Legal Precedent
First Amendment Cases
The landmark cases that define free speech law — from the foundational to the cutting-edge.
New York Times Co. v. Sullivan
376 U.S. 254 (1964)
Can a public official sue for defamation based on false statements about their official conduct without proving the speaker knew the statements were false?
Brandenburg v. Ohio
395 U.S. 444 (1969)
Can the government criminalize advocacy of violence or illegal action?
Texas v. Johnson
491 U.S. 397 (1989)
Is burning the American flag a form of symbolic speech protected by the First Amendment?
Snyder v. Phelps
562 U.S. 443 (2011)
Can a private individual recover damages for the emotional distress caused by offensive protest at a family member's military funeral?
Matal v. Tam
582 U.S. 218 (2017)
Does the First Amendment prohibit the government from denying trademark registration for terms that may be disparaging to ethnic groups?
Tinker v. Des Moines Independent Community School District
393 U.S. 503 (1969)
Do public school students retain First Amendment rights to political expression at school?
Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston
515 U.S. 557 (1995)
Can a state civil rights law require parade organizers to include marchers whose message they wish to exclude?
R.A.V. v. City of St. Paul
505 U.S. 377 (1992)
Can a city ban only the most harmful subset of 'fighting words' when that subset is defined by the viewpoint expressed?
New York Times Co. v. United States
403 U.S. 713 (1971)
Can the government obtain an injunction preventing newspapers from publishing classified national security information?
Citizens United v. Federal Election Commission
558 U.S. 310 (2010)
Can the government restrict corporations from spending money on political speech?
Hustler Magazine, Inc. v. Falwell
485 U.S. 46 (1988)
Can a public figure recover damages for intentional infliction of emotional distress caused by an offensive parody?
Mahanoy Area School District v. B.L.
594 U.S. 180 (2021)
Can public schools discipline students for off-campus speech on social media?
Moody v. NetChoice, LLC
603 U.S. ___ (2024)
Can states require social media platforms to carry content they would otherwise remove?
303 Creative LLC v. Elenis
600 U.S. 570 (2023)
Can a state require a web designer to create wedding websites for same-sex couples if she would decline for religious reasons?
Counterman v. Colorado
600 U.S. 66 (2023)
What mental state must a speaker have for their speech to constitute an unprotected 'true threat'?
Packingham v. North Carolina
582 U.S. 98 (2017)
Can a state bar registered sex offenders from accessing social media platforms?
NIFLA v. Becerra
585 U.S. 755 (2018)
Can a state require crisis pregnancy centers to post information about state-provided abortions?
United States v. Alvarez
567 U.S. 709 (2012)
Can the government criminalize false statements that do not constitute fraud, defamation, or other traditionally unprotected speech?
Reno v. ACLU
521 U.S. 844 (1997)
Can Congress restrict indecent speech on the internet to protect children?