Brandenburg v. Ohio set the modern standard for when speech can be punished as incitement

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

Not all speech in the United States is protected

This page explains the categories of speech—including defamation, incitement, true threats, fraud, and obscenity—the Supreme Court has placed outside First Amendment protection and how courts determine which standard to apply when speech is challenged.

In 1978, lower courts ruled that neo-Nazis had the right to march through Skokie, Illinois

Skokie was home to a large community of Holocaust survivors, making the planned march an extreme test of First Amendment principles. The courts ultimately ruled that even deeply offensive speech remains protected by the Constitution.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

The Supreme Court ruled that burning the American flag is protected speech

In Texas v. Johnson (1989), the court held, 5-4, that flag burning is a form of symbolic political expression protected by the First Amendment—one of the most controversial free-speech rulings in American history.

Lemon v. Kurtzman (1971) created a 3-part test for church-state entanglement

In this case, the Supreme Court established a three-part test—requiring a secular purpose, no advancement of religion, and avoidance of excessive entanglement—for laws concerning the Establishment Clause. The test was later effectively sidelined in recent rulings.

White supremacist groups like the Ku Klux Klan emerged to undermine Reconstruction

Founded in 1865 by former Confederate officers in Tennessee, the Ku Klux Klan used terror, murder, and intimidation to suppress Black political power and restore white Democratic control across the postwar South.

Carlin's 'Seven Words' led to a landmark Supreme Court ruling

The original recording of Carlin's bit aired on a New York radio station in 1973, leading to an FCC complaint. The case went up to the Supreme Court, which ruled that the FCC had the right to penalize broadcasters that aired obscene content during the daytime.

The Prize Cases established that the president can respond to an attack without waiting for Congress to act

When Lincoln blockaded Confederate ports at the start of the Civil War without congressional authorization, the Supreme Court upheld his actions, ruling that a president does not initiate war by responding to an attack and need not wait for Congress when the nation is already under threat.

A 1986 Supreme Court ruling prohibited race-based jury strikes, but racial imbalance in jury selection persists

Batson v. Kentucky banned prosecutors from excluding jurors on the basis of race, but critics say it backfired. Prosecutors often use race-neutral pretexts to remove potential jurors that judges rarely reject, and some courts have never found a violation of the ruling.

The rise of the campaign speech

What compels an audience shifts over time, meaning yesterday's popular speeches might not go over the same way if delivered today. However, impactful campaign speeches across time share some qualities, including taking the audience seriously, inviting listeners to engage with or respond to presented materials, and using everyday, informal language. Additionally, US political candidates typically promote themselves in their speeches, an approach initially considered vulgar in Australia and Britain.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

How a Cleveland woman who slammed the door on police changed the Fourth Amendment

In 1957, a bomb exploded under the front porch of boxing promoter Don King in Cleveland. When police received a tip to search Dollree Mapp's home, she refused to let them in. Her case went to the Supreme Court, resulting in a ruling that barred illegally obtained evidence from state criminal trials.

1978: Thurgood Marshall, commencement address at the University of Virginia

"Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on."

Lenny Bruce's stand-up challenged US law

Bruce came up in burlesque theaters, but began to find success as stand-up comedy developed a more political and subversive bent. His sets often satirized what he believed to be an oppressively conformist society, which led to his arrest on several occasions.

The story of Dollree Mapp, whose legal challenge over her 1957 conviction for possessing "obscene material" led to a major strengthening of the Fourth Amendment

The FBI ran a covert campaign to discredit Dr. Martin Luther King Jr.

From 1963 to 1968, the FBI surveilled Dr. King with wiretaps, hotel bugs, informants, and anonymous threats, citing concerns about Communist influence—an effort later revealed through declassified files and documented in the film MLK/FBI.

Churchill’s 1946 ‘Iron Curtain’ speech warned of growing Soviet domination

In a 1946 speech, Winston Churchill declared that an “Iron Curtain” had descended across Europe—dividing East from West. The address marked one of the first public acknowledgments of the emerging Cold War and coined the term that would define the conflict.

The Kent State massacre sparked a nationwide student strike

In 1970, the Ohio National Guard opened fire on Kent State University students—peacefully protesting the Vietnam War—and killed four. The tragedy led to more widespread nationwide protests, shutting down more than 200 colleges and universities. The event led to a Pulitzer Prize-winning photo of a slain and grieving student.

'Under God' was added to the pledge in 1954 as an anti-communist statement

When President Eisenhower signed the phrase into law on Flag Day 1954, the intent was ideological: to distinguish American democracy from "godless" Soviet communism. The author of the original 1892 pledge, Francis Bellamy, was himself a Baptist minister who believed in the separation of church and state, making the addition an inversion of his intent.

Conspiracy theories today are often born from online radicalization

New York Times tech columnist Kevin Roose examines how individuals become radicalized while using platforms like YouTube. Hate crimes that took place before the COVID-19 pandemic inspired the podcast, which looks at online commentators, algorithms, and isolation, and possible explanations for how increased online activity can sometimes lead to violent crime.

This American Life explored Ohio's gerrymandering battle

In 2022, Ohio lawmakers repeatedly drew congressional districts that the state Supreme Court ruled unconstitutional. This defiance violated a voter-approved reform intended to prohibit partisan gerrymandering.

Why wasn't German emperor Kaiser Wilhelm punished for starting WWI?

The accusations were explosive: a head of state had not only begun an illegal war, but egged his troops on to a series of horrific atrocities that left

Learn what constitutes trademark infringement

Infringement is a trademark violation that threatens the owner's exclusive right to use a trademark. The general standard for proving any trademark infringement is the likelihood of causing confusion to a normal consumer.

Donald Trump was impeached a second time for incitement of insurrection after Jan. 6

Following the Jan. 6, 2021, Capitol attack, the House impeached Trump for inciting violence against the US government. The Senate acquitted him on Feb. 13, 2021. He is the only president who has been impeached twice.

True crime broadsides were a popular business venture in 19th-century England

Offered by traveling peddlers, these playbills described crimes and crime scenes in detail and often included speeches and confessions of the soon-to-be executed. Broadsides typically included illustrations of crime and execution scenes to drive home the details.

Abraham Lincoln was almost assassinated weeks before his inauguration as he traveled from Illinois to DC through Baltimore in 1861; it took two independent claims for Lincoln to be convinced the threat was real

70 years ago today, city officials in Santa Cruz, California, banned rock 'n' roll to protect its youth from corruption after witnessing a 'provocative' concert the night before.

See this overview of the firework rules across all 50 states, ranging from a complete ban on non-professional fireworks in Massachusetts to states with more lax rules like Indiana.

After her fellow cult members tried to kill her with an LSD-infused hamburger, one member of the Manson Family, the murderous cult led by Charles Manson, decided to testify against the group's leader.

US intelligence allegedly pursued more than 600 schemes to assassinate Cuban revolutionary Fidel Castro.

Exploring the Larry Bird punch that almost changed March Madness

Before writing 'Walden,' transcendentalist Henry David Thoreau nearly burned down his hometown with a campfire that grew out of control.

After the Boston Tea Party, colonists switched to coffee, which became the main morning drink for revolutionaries.

Despite being favored by 87% of Americans, Congress does not have term limits.

American dance legend Martha Graham, sometimes called 'the Picasso of dance,' refused to perform at the 1936 Olympics in Berlin and conceived the piece 'Chronicle' in response to the experience.

A 2019 Facebook event called on attendees to "Storm Area 51, They Can't Stop All of Us," resulting in countless memes, the creation of a music festival, and eventually the arrests of those who did try to approach the area.

Mid-century modern graphic designers, known for their bright colors and bold lines in advertising, also found success with children's books.

Elk Cloner, the first computer virus to spread in public, was written as a practical joke by Richard Skrenta, a Pittsburgh high school student.

Famed poet TS Eliot rejected the manuscript for George Orwell's political fable 'Animal Farm,' writing that its criticism of authoritarianism was not 'the right point of view.'

The deadliest aspect of volcanic eruptions is often not lava, but pyroclastic flows—avalanches of ash, gas, and rock that can move more than half the speed of sound.

In 2018, 26-year-old missionary John Allen Chau was killed by tribesmen after attempting to reach and evangelize on India's isolated North Sentinel Island

'Grand Canyon of the Yellowstone,' a work by American painter Thomas Moran, inspired Congress to establish Yellowstone National Park.

Graffiti dates back to at least ancient Pompeii, where citizens scrawled messages to one another on public walls

Warren Buffett's former professor Benjamin Graham is known as the 'father of value investing,' a strategy in which investors seek to buy stocks trading below their intrinsic worth.

Domino's Pizza's 30-minute delivery guarantee was responsible for the chain's 1980s surge, but it was discontinued after the company was found liable for delivery driver accidents.

The first horror movie is believed to be George Méliès' 1986 short 'The Haunted Castle,' which pioneered the use of special effects

Ebola species have historically been named after where they were discovered, stigmatizing residents who live there, including Bundibugyo, in Uganda.

Chaos theory—informally known as the butterfly effect—is the reason why weather forecasts are presented with probabilities rather than certainties.