individual right. Legal challenges continue today.

The First Amendment established religious freedom as a constitutional right—a safeguard no other nation had before

Europe had limited religious tolerance for centuries, but always as a privilege granted by rulers who could revoke it. The First Amendment in the United States was unique for the time: It banned the government from interfering with religion, making religious freedom a permanent constitutional limit on state power.

A 1972 Supreme Court decision about Amish children and education helped pave the way for homeschooling in the US.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

The First Amendment protects 5 distinct freedoms

Most Americans cite the amendment on free speech, but the First Amendment also protects religion, the press, peaceful assembly, and the right to petition the government—five separate guarantees in a single sentence.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

1978: Thurgood Marshall, commencement address at the University of Virginia

"Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on."

Employment Division v. Smith (1990) reaffirmed the Reynolds decision that the law applies to everyone, regardless of faith

The Supreme Court ruled that the government does not have to grant religious exemptions from laws that apply to everyone. The case involved Native American church members fired for using peyote in a religious ceremony.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

A Ku Klux Klan leader's conviction for a threatening speech prompted the Supreme Court in 1969 to rule that speech is punishable as incitement only if it is directed at—and likely to produce—imminent lawless action.

The Kent State massacre sparked a nationwide student strike

In 1970, the Ohio National Guard opened fire on Kent State University students—peacefully protesting the Vietnam War—and killed four. The tragedy led to more widespread nationwide protests, shutting down more than 200 colleges and universities. The event led to a Pulitzer Prize-winning photo of a slain and grieving student.

70 years after Brown v. Board, segregation remains in American schools

Despite being ruled unconstitutional in 1954, racial segregation persists: large shares of Black and Hispanic students still attend schools where most classmates are students of color. Recent trends show that segregation has increased across many urban districts since the 1990s.

The Nixon administration tried and failed to stop the press from publishing the Pentagon Papers

In 1971, the Supreme Court ruled against the government's attempt to block The New York Times and The Washington Post from publishing classified documents on the Vietnam War, delivering a landmark victory for press freedom.

Reynolds v. United States (1878) established that religious belief is not a defense for a crime

In the first major Supreme Court case on the free exercise clause, the court ruled that the government cannot regulate religious belief, but it can regulate religious practice if it violates the law. The case arose from a Mormon man convicted of polygamy who argued his faith required it.

In 1976, segregation was outlawed in private schools

Over two decades after Brown v. Board of Education, Runyon v. McCrary banned the segregation academies, forcing them to admit non-white students or shut down.

Nine Black students were arrested in 1961 for refusing to stop reading at a segregated Mississippi library

Public libraries across the South were segregated by law, with Black residents directed to separate, underfunded facilities. When nine Tougaloo College students sat down to read at the whites-only Jackson Municipal Library, they were arrested. Their act helped the NAACP push for the desegregation of public spaces in Jackson.

Americans are historically more supportive of free speech than people in most other countries

A 2016 survey of 38 countries found that the US scored highest in support for free expression, with 71% of Americans saying people should be able to say what they want without government censorship, more than in any other nation surveyed.

Lemon v. Kurtzman (1971) created a 3-part test for church-state entanglement

In this case, the Supreme Court established a three-part test—requiring a secular purpose, no advancement of religion, and avoidance of excessive entanglement—for laws concerning the Establishment Clause. The test was later effectively sidelined in recent rulings.

Kurt Vonnegut's letter to the school board that banned his book

In 1973, a high school English teacher in North Dakota taught Kurt Vonnegut's "Slaughterhouse-Five," the classic time-hopping novel about World War II and the bombing of Dresden. The head of the school board was outraged by what he considered to be obscene material in Vonnegut's novel and ordered all of the students' copies of the book burned. When Vonnegut caught wind of those plans, he wrote this letter to the school board, protesting the decision.

Carlin's 'Seven Words' led to a landmark Supreme Court ruling

The original recording of Carlin's bit aired on a New York radio station in 1973, leading to an FCC complaint. The case went up to the Supreme Court, which ruled that the FCC had the right to penalize broadcasters that aired obscene content during the daytime.

The ACLU was founded in 1920 in direct response to the suppression of speech during World War I

The mass arrest and prosecution of anti-war activists, socialists, and immigrants under the Espionage and Sedition Acts prompted a group of civil libertarians to form the American Civil Liberties Union to defend constitutional rights.

Learn about the long and contested history of free speech in America

This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.

No school has lost federal funding because of a Title IX violation

While the law threatens the suspension of federal funds for schools violating the requirements of the law, it has yet to happen. Instead, the Office for Civil Rights has deemed schools working to correct the issues conditionally compliant.

James Madison's original draft of the First Amendment was far more expansive than what was ratified

Madison's first proposed language guaranteed the right "to speak, to write, or to publish" one's sentiments freely—broader and more explicit than the final text—and described the free press as "one of the great bulwarks of liberty."

Punk band Devo formed after witnessing the Kent State shootings

Band members Jerry Casale and Mark Mothersbaugh were students at the Ohio university when the National Guard shot and killed student protestors. Casale said that the experience led them to pursue the project, which was a satirical critique of mindless consumerism and conformity.

New York Times Co. v. Sullivan transformed libel law and the relationship between the press and public officials

The 1964 case arose when an Alabama official sued The New York Times over a civil rights advertisement he claimed was defamatory. The ruling makes it very difficult for public officials to win libel suits against the press unless they can prove deliberate falsehood.

Youngstown Sheet & Tube Co. v. Sawyer established the framework courts use to evaluate presidential war powers

When Truman seized US steel mills during the Korean War, the Supreme Court ruled that he had overstepped his authority. Justice Jackson's concurring opinion held that presidential power is strongest when Congress authorizes action, uncertain when Congress is silent, and weakest when Congress explicitly refuses authorization.

The words 'separation of church and state' are not found in the Constitution

Responding to Connecticut Baptists concerned about religious liberty, Jefferson described the First Amendment as building "a wall of separation between church and state." The Supreme Court later cited the letter as an authoritative guide to the Establishment Clause.

Title IX was signed into law in 1972

Title IX of the Education Amendments Act, signed into law by President Richard Nixon on June 23, 1972, prohibits sex-based discrimination in federally funded education programs. In its five-plus decades, it's been credited with increasing the number of women enrolled in college and shaping the modern world of women’s sports.

The Supreme Court blocked states from setting term limits for Congress

In US Term Limits v. Thornton (1995), the Supreme Court struck down state laws that tried to impose term limits on their congressional delegations. The court ruled such restrictions unconstitutional unless added through a federal amendment.

In a spring 2026 survey, more Americans said they support a ban on students using cellphones during the entire school day than oppose it.

Plessy v. Ferguson legalized segregation until Brown v. Board of Education overturned it

In 1896, the Supreme Court upheld racial segregation under the "separate but equal" doctrine, enabling decades of discrimination. This explainer traces how Brown later ruled school segregation unconstitutional and reshaped civil rights law.

Native religious practices were suppressed for centuries before receiving federal protection in 1978

During the first two centuries of American history, the government frequently banned Native ceremonial dances, took sacred sites, and enrolled children in boarding schools where they were prevented from practicing their faith. The American Indian Religious Freedom Act of 1978 committed the federal government to safeguarding Native spiritual practices.

Explore important free-speech cases with a First Amendment litigator

Hosted by Ken White, the "Make No Law" podcast explores landmark First Amendment cases—from student speech to defamation—breaking down complex legal battles in an accessible way for lawyers and nonlawyers alike.

'Sesame Street' was once removed from television in Mississippi for being too controversial.

Supreme Court Justice Louis Brandeis once called states 'laboratories of democracy'

Louis Brandeis argued that federalism allows states to experiment with new policies without committing the entire nation, thereby allowing successful ideas to spread while limiting the risks of failure.

After public schools were integrated, segregation found a home in private schools

The 1954 Brown v. Board of Education ruling banned segregation in public schools, but it didn’t eliminate the problem: Many white families moved to “segregation academies,” which were private schools founded to skirt the new law

A 1975 law let tribes run their own programs instead of relying on federal bureaucracies

The Indian Self-Determination and Education Assistance Act allowed tribes to contract directly with the federal government to administer their own health, education, and social services—reversing policies from the "termination era."

Dr. Martin Luther King Jr. publicly denounced the Vietnam War in 1967

In a 1967 speech, Dr. King comprehensively condemned the US war in Vietnam, linking militarism, racism, and poverty—a break that cost him allies and drew backlash from political leaders and major media outlets.

The Sixth Amendment guarantees the right to a speedy trial, an impartial jury, and legal counsel

The amendment guarantees robust protections for those accused of crimes. However, states weren't required to provide attorneys for defendants who couldn't afford one until the Supreme Court's 1963 Gideon v. Wainwright ruling—172 years after ratification.

The Civil Rights Act of 1964 outlawed segregation and discrimination nationwide

The Civil Rights Act, signed into law in 1964, prohibited racial segregation in public accommodations and ended discrimination based on race, color, religion, sex, and national origin in employment, while also strengthening protections in education. It established protections enforced across federally funded programs.