CJE EXAM (2025) SOLVED & PASSED!!
West Virginia State Board of Education v. Barnette (1942) Answer - BOE
required teachers and students to salute flag. Refusal to salute was considered
insubordination, punishable by expulsion and charges of delinquency. In 6-to-3
decision, Court overruled its decision in Minersville School District v. Gobitis
and held that compelling public schoolchildren to salute the flag was
unconstitutional. The Court found that such a salute was a form of utterance
and was a means of communicating ideas.
New York Times v. Sullivan (1964) Answer - This U.S. Supreme Court case
extended the First Amendment's guarantee of free speech to libel cases
brought by public officials. The Supreme Court sought to encourage public
debate by changing the rules involving libel that had previously been the
province of state law and state courts, and that a public official cannot receive
damages unless statements were made in "actual malice."
LB. Sullivan, the Montgomery city commissioner responsible for supervising the
city police department, filed a libel suit against four African American
clergymen and the New York Times in Alabama state court, alleging an ad
seeking contributions to the civil rights movement libeled him. The judge
instructed the jury that under Alabama law, if the statements were found
libelous, falsity and malice were presumed, and damages could be awarded
without direct proof of financial loss. The jury concluded that the statements
did concern Sullivan and awarded him $500,000 for injuries to his reputation
and profession. The U.S. Supreme Court reversed, holding that the Rule of Law
applied by Alabama violated the First Amendment.
Brandenburg v. Ohio (1968) Answer - Brandenburg, a Ku Klux Klan leader,
made a speech at a Klan rally and was later convicted under an Ohio criminal
syndicalism law. The law made illegal advocating "crime, sabotage, violence, or
,unlawful methods of terrorism as a means of accomplishing industrial or
political reform," as well as assembling "with any society, group, or assemblage
of persons formed to teach or advocate the doctrines of criminal syndicalism."
The Court's opinion held that the Ohio law violated Brandenburg's right to free
speech. The Court used a two-pronged test to evaluate speech acts: (1) speech
can be prohibited if it is "directed at inciting or producing imminent lawless
action" and (2) it is "likely to incite or produce such action." The criminal
syndicalism act made illegal the advocacy and teaching of doctrines while
ignoring whether that advocacy and teaching would actually incite imminent
lawless action. Failure to make this distinction rendered the law overly broad
and in violation of the Constitution.
Tinker v. Des Moines Independent Community School District - 1969 Answer -
The Supreme Court decision declared students' First Amendment rights did not
stop at the school door. They had the right to express their political views, in
this particular case with black arm bands as a protest of the Vietnam War, as
long as the expression did not disrupt class work or disrupt the rights of others.
Bethel School District v. Fraser- (1986) Answer - Matthew Fraser made a
nominating speech at an assembly, lewd and sexual in nature, and he was
disciplined. The Court ruled the school was within its right to prohibit vulgar
language at school. The court declared that vulgar speech is not politically
protected speech.
Hazelwood v. Kuhlmeiern 1988 Answer - this case established standard for
censorship of school newspapers. The Court ruled school officials could
exercise prior restraint if/when a student newspaper was produced as a
"regular classroom activity" rather than a "forum for public expression." That
standard means that most high school papers now are assumed not to have
First Amendment protections, while most college newspapers are. The case
began when the principal pulled two articles from the school newspaper, one
on divorce and one on teen pregnancy.
, Texas v. Johnson (1989) Answer - In 1984, in front of the Dallas City Hall,
Gregory Lee Johnson burned an American flag to protest Reagan administration
policies. Johnson was tried and convicted under a Texas law outlawing flag
desecration. After the Texas Court of Criminal Appeals reversed the conviction,
the case went to the Supreme Court. In a 5-to-4 decision, the Court held that
Johnson's burning of a flag was protected expression under the First
Amendment. The Court found that Johnson's actions fell into the category of
expressive conduct and had a distinctively political nature.
Yeo. v. Town of Lexington (1998) Answer - The U.S. Court of Appeals for the
First Circuit unanimously ruled that student journalists have the right to refuse
ads submitted to their publications. This case demonstrates the importance of
a school publication with public forum status. The case arose when student
yearbook/newspaper editors at Lexington High School in Massachusetts
refused to print an ad submitted by Douglas Yeo in 1992 encouraging sexual
abstinence by students. The student publications had an unwritten policy of
not accepting political or advocacy ads, but did offer Yeo to present his
message in a letter to the editor. Yeo turned that down. Students and school
officials maintained the school's policy and practice had been to allow students
to control the content of their publications.
Dean v. Utica (2004) Answer - This case reflects limits to the Hazelwood
decision. Students were about to publish a story in their student newspaper,
the Arrow, about a lawsuit filed against their school district concerning the ill
effects of diesel fumes from the bus garage. As the paper was to go to press,
school officials told the adviser it could not be published. Editor Katy Dean
contested the censorship. The court concluded the Arrow was a public forum,
and even if the paper was a non-public forum to which the Hazelwood
standard applied, the court ruled that the censorship of the Arrow was
unreasonable.
Morse v. Frederick - (2006) Answer - At a school-supervised event, Joseph
Frederick held up a banner with the message "Bong Hits 4 Jesus." Principal
Deborah Morse took away the banner and suspended Frederick for 10 days.
West Virginia State Board of Education v. Barnette (1942) Answer - BOE
required teachers and students to salute flag. Refusal to salute was considered
insubordination, punishable by expulsion and charges of delinquency. In 6-to-3
decision, Court overruled its decision in Minersville School District v. Gobitis
and held that compelling public schoolchildren to salute the flag was
unconstitutional. The Court found that such a salute was a form of utterance
and was a means of communicating ideas.
New York Times v. Sullivan (1964) Answer - This U.S. Supreme Court case
extended the First Amendment's guarantee of free speech to libel cases
brought by public officials. The Supreme Court sought to encourage public
debate by changing the rules involving libel that had previously been the
province of state law and state courts, and that a public official cannot receive
damages unless statements were made in "actual malice."
LB. Sullivan, the Montgomery city commissioner responsible for supervising the
city police department, filed a libel suit against four African American
clergymen and the New York Times in Alabama state court, alleging an ad
seeking contributions to the civil rights movement libeled him. The judge
instructed the jury that under Alabama law, if the statements were found
libelous, falsity and malice were presumed, and damages could be awarded
without direct proof of financial loss. The jury concluded that the statements
did concern Sullivan and awarded him $500,000 for injuries to his reputation
and profession. The U.S. Supreme Court reversed, holding that the Rule of Law
applied by Alabama violated the First Amendment.
Brandenburg v. Ohio (1968) Answer - Brandenburg, a Ku Klux Klan leader,
made a speech at a Klan rally and was later convicted under an Ohio criminal
syndicalism law. The law made illegal advocating "crime, sabotage, violence, or
,unlawful methods of terrorism as a means of accomplishing industrial or
political reform," as well as assembling "with any society, group, or assemblage
of persons formed to teach or advocate the doctrines of criminal syndicalism."
The Court's opinion held that the Ohio law violated Brandenburg's right to free
speech. The Court used a two-pronged test to evaluate speech acts: (1) speech
can be prohibited if it is "directed at inciting or producing imminent lawless
action" and (2) it is "likely to incite or produce such action." The criminal
syndicalism act made illegal the advocacy and teaching of doctrines while
ignoring whether that advocacy and teaching would actually incite imminent
lawless action. Failure to make this distinction rendered the law overly broad
and in violation of the Constitution.
Tinker v. Des Moines Independent Community School District - 1969 Answer -
The Supreme Court decision declared students' First Amendment rights did not
stop at the school door. They had the right to express their political views, in
this particular case with black arm bands as a protest of the Vietnam War, as
long as the expression did not disrupt class work or disrupt the rights of others.
Bethel School District v. Fraser- (1986) Answer - Matthew Fraser made a
nominating speech at an assembly, lewd and sexual in nature, and he was
disciplined. The Court ruled the school was within its right to prohibit vulgar
language at school. The court declared that vulgar speech is not politically
protected speech.
Hazelwood v. Kuhlmeiern 1988 Answer - this case established standard for
censorship of school newspapers. The Court ruled school officials could
exercise prior restraint if/when a student newspaper was produced as a
"regular classroom activity" rather than a "forum for public expression." That
standard means that most high school papers now are assumed not to have
First Amendment protections, while most college newspapers are. The case
began when the principal pulled two articles from the school newspaper, one
on divorce and one on teen pregnancy.
, Texas v. Johnson (1989) Answer - In 1984, in front of the Dallas City Hall,
Gregory Lee Johnson burned an American flag to protest Reagan administration
policies. Johnson was tried and convicted under a Texas law outlawing flag
desecration. After the Texas Court of Criminal Appeals reversed the conviction,
the case went to the Supreme Court. In a 5-to-4 decision, the Court held that
Johnson's burning of a flag was protected expression under the First
Amendment. The Court found that Johnson's actions fell into the category of
expressive conduct and had a distinctively political nature.
Yeo. v. Town of Lexington (1998) Answer - The U.S. Court of Appeals for the
First Circuit unanimously ruled that student journalists have the right to refuse
ads submitted to their publications. This case demonstrates the importance of
a school publication with public forum status. The case arose when student
yearbook/newspaper editors at Lexington High School in Massachusetts
refused to print an ad submitted by Douglas Yeo in 1992 encouraging sexual
abstinence by students. The student publications had an unwritten policy of
not accepting political or advocacy ads, but did offer Yeo to present his
message in a letter to the editor. Yeo turned that down. Students and school
officials maintained the school's policy and practice had been to allow students
to control the content of their publications.
Dean v. Utica (2004) Answer - This case reflects limits to the Hazelwood
decision. Students were about to publish a story in their student newspaper,
the Arrow, about a lawsuit filed against their school district concerning the ill
effects of diesel fumes from the bus garage. As the paper was to go to press,
school officials told the adviser it could not be published. Editor Katy Dean
contested the censorship. The court concluded the Arrow was a public forum,
and even if the paper was a non-public forum to which the Hazelwood
standard applied, the court ruled that the censorship of the Arrow was
unreasonable.
Morse v. Frederick - (2006) Answer - At a school-supervised event, Joseph
Frederick held up a banner with the message "Bong Hits 4 Jesus." Principal
Deborah Morse took away the banner and suspended Frederick for 10 days.
