CaseBook IX: Public Forum Doctrine
Schneider v. State
(Supreme, 1939. Ordinances invalidated 8-1.)
Facts Ordinances prohibiting people from
distributing leaflets in any street or way.
Municipal authorities, as trustees for the public,
have the duty to kee
Terminiello v. Chicago
(Supreme, 1949. Protected 5-4.)
Facts Appellant gives speech and goads crowd, calling them slimy
scum, as they throw stink bombs and break windows.
Violations Chicago breach of peace ordinance and
Pre-Court Hicklin Test: whether the tendency of the matter is to deprave and corrupt those
whose minds are open to such immoral influences. (Regina v. Hicklin, English case) Rejected
by Federal courts in early 1930s for effect on the
Beauharnais v. Illinois
(Supreme, 1952. Convicted 5-4.)
Facts Appellant distributes petitions calling on mayor to end Negro
encroachment on white people. Says they aggress, rob, kill, etc.
Violations Illinois statute against distribut
New York Times v. Sullivan
(Supreme, 1964. Unanimously protected.)
Facts Ad in Times asking for donations to Civil Rights causes
claims that police rang college campus, padlocked dining hall,
and intimidated, arrested, and tried to kill
Schaffer v. United States
Facts Convicted of mailing book that patriotism is a delusion
placed by Satan
Issues/Violations: Speech that causes unlawful conduct
Espionage Act of 1917
disapproval of war and
CaseBook VIII: Symbolic Speech
United States v. OBrien
(Supreme, 1968. Prosecuted 7-1.)
Facts OBrien deliberately burns his draft cards in front of courthouse
We cannot accept the view that an apparently limitless variety of conduct can be labeled
Cohen v. California
(Supreme, 1971. Protected 5-4)
Facts: Defendant wears Fuck the Draft shirt in front of women
and children in courthouse. Doesnt engage.
Violations: California Penal Code 415
We are often captives outsi
CaseBook X: Prior Restraint
New York Times Co. v. United States; United States v.
(Supreme, 1971. 6-3)
Facts Daniel Ellsberg, a former Pentagon official, reveals Pentagon
Papers, detailing secret military operations, diplomatic negotiation
Casebook XI: Freedom of the Press
Branzburg v. Hayes
(Supreme, 1972. 5-4 denied.)
Facts Branzburg publishes several articles on unlawful drug
activities in Kentucky. Refuses to disclose people whose
activities he described.
the source so identified and ot
Cox Broadcasting Corp. v. Cohn
(Supreme, 1975. Protected 8-1.)
Facts Name of raped and murdered daughter broadcast.
Was already available in public records of indictments.
Violations Ga. Code Sec.36-9901, which makes it a