The Supreme Court first used the Fourteenth Amendment’s incorporation of the First Amendment to strike a state law limiting freedom of speech.
During the Red Scare (anticommunist hysteria) after World War I, California banned the display of a red flag but did not enforce the law until a right-wing group, Better American Federation, persuaded a local sheriff to raid a working-class children’s youth camp where they found instructor Yetta Stromberg’s red flag. Chief Justice Charles Evans Hughes,
Brandenburg v. Ohio
Clear and present danger test
O’Brien, United States v.
Schenck v. United States
Texas v. Johnson
Tinker v. Des Moines Independent Community School District
Whitney v. California