Roberts Court Free Speech First Amendment Cases

Compiled [1] By Ronald K.L. Collins

1. Wisconsin Right to Life v. FEC, 546 U.S. 410 (2006)

Vacated and Remanded in 9–0 decision, Per Curiam.

2. Rumsfeld v. Forum for Academic & Institutional Rights, 547 U.S. 47 (2006) [2]

First Amendment claim denied in 8–0 decision. Majority opinion by John Roberts.

3. Garcetti v. Ceballos, 547 U.S. 410 (2006) [3]

First Amendment claim denied in 5–4 decision. Majority opinion by Anthony Kennedy.

4. Randall v. Sorrell, 548 U.S. 230 (2006) [4]

First Amendment claim sustained under strict scrutiny review in 6–3 decision. Plurality opinion by Stephen Breyer.

5. Beard v. Banks, 548 U.S. 521 (2006) [5]

First Amendment claim denied in 6–2 decision. Plurality opinion by Stephen Breyer.

6. Davenport v. Washington Educ. Association, 551 U.S. 177 (2007) [6]

First Amendment claim denied in 9–0 decision. Majority opinion by Antonin Scalia.

7. Tennessee Secondary School Athletic Association v. Brentwood Academy, 551 U.S. 291 (2007) [7]

First Amendment claim denied in 9–0 decision. Majority opinion by John Stevens.

8. F.E.C. v. Wisconsin Right to Life, Inc., 551 U.S. 449 (2007) [8]

First Amendment claim sustained under strict scrutiny review in 5–4 decision. Majority opinion by John Roberts.

9. Morse et al. v. Frederick, 551 U.S. 393 (2007) [9]

First Amendment claim denied, in parts, in 5–4 decision. Majority opinion by John Roberts.

10. United States v. Williams, 553 U.S. 285 (2008) [10]

First Amendment claim denied in 7–2 decision. Majority opinion by Antonin Scalia.

11. Davis v. Federal Election Commission, 554 U.S. 724 (2008) [11]

First Amendment claim sustained under strict scrutiny review in 5–4 decision. Majority opinion by Samuel Alito.

12. New York State Board of Elections v. Lopez Torres, 552 U.S. 196 (2008) [12]

First Amendment claim denied in 9–0 decision. Majority opinion by Antonin Scalia.

13. Pleasant Grove City, UT, et al v. Summum, 555 U.S. 460 (2009) [13]

First Amendment claim denied in 9–0 decision. Majority opinion by Samuel Alito.

14. Washington State Grange v. Washington State Republican Party, 552 U.S. 442 (2008) [14]

First Amendment claim denied in 7–2 decision. Majority opinion by Clarence Thomas.

15. Ysursa v. Pocatello Educational Association, 555 U.S. 353 (2009) [15]

First Amendment claim denied in 6–3 decision. Majority opinion by John Roberts.

16. Locke v. Karass, 555 U.S. 207 (2009) [16]

First Amendment claim denied in 9–0 decision. Majority opinion by Stephen Breyer.

17. Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) [17]

First Amendment claim sustained under strict scrutiny review in 5–4 decision. Majority opinion by Anthony Kennedy. This was Sonia Sotomayor’s first vote.

18. United States v. Stevens, 559 U.S. 460 (2010) [18]

First Amendment claim sustained under strict scrutiny review in 8–1 decision. Majority opinion by John Roberts.

19. Holder v. Humanitarian Law Project, 561 U.S. 1 (2010) [19]

First Amendment claim denied in 6–3 decision. Majority opinion by John Roberts.

20. Christian Legal Society v. Martinez, 561 U.S. 661 (2010) [20]

First Amendment claim denied in 5–4 decision. Majority opinion by Ruth Bader Ginsburg.

21. Milavetz, Gallop, & Milavetz v. United States, 559 U.S. 229 (2010) [21]

First Amendment claim denied in 9–0 decision. Majority opinion by Sonia Sotomayor.

22. Doe v. Reed, 561 U.S. 186 (2010) [22]

First Amendment claim denied in 8–1 decision. Majority opinion by John Roberts.

23. Snyder v. Phelps, 562 U.S. 443 (2011) [23]

First Amendment claim sustained under strict scrutiny review in 8–1 decision. Majority opinion by John Roberts. This was Elena Kagan’s first vote.

24. Sorrell v. IMS Health Inc., 564 U.S. 552 (2011) [24]

First Amendment claim sustained under strict scrutiny review in 6–3 decision. Majority opinion by Anthony Kennedy.

25. Brown v. Entertainment Merchants Association, 564 U.S. 786 (2011) [25]

First Amendment claim sustained under strict scrutiny review in 7–2 decision. Majority opinion by Antonin Scalia.

26. Borough of Duryea v. Guarnieri, 564 U.S. 379 (2011) [26]

First Amendment claim denied in 8–1 decision. Majority opinion by Anthony Kennedy.

27. Nevada Commission on Ethics v. Carrigan, 564 U.S. 117 (2011) [27]

First Amendment claim denied in 9–0 decision. Majority opinion by Antonin Scalia.

28. Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, 131 S. Ct. 2806 (2011) [28]

First Amendment claim sustained under strict scrutiny review in 5–4 decision. Majority opinion by John Roberts.

29. Reichle v. Howards, 132 S. Ct. 2088 (2012) [29]

First Amendment claim denied in 8–0 decision. Majority opinion by Clarence Thomas.

30. Golan v. Holder, 132 S. Ct. 873 (2012) [30]

First Amendment claim denied in 6–2 decision. Majority opinion by Ruth Bader Ginsburg.

31. Knox v. Service Employees International Union, 132 S. Ct. 2277 (2012) [31]

First Amendment claim sustained under strict scrutiny review in 7–2 decision. Majority opinion by Samuel Alito.

32. United States v. Alvarez, 132 S. Ct. 2537 (2012) [32]

First Amendment claim sustained under strict scrutiny review in 6–3 decision. Plurality opinion by Anthony Kennedy.

33. Agency for International Development v. Alliance for Open Society International, Inc., 133 S. Ct. 2321 (2013) [33]

First Amendment claim sustained under strict scrutiny review in 6–2 decision. Majority opinion by John Roberts.

34. McCutcheon v. Federal Election Commission, 134 S. Ct. 1434 (2014) [34]

First Amendment claim sustained under strict scrutiny review in 5–4 decision. Plurality opinion by John Roberts.

35. Wood v. Moss, 134 S. Ct. 2056 (2014)

First Amendment claim denied in 9–0 decision. Majority opinion by Ruth Bader Ginsburg.

36. Lane v. Franks, 134 S. Ct. 2369 (2014) [35]

First Amendment claim sustained under strict scrutiny review in 9–0 decision. Majority opinion by Sonia Sotomayor.

37. Harris v. Quinn, 134 S. Ct. 2618 (2014) [36]

First Amendment claim sustained under strict scrutiny review in 5–4 decision. Majority opinion by Samuel Alito.

38. McCullen v. Coakley, 134 S. Ct. 2518 (2014) [37]

First Amendment claim sustained under strict scrutiny review in 9–0 decision. Majority opinion by John Roberts.

39. Williams–Yulee v. The Florida Bar 135 S. Ct. 1656 (2015) [38]

First Amendment claim denied in 5–4 decision. Majority opinion by John Roberts.

40. Walker v. Sons of Confederate Veterans (2015) [39]

First Amendment claim denied in 5–4 decision. Majority opinion by Stephen Breyer.

41. Reed v. Town of Gilbert 135 S. Ct. 2218 (2015) [40]

First Amendment claim sustained under strict scrutiny review in 9–0 decision. Majority opinion by Clarence Thomas.

42. Expressions Hair Design v. Schneiderman

Oral argument held on Jan. 10, 2017, transcript found here.

43. Matal v. Tam

Oral argument held on Jan. 18, 2017, transcript found here.

44. Packingham v. North Carolina

Oral argument held on Feb. 27. 2017, transcript found here.

---

[1] As indicated by the title, free speech cases decided on non–First Amendment grounds are not included in this list. See e.g. Dayton v. Hanson, 550 U.S. 511(2007) (speech & debate clause case) and FCC v. Fox, 567 U.S.___, 129 S. Ct. 1800 (2012) (holding that because the FCC failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the Commission’s standards as applied to said broadcasts were unconstitutionally vague).

[2] Alito did not participate in this case.

[3] Stevens, Breyer, & Souter wrote dissents.

[4] Alito, Kennedy, & Thomas wrote concurrences. Souter & Stevens wrote dissents.

[5] Justice Alito did not participate in this case. Thomas wrote a concurrence. Stevens & Ginsburg wrote dissents.

[6] Breyer wrote a concurrence. This case was consolidated with Washington v. Washington Education Association, 551 U.S. 1 (2007).

[7] Thomas & Kennedy wrote concurrences.

[8] Alito & Scalia wrote concurrences. Souter wrote a dissent. This case was consolidated with McCain, et al., v. Wisconsin Right to Life, 546 U. S. 410 (2007).

[9] Alito & Thomas wrote a concurrence. Stevens wrote a dissent. Breyer wrote an opinion concurring & dissenting in part.

[10] Stevens wrote a concurrence. Souter wrote a dissent.

[11] Ginsburg & Stevens wrote opinions concurring & dissenting in part.

[12] Kennedy & Stevens wrote concurrences.

[13] Stevens, Souter, Breyer, & Scalia wrote concurrences.

[14] Roberts wrote a concurrence. Scalia wrote a dissent.

[15] Ginsburg wrote a concurrence. Souter & Stevens wrote dissents. Breyer wrote opinions concurring & dissenting in part.

[16] Alito wrote a concurrence.

[17] Roberts & Scalia wrote concurrences. Stevens & Thomas wrote opinions concurring & dissenting in part.

[18] Alito wrote a dissent.

[19] Breyer wrote a dissent.

[20] Stevens & Kennedy wrote concurrences. Alito wrote a dissent.

[21] Scalia & Thomas wrote concurrences.

[22] Breyer, Scalia, Stevens, Alito, & Sotomayor wrote concurrences. Thomas wrote a dissent.

[23] Breyer wrote a concurrence. Alito wrote a dissent.

[24] Breyer wrote a dissent.

[25] Alito (joined by Roberts) concurred on due process grounds. Thomas & Breyer wrote dissents.

[26] Thomas wrote a concurrence. Scalia wrote an opinion concurring & dissenting in part.

[27] Kennedy & Alito wrote concurrences.

[28] Kagan wrote a dissent.

[29] Kagan did not participate in this case. Ginsburg wrote a concurrence.

[30] Kagan did not participate in this case. Breyer wrote a dissent.

[31] Sotomayor wrote a concurrence. Breyer wrote a dissent.

[32] Breyer wrote a concurrence. Alito wrote a dissent.

[33] Scalia wrote a dissent. Kagan did not participate in this case.

[34] Thomas wrote a concurrent. Breyer wrote a dissent.

[35] Thomas wrote a concurrence.

[36] Kagan wrote a dissent.

[37] Scalia & Alito wrote concurrences.

[38] Breyer & Ginsburg wrote concurrences. Scalia, Kennedy, & Alito wrote dissents.

[39] Alito wrote a dissent.

[40] Alito, Breyer, & Kagan wrote concurrences.