Speech on Public Property Cases
Bachellar v. Maryland (1970) dealt with the First Amendment and protestors
who may have been convicted simply for their views against the Vietnam War.
In Cox v. Louisiana, the Supreme Court overturned a state law used to
arrest civil rights marchers saying the law infringed upon freedoms of
assembly and speech.
Davis v. Massachusetts (1897) dismissed a First Amendment claim and gave
municipalities unlimited authority over open-air speech in a case involving
unlicensed preaching.
Edwards v. South Carolina (1963) said South Carolina violated students’
First Amendment rights when the police dispersed a peaceful protest against
segregation.
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.
Forsyth County v. Nationalist Movement (1992) said an ordinance violated
the First Amendment by letting officials vary protest permit costs based on
the cost of police protection.
Fowler v. Rhode Island (1953) said preventing a Jehovah’s Witness from
holding a religious service in a public park, but allowing other worship,
violated the First Amendment.
In Gregory v. City of Chicago, the Court upheld the First Amendment rights
of peaceful protestors over police attempting to quell anticipated civil
disorder.
Hague v. Committee for Industrial Organization (1939) dealt with the
freedom of assembly and set the precedent for the public forum doctrine in
First Amendment cases.
Heffron v. International Society for Krishna Consciousness (1981) upheld a
content neutral regulation on religious practices against a First Amendment
challenge.
Although it is common to associate worship with churches, religious experiences often spill out of such establishments into the public square. Revival meetings that led to the Great Awakenings and that stirred revivals on the American frontier were often raucous affairs, the latter often held out of doors, and sometimes featuring simultaneous speakers. Even today,
In Jamison v. Texas, the Court, on First Amendment grounds, overturned the
conviction of a Jehovah’s Witness who distributed handbills on the streets.
Kunz v. New York (1951) overturned a city ordinance which refused to renew
a street preaching permit. The Court struck down the law as a prior
restraint of First Amendment rights.
In Lee v. International Society for Krishna Consciousness (1991), the
Supreme Court said the First Amendment prohibited a ban on leafleting in an
airport.
Lehman v. City of Shaker Heights (1974) said that prohibiting political
advertisements on public transportation does not violate a candidate’s
First Amendment rights.
In Marsh v. Alabama (1946) the Court held that a person distributing
religious literature on the sidewalk of a “company town” was protected by
the First Amendment rights.
Niemotko v. Maryland (1951) found that a conviction for holding a Bible
study in a park without a permit was a denial of the First Amendment right
to exercise free speech.
O’Connor v. Washburn University (10th Cir. 2005) affirmed a district court
decision denying damages to those who alleged that a religious sculpture
violated the First Amendment.
Perry Education Association v. Perry Local Educators’ Association (1983)
used the public forum doctrine to define First Amendment rights granted on
government-owned property.
Poulos v. New Hampshire (1953) found a state ordinance that banned holding
religious services in public parks without a permit did not violate the
First Amendment.
Schneider v. State (1939) invalidated several city ordinances that
restricted the distribution of handbills, ruling that the laws infringed on
the First Amendment.
Shuttlesworth v. Birmingham (1969) ruled that the conviction of the Rev.
Fred Shuttlesworth for leading a protest march without a permit violated
the First Amendment.
Southeastern Promotions v. Conrad (1975) said a city’s denial of theater
space for a performance of the controversial musical Hair violated the
First Amendment.
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.
In 1983, the Supreme Court ruled that a federal law that prohibited
picketing outside the U.S. Supreme Court building was improperly applied to
the sidewalks in violation of the First Amendment’s protection of free
speech. In United States v. Grace, the Court said sidewalks are traditional
public forums.
In 1990, the Supreme Court upheld a federal regulation that prohibited
solicitation on post office property, including the sidewalks outside. In
United States v. Kokinda, the Court in a 5-4 decision narrowly sided with
the government in the face of a First Amendment challenge.
Virginia v. Hicks (2003) held that a trespassing policy of a public housing
development was not facially invalid under the First Amendment’s
overbreadth doctrine.
Wood v. Moss (2014)said Secret Service agents who removed protestors were
entitled to qualified immunity after the protestors claimed their First
Amendment rights were violated.