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1801
Congress lets the Sedition Act of 1798 expire, and President Thomas Jefferson pardons all person convicted under the Act. The act had punished those who uttered or published “false, scandalous, and malicious” writings against the government. -
1864
By order of President Lincoln, Gen. John A. Dix, a Union commander, suppresses the New York Journal of Commerce and the New York World and arrests the newspapers’ editors after both papers publish a forged presidential proclamation purporting to order another draft of 400,000 men. Lincoln withdraws the order to arrest the editors and the papers resume publication two days later. -
1918
Congress passes the Sedition Act, which forbids spoken or printed criticism of the U.S. government, the Constitution or the flag. -
1919
In Debs v. U.S., the U.S. Supreme Court upholds the conviction of socialist and presidential candidate Eugene V. Debs under the Espionage Act for making speeches opposing World War I. Justice Holmes claims to apply the “clear and present danger” test; however, he phrases it as requiring that Debs’ words have a “natural tendency and reasonably probable effect” of obstructing recruitment. -
1931
In Near v. Minnesota, the U.S. Supreme Court invalidates a permanent injunction against the publisher of The Saturday Press. The Court rules that the Minnesota statute granting state judges the power to enjoin as a nuisance any “malicious, scandalous and defamatory newspaper, magazine or other periodical” is “the essence of censorship.” The Court concluded that the primary aim of the First Amendment was to prevent prior restraints of the press. -
1937
In DeJonge v. Oregon, the U.S. Supreme Court reverses the conviction of an individual under a state criminal syndicalism law for participation in a Communist party political meeting. The Court writes that “peaceable assembly for lawful discussion cannot be made a crime. The holding of meetings for peaceable political action cannot be proscribed.” -
1942
The US Supreme Court determines “fighting words” aren't protected by the First Amendment. In Chaplinsky v. New Hampshire, the Court defines “fighting words” as “those which by their very utterance inflict injury or tend to incite an immediate breach of peace.” The Court states that such words are “no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest" -
1966
The U.S. Supreme Court invalidates a Massachusetts court decision that found the 1750 book Memoirs of a Woman of Pleasure (commonly known as Fanny Hill) obscene. In Memoirs v. Massachusetts, Justice William Brennan writes that a book cannot be declared obscene unless it is found to be “utterly without redeeming social value.” -
1969
The U.S. Supreme Court rules in Tinker v. Des Moines Independent School District that Iowa public school officials violated the First Amendment rights of several students by suspending them for wearing black armbands to protest U.S. involvement in Vietnam. The Court determines that school officials may not censor student expression unless they can reasonably forecast that the expression will cause a substantial disruption of school activities. -
1969
In Stanley v. Georgia, the U.S. Supreme Court rules that the First and 14th Amendments protect a person’s “private possession of obscene matter” from criminal prosecution. The Court notes that the state, although possessing broad authority to regulate obscene material, cannot punish private possession of such in an individual’s own home. -
1973
The U.S. Supreme Court in Miller v. California defines the test for determining if speech is obscene: (1) whether the “average person applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest; (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (3) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. -
1983
The U.S. Supreme Court rules in Connick v. Myers that the First Amendment rights of a former assistant district attorney were not violated when she was dismissed for distributing a questionnaire criticizing workplace practices. The case, along with the Court’s 1968 Pickering decision, forms the basis of much public-employee First Amendment law.