HESS v. INDIANA
Supreme Court Cases
414 U.S. 105 (1973)
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Do statutory "disturbance of the peace" and "obstruction of public passageways" convictions, for a peaceable demonstration that contains speech that may potentially incite violence, infringe on a demonstrator's First Amendment rights to freedom of speech and assembly?
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Does the First Amendment protect people’s right to say things that make other people so angry that it may lead them to cause unrest?
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Whether a municipal ban on the use of any sound system emitting "loud and raucous" noises on public streets violates the First and Fourteenth Amendments.
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Whether a Mississippi statute punishing speech "reasonably tending to create an attitude of stubborn refusal to salute, honor, and respect the flag and government of the United States" or "calculated to encourage disloyalty to the government of the United States" violates the First Amendment
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HERNDON v. LOWRY, SHERIFF
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Whether a Georgia law prohibiting an "attempt to incite insurrection" was unconstitutional as applied to a Communist member planning to distribute literature, because the law was too vague to provide a sufficiently ascertainable standard of guilt.
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Whether quoting in print "equivocal language" from the preamble to the IWW Constitution amounted to criminal syndicalism unprotected by the due process clause of the Fourteenth Amendment.
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Whether California's criminal syndicalism law that made it a crime to defend, advocate, or establish an organization committed to violent means of effecting government change violated the First Amendment.
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Whether (1) the Free Speech Clause of the First Amendment applies to states, and (2) whether the state criminal anarchy law violated First Amendment.
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Whether the Espionage Act violates the First Amendment as applied to distributing leaflets calling for a strike at U.S. ammunitions plants.
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Whether a political candidate’s speech that was considered to obstruct the United States’ war effort in violation of the Espionage Act deserved First Amendment protection.
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Whether a conviction under the Espionage Act of 1917 for circulating anti-war articles should be overturned on First Amendment grounds.
SCHENCK v. UNITED STATES
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Charles Schenck was charged with conspiracy to violate the Espionage Act for distributing anti-war leaflets that urged people to boycott the draft.