The ruling came in the case when the U.S. Supreme Court affirmed a conviction against Ferber for showing a movie depicting two young boys masturbating. The butchers argued that these regulations violated the privileges and immunities clause of the Fourteenth Amendment. Supreme Court Justice Anthony M. Kennedy wrote: "First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The court observed that "in light of the special role of the school library as a place where students may freely and voluntarily explore diverse topics, the school board's non-curricular decision to remove a book well after it had been placed in the public school libraries evokes the question whether that action might not be an attempt to 'strangle the free mind at its source.'" 876, 99 L.Ed.2d. McBride, Alex. 733, 21 L.Ed.2d. On appeal, the Court of Appeals for the Seventh Circuit ruled that the school board has the right to establish a curriculum on the basis of its own discretion, but it is forbidden to impose a "pall of orthodoxy." 2997, 41 L.Ed.2d. The failure of the Government to show any findings that would justify a conclusion that there are no constitutionally acceptable less restrictive means to achieve the Government's interest in protecting minors, such as scrambling or the use of access codes, demonstrates that a total ban on such communications goes too far in restricting constitutionally protected speech. 2607, 37 L.Ed.2d. 2799, 73 L.Ed.2d 435 (1982): In 1975, three school board members sought the removal of several books determined objectionable by a politically conservative organization. However, the post-Civil War era, beginning in 1865 wit… 14th was invented afterwards. NAACP won and 1st amendment, Association clause incoporated. And although the outrageous caricature in this case "is at best a distant cousin of political cartoons," the Court could see no standard to distinguish among types of parodies that would not harm public discourse, which would be poorer without such satire. The officers, seeking to tie the books to the suspect directly, served a Drug Enforcement Agency subpoena on the Tattered Cover. Virgil v. School Board of Columbia County, 862 F.2d 1517 (11th Cir. The staff of the Office for Intellectual Freedom is available to answer questions or provide assistance to librarians, trustees, educators and the public about the First Amendment. See also: Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 89 S.Ct. Lost case, incorporated 1st amendment, 1st clause. L.Ed. The court found that Section 505 is not the least restrictive means. 1978), Salvail v. Nashua Board of Education, 469 F. Supp. When the state discovered he had covered up the motto on his license plate, they prosecuted him. Mainstream Loudoun, et al. United States, et al. The case is significant in that the Court affirmed that protecting children from some speech is a compelling state interest. PBS. See also: Evans v. Selma Union High School District of Fresno County, 222 P. 801 (Ca. This page contains summaries of frequently cited First Amendment cases. 1389, 152 L.Ed.2d 403, (2002): The U.S. Supreme Court affirmed the Ninth Circuit's judgment invalidating the Child Pornography Prevention Act of 1996 on the grounds that the act's ban on any depiction of pornographic images of children, including computer-generated images, was overly broad and unconstitutional under the First Amendment. 1996): Tenured professor of English was disciplined for violating the college's sexual harassment policy against creating a "hostile learning environment" for his in-class use of profanity, and discussions of sex, pornography, obscenity, cannibalism, and other controversial topics in a confrontational, devil's advocate style. In its ruling, the Court offered a narrow interpretation of that clause, with significant implications for the future application of First Amendment rights to the states. Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. The Court strongly suggested that supervised student activities that "may fairly be characterized as part of the school curriculum," including school-sponsored publications and theatrical productions, were subject to the authority of educators.

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