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Military

  • Brown v. Glines (1980)

Brown v. Glines (1980) said military service members have the right to
petition Congress may not circulate petitions without approval from a base
commander.

  • Clapper v. Amnesty International (2013)

Clapper v. Amnesty International (2013) rejected a First Amendment
challenge to FISA. The petitioners claimed a wiretap provision had a
chilling effect on speech.

  • Ex parte Vallandigham (1863)

In Ex parte Vallandigham (1863), the Court said it had no jurisdiction to
hear appeals from a military tribunal in a First Amendment case during the
Civil War.

  • Flower v. United States (1972)

Flower v. United States (1972) used the First Amendment to overturn the
conviction of a man for distributing leaflets at a military base after
officials had barred him.

  • Freedman v. Maryland (1965)

Freedman v. Maryland (1965) ruled that prior restraint under a state film
censorship statute unduly restricted the First Amendment rights of film
exhibitors.

  • General Media Communications v. Cohen (2d Cir.) (1997)

In General Media Communications v. Cohen, the Second Circuit court upheld a
law prohibiting the sale of explicit material on military bases.

  • Goldman v. Weinberger (1986)

In Goldman v. Weinberger, the Court ruled that the U.S. military did not
violate First Amendment rights by prohibiting soldiers from wearing
religious apparel.

  • Greer v. Spock (1976)

Greer v. Spock decided that, despite First Amendment protections, areas on
military bases open to the public were not necessarily open for engagement
in political forums.

  • Laird v. Tatum (1972)

Laird v. Tatum (1972) upheld an Army surveillance program on U.S. citizens
despite arguments that the surveillance had a chilling effect on their
First Amendment rights.

  • Mutual Film Corp. v. Industrial Commission of Ohio (1915)

Mutual Film Corp. v. Industrial Commission of Ohio (1915), which has been
modified since, severely restricted the application of First Amendment
freedoms to the medium of movies.

  • Parker v. Levy (1974)

Parker v. Levy (1974) established for the first time the limits of free
political expression usually protected under the First Amendment for those
serving in the armed forces.

  • Schacht v. United States (1970)

Schacht v. United States (1970) said prohibiting the wearing of an armed
forces uniform in theatrical productions that discredited the military
violated the First Amendment.

  • Secretary of the Navy v. Avrech (1974)

Secretary of the Navy v. Avrech (1974) said the military law under which a
former serviceman was convicted had already withstood a First Amendment
challenge.

  • Secretary of the Navy v. Huff (1980)

Secretary of the Navy v. Huff (1980) was decided in conjunction with
another case that said limiting the right of the military to petition does
not violate the First Amendment.

  • United States v. Albertini (1985)

United States v. Albertini (1985) upheld a conviction for entering an air
force base despite being barred. The court said barring reentry did not
violate the First Amendment

  • United States v. Apel (2014)

The Supreme Court in United States v. Apel (2014) ruled that the government
did not forfeit rights to guard its military bases because of a road
easement. An anti-war protestor had argued he was not trespassing when he
protested on a public road that traversed Vandenberg Air Force Base in
California.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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