• Pat Tornillo= candidate for the FL H.O.R.
• Miami Herald ran a feature on Tornillo criticizing him
• Tornillo demanded an opportunity to respond based on a FL statute that required a newspaper to publish free replies by political candidates who had been criticized by the paper.
• newspaper refused
• Trial court held the statute unconstitutional
• FL Supreme Court REVERSED, holding that free speech was enhanced, not abridged, by the Right-of-Reply statute
• U.S. Supreme Court unanimously decided the case, striking down the statute as unconstitutional and a violation of the newspaper's First Amendment rights
• the newspaper owns the First Amendment

Red Lion Broadcasting

v.

FCC

• Cook, writer, wanted to respond to being bashed by filing a complaint with the FCC
• Red Lion was forced to give Cook time to respond and air it for free because the Electromagnetic Spectrum is a scarce resource, so fairness must be ensured.
• the public owns the First Amendment 

• Cohen wore a shirt that said "Fuck the Draft" in a public place
• deals with solely speech, not conduct
• "no individual actually or likely to be present could reasonably have regarded the words "Fuck the Draft" as a direct personal insult.
• Supreme Court reversed, holding the conviction against Cohen unconstitutional.
• cites: Chaplinsky v. New Hampshire and Tinker v. Des Moines

• O'brien burned his military draft registration certificate in the presence of a large crowd in Boston.
• not convicted for his message of protest, but purely because of the conduct of burning the certificate that frustrated the govt.'s organizational efforts- SUBSTANTIAL GOVT. INTEREST
• court upheld conviction

Hazelwood School District

v.

Kuhlmeier

• the court significantly narrowed application of the public forum theory on campus
• court upheld censorship by a h.s. principal on articles about divorce and teenage pregnancy.
• the school paper was characterized as a laboratory paper, not a public forum, because the paper was solely the product of a regular journalism class and it was taught by a faculty member who selected the editors and assigned/edited the stories.

• Kentucky State Univ.- 2 student writers sued campus officials for confiscating and refusing to distribute the yearbook
• campus officials were displeased with the theme because many photos were unrelated to campus and lacked captions
• Court of Appeals, 6th Circuit- reversed, holding the publication as a public forum b/c it was designed for use by student writers/photographers and had minimal oversight.
• ordered a summary judgment in favor of the students

• Schenk convicted under Espionage Act for sending to drafted men, pamphlets that urges insubordination in the armed services and obstruction of the draft.
• Supreme Court upheld conviction and legally declared that the got. can limit speech if it provokes a "clear-and-present danger."

• a KKK leader was filmed giving a speech at a rally
• he was convicted under a statute for advocating "crime, sabotage, violence or unlawful methods of terrorism as a means of accomplishing industrial or political reform"
• Supreme Court held the conviction and statute unconstitutional and further extended the scope of the First Amendment
• NOT the standard for all First Amendment cases

Pentagon Papers Case

New York Times v. United States

• consultant with the Pentagon leaked secret manuscripts of classified history of Vietnam to N.Y. Times and Washington Post
• first time the govt. had sought a federal court order to prevent publication
• Supreme Court said that the govt. "carries a heavy burden of showing justification for prior restraints" and that it did not meet the burden in this case and the papers were free to publish.

The H-Bomb Case

United States v. Progressive, Inc.

• freelancer for Progressive magazine wrote an article describing in detail the design and operation of a hydrogen bomb.
• govt. decided some parts should not be published
• District Court issued a preliminary injunction b/c some of the information must be classified as "restricted data" under the Atomic Energy Act, a specific federal statute and because it was a threat to national security.