If Virginia v. Black teaches that true threats are not protected by the First Amendment, Counterman v. Colorado answers the next question: What mental state must the government prove before speech can be punished as a true threat? The Supreme Court’s answer: At least recklessness. That is why Counterman v. Colorado, 143 S. Ct. 2106 (2023) is one of the most important modern First Amendment cases for understanding threats, online speech, stalking, and criminal punishment for e

If R.A.V. v. City of St. Paul teaches that the government cannot selectively punish disfavored ideas even within categories like fighting words, Virginia v. Black teaches a related but different rule: Cross burning may be punished when it is done with intent to intimidate. That is why Virginia v. Black, 538 U.S. 343 (2003) is one of the most important First Amendment cases every 1L should know. It explains when cross burning is protected expression and when it becomes a const

If Texas v. Johnson teaches that the government cannot punish offensive symbolic political speech, R.A.V. v. City of St. Paul teaches a related but more technical First Amendment rule: Even within categories of unprotected speech, the government generally cannot discriminate based on viewpoint or selectively punish only certain ideas. That is why R.A.V. v. City of St. Paul, 505 U.S. 377 (1992) is one of the most important First Amendment cases every 1L should know. It involve

If Tinker teaches that symbolic speech can be protected in schools, Texas v. Johnson teaches that symbolic political protest can be protected even when it deeply offends many people. The basic lesson is this: The government cannot punish expressive conduct simply because society finds the message offensive or disagreeable. That is why Texas v. Johnson, 491 U.S. 397 (1989) is one of the most important First Amendment cases every 1L should know. It held that burning the America

If Tinker, Fraser, Hazelwood, and Morse are the classic student-speech cases, Mahanoy Area School District v. B.L. brings that doctrine into the social media age. The basic lesson is this: Schools may sometimes regulate off-campus student speech, but their authority is weaker when the speech happens outside school and outside school activities. That is why Mahanoy Area School District v. B.L., 141 S. Ct. 2038 (2021) is one of the most important modern student-speech cases eve

If Tinker protects nondisruptive student political speech, Fraser lets schools regulate lewd student speech, and Hazelwood lets schools control school-sponsored speech, Morse v. Frederick adds another student-speech category: Schools may restrict student speech at a school-supervised event when that speech is reasonably viewed as promoting illegal drug use. That is why Morse v. Frederick, 551 U.S. 393 (2007) is one of the key modern student-speech cases every 1L should know.

If Tinker v. Des Moines protects student political expression, and Bethel v. Fraser lets schools regulate lewd student speech, Hazelwood School District v. Kuhlmeier answers a third student-speech question: How much control does a school have over speech that appears to carry the school’s own approval or sponsorship? The Supreme Court’s answer: A lot — as long as the school’s control is reasonably related to legitimate pedagogical concerns. That is why Hazelwood School Distri

If Tinker v. Des Moines says students do not lose their First Amendment rights at school, Bethel School District No. 403 v. Fraser adds an important limit: Schools may discipline students for lewd, vulgar, or plainly offensive speech at a school-sponsored event. That is why Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986) is one of the key student-speech cases every 1L should know. It distinguishes the silent political protest in Tinker from vulgar speech deliver

If Brandenburg v. Ohio teaches when the government can punish incitement, Tinker v. Des Moines teaches a different First Amendment lesson: Students do not lose their free speech rights just because they go to public school. That is why Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) is one of the most important student-speech cases every 1L should know. It established the famous rule that schools may not suppress student expression unless the s