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Civics Study Guide Court Cases: First Amendment (part 2) Cases: F

-speech
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Schenck vs. U.S. (1919)
South Carolina established "clear and present danger" as far as free speech goes; upheld the Espionage Act
Gitlow vs. New York (1925)
his criminal anarchy conviction upheld BUT applied First Amendment Free Speech gurantees to states
Espionage Act of 1917
federal crime to obstruct the government's war efforts
R.A.V. vs. St Paul (1992)
hate-speech crime laws are too broad and are unconstitutional
Dennis vs. U.S. (1951)
Smith Act of 1940. It is illegal to try to overthrow the government
Yates vs. U.S. (1957)
Court overturned the conviction of convicted communists under the Smith Act making the distinction between discussing theoretically the violent overthrow of the government as opposed to actually working to overthrow the government using violence
Brandenburg vs. Ohio (1969)
KKK leader conviction overturned. Court clarified the distinctions between theoretically talking about overthrowing and actually inciting the violent overthrow of the government
U.S. vs. O'Brian (1968)
draft cards cannot be burned
Texas vs. Johnson (1986) and U.S. vs. Eichman (1990)
it is not unconstitutional to burn the American flag under specific circumstances. Because Gregory Lee Johnson's act of burning the American flag happened at the Republican National Convention, it was protected as symbolic speech