Title: First Amendment Right Violations - Baldani Law Group
Headings: First Amendment Right Violations
First Amendment Right Violations
Examples of First Amendment Violations
Tinker v. Des Moines Independent Community School District, 1969
Cantwell v. Connecticut, 1940
Edwards v. South Carolina, 1963
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Content: The three decided to wear the armbands anyway and all three students were suspended for refusing to remove them. They then sued the school district for violating their First Amendment rights. In the end, the Supreme Court sided with the students. They said that non-disruptive, passive, symbolic speech cannot be censored just because it makes others uncomfortable. The Court ruled that free expression of public school students can only be restricted if it threatens a material and substantial disruption of the educational process, or invades the rights of others. Cantwell v. Connecticut, 1940
In this case, the Court was asked to decide if a Connecticut state statute violated the First Amendment because it required a permit to be obtained in order to solicit for religious purposes. The Supreme Court rules unanimously against the state. The reasoning behind the decision was that the state would effectively be determining religious truth by deciding which causes were religious and which were not as they issued or denied permits. This was deemed to be a violation of both the First and Fourteenth Amendments. This case is also particularly important because it is the first time the Supreme Court applied the Free Exercise Clause of the First Amendment to state government as well as federal.