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This page contains summaries of frequently cited First Amendment cases. Arranged by topic, they cover case law issued by a variety of courts: the Supreme Court of the United States, the Court of Appeals of different Federal circuits, the District Court of several Federal districts, as well as the highest court of several states and particular appellate courts of action.
The standard citation is given to indicate where to find the complete text of a decision. For example, Kreimer v. Bureau of Police for Morristown, F. Other conventions may apply, depending on which case reporter is involved. Schenck v. United States, U. It is a question of proximity and degree. During wartime, the defendants mailed to new recruits and enlisted men leaflets that compared military conscription to involuntary servitude and urged them to assert constitutional rights.
Whitney v. California, U. Below--all quotes from Justice Brandeis--are a few reasons why. Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means.
They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government.
Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty.