free speech clause in Pennsylvania

11 Pennsylvania opinions name it 5 courts 1979–2025 4 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Texas v. Johnsongreen scotus · 1989 · cited in 2 Pennsylvania opinions naming this issue, 2020–2020 2 sentences 2020Texas v. Johnson, 491 U.S. 397, 404 (1989) (citation omitted). 2020Texas v. Johnson, 491 U.S. 397, 404 (1989) (citation omitted).	2	2
Manhattan Community Access Corp. v. Halleckgreen scotus · 2019 · cited in 2 Pennsylvania opinions naming this issue, 2020–2022 2 sentences 2022Manhattan Cmty. Access Corp. v. Halleck, . . . 139 S. Ct. 1921 , 1928 . . . (2019). 13-15; (3) The School District’s policy of treating all potential threats as actual, credible threats is overbroad and unduly vague, in violation of the First and Fourteenth Amendments, as well as Article I, Section 7 of the Pennsylvania Constitution. 2020Manhattan Cmty. Access Corp. v. Halleck, 139 S. Ct. 1921, 1928 (2019).	1	2
Konidaris v. Portnoff Law Associates, Ltd.green pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009 2 sentences 2009It is axiomatic that: “[A]ny party challenging the constitutionality of a statute must meet a heavy burden, for we presume legislation to be constitutional absent a demonstration that the statute ‘clearly, palpably, and plainly’ violates the Constitution.” Konidaris v. Portnoff Law Associates, Ltd., 598 Pa. 55 , 953 A.2d 1231, 1239 (2008) (citation omitted). 2009It is axiomatic that: “[A]ny party challenging the constitutionality of a statute must meet a heavy burden, for we presume legislation to be constitutional absent a demonstration that the statute ‘clearly, palpably, and plainly’ violates the Constitution.” Konidaris v. Portnoff Law Associates, Ltd., 598 Pa. 55 , 953 A.2d 1231, 1239 (2008) (citation omitted).	1	1
Collin v. Smithgreen ca7 · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979 1 sentence 1979The content of Mrs. Jarboe’s speech, i.e., what she expresses through her sign, can, consistent with the free speech clause of the First Amendment, only be regulated “on the basis of imminent danger of a grave substantive evil.” Collin v. Smith, 578 F. 2d 1197, 1202 (7th Cir. 1978), cert. den., 439 U.S. 916 (1978).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
G.D. v. D.D. green pasuperct · 2013 1 sentence 2025See Pa.R.A.P. (b)(4)(vii); see also In the Interest of: G.D. v. D.D., 61 A.3d 1031 , 1036 n.3 (Pa. Super. 2013) (where pro se appellant raises issue in appellate brief that is not raised in Rule 1925(a)(2)(i) statement, this Court may find waiver).7 In her next issue, Mother contends that the trial court erred in placing “dispositive significance on a non-enumerated [custody] factor” in coming to ____________________________________________ 6 See Pa.R.A.P. 1925(a)(2)(i) (in children’s fast track appeals, “concise statement of errors complained of on appeal shall be filed and served with [] not	1	2025–2025
Rumsfeld v. Forum for Academic and Institutional Rights, Inc. green scotus · 2006 1 sentence 2023Again, we disagree.13 Appellant asserts that more recent federal law regarding “inherently expressive conduct” somehow undermines the decision in Hendrickson, and that there is no “categorical harassment exception to the First Amendment’s free speech clause.” See Appellant’s Brief at 23-24, citing Rumsfeld, 547 U.S. at 66 ; Saxe, 240 F.3d at 205 .	1	2023–2023
cluster 772079 green ca3 · 2001 1 sentence 2023Again, we disagree.13 Appellant asserts that more recent federal law regarding “inherently expressive conduct” somehow undermines the decision in Hendrickson, and that there is no “categorical harassment exception to the First Amendment’s free speech clause.” See Appellant’s Brief at 23-24, citing Rumsfeld, 547 U.S. at 66 ; Saxe, 240 F.3d at 205 .	1	2023–2023
Zauflik v. Pennsbury School District green pacommwct · 2013 1 sentence 2022Zauflik v. Pennsbury School District, 72 A.3d 773 , 797 6 Inmate also argued the Trial Court erred in requiring a physical injury for an alleged free speech violation in filing the Misconduct as retaliation.	1	2022–2022
Shepp v. Shepp green pa · 2006 1 sentence 2020Upon a review of jurisprudence relevant to a claim of free exercise of religion, this Court in Shepp held that a court may prohibit a parent from advocating religious beliefs, which, if acted upon, would constitute a crime, if it is established that the parent’s conduct “would jeopardize the physical or mental health or safety of the child, or have a potential for significant social burdens.” Shepp, 906 A.2d at 1174 .	1	2020–2020
Brandenburg v. Ohio green scotus · 1969 2 sentences 2003During oral argument, in response to a question from the court, plaintiff’s counsel told us that his amended complaint is attempting to advance a claim under the free speech exception set out in Brandenburg v. Ohio, 395 U.S. 444 , 89 S.Ct. 1827 , 23 L.Ed.2d 430 (1969). 2003During oral argument, in response to a question from the court, plaintiff’s counsel told us that his amended complaint is attempting to advance a claim under the free speech exception set out in Brandenburg v. Ohio, 395 U.S. 444 , 89 S.Ct. 1827 , 23 L.Ed.2d 430 (1969).	1	2003–2003
Buckley v. Valeo green scotus · 1976 2 sentences 1980It did so, however, only because the limits worked "only a marginal restriction upon the contributor's ability to engage in free communication." 424 U.S. at 620-21 , 96 S.Ct. at 635 . 1980It did so, however, only because the limits worked "only a marginal restriction upon the contributor's ability to engage in free communication." 424 U.S. at 620-21 , 96 S.Ct. at 635 .	1	1980–1980
Chaplinsky v. New Hampshire green scotus · 1942 1 sentence 1979Those situations are limited to where the expression is in the form of obscenity: Miller v. California, 413 U.S. 15 (1973); “fighting words,” Chaplinsky v. New Hampshire, 315 U.S. 568 (1942); incitement to riot, Feiner v. New York, 340 U.S. 315 (1951); offensive expression to a “captive” audience, Rowan v. Post Office Department, 397 U.S. 728 (1970) and FCC v. Pacifica Foundation, 438 U.S. 726 (1978); or libel, New York Times v. Sullivan, 376 U.S. 254 (1964).	1	1979–1979
Feiner v. New York green scotus · 1951 1 sentence 1979Those situations are limited to where the expression is in the form of obscenity: Miller v. California, 413 U.S. 15 (1973); “fighting words,” Chaplinsky v. New Hampshire, 315 U.S. 568 (1942); incitement to riot, Feiner v. New York, 340 U.S. 315 (1951); offensive expression to a “captive” audience, Rowan v. Post Office Department, 397 U.S. 728 (1970) and FCC v. Pacifica Foundation, 438 U.S. 726 (1978); or libel, New York Times v. Sullivan, 376 U.S. 254 (1964).	1	1979–1979
New York Times Co. v. Sullivan green scotus · 1964 1 sentence 1979Those situations are limited to where the expression is in the form of obscenity: Miller v. California, 413 U.S. 15 (1973); “fighting words,” Chaplinsky v. New Hampshire, 315 U.S. 568 (1942); incitement to riot, Feiner v. New York, 340 U.S. 315 (1951); offensive expression to a “captive” audience, Rowan v. Post Office Department, 397 U.S. 728 (1970) and FCC v. Pacifica Foundation, 438 U.S. 726 (1978); or libel, New York Times v. Sullivan, 376 U.S. 254 (1964).	1	1979–1979
Federal Communications Commission v. Pacifica Foundation green scotus · 1978 1 sentence 1979Those situations are limited to where the expression is in the form of obscenity: Miller v. California, 413 U.S. 15 (1973); “fighting words,” Chaplinsky v. New Hampshire, 315 U.S. 568 (1942); incitement to riot, Feiner v. New York, 340 U.S. 315 (1951); offensive expression to a “captive” audience, Rowan v. Post Office Department, 397 U.S. 728 (1970) and FCC v. Pacifica Foundation, 438 U.S. 726 (1978); or libel, New York Times v. Sullivan, 376 U.S. 254 (1964).	1	1979–1979
Albert Smith, President of the Village of Skokie, Illinois v. Frank Collin green scotus · 1978 1 sentence 1979The content of Mrs. Jarboe’s speech, i.e., what she expresses through her sign, can, consistent with the free speech clause of the First Amendment, only be regulated “on the basis of imminent danger of a grave substantive evil.” Collin v. Smith, 578 F. 2d 1197, 1202 (7th Cir. 1978), cert. den., 439 U.S. 916 (1978).	1	1979–1979
Rowan v. United States Post Office Department green scotus · 1970 1 sentence 1979Those situations are limited to where the expression is in the form of obscenity: Miller v. California, 413 U.S. 15 (1973); “fighting words,” Chaplinsky v. New Hampshire, 315 U.S. 568 (1942); incitement to riot, Feiner v. New York, 340 U.S. 315 (1951); offensive expression to a “captive” audience, Rowan v. Post Office Department, 397 U.S. 728 (1970) and FCC v. Pacifica Foundation, 438 U.S. 726 (1978); or libel, New York Times v. Sullivan, 376 U.S. 254 (1964).	1	1979–1979
Miller v. California green scotus · 1973 1 sentence 1979Those situations are limited to where the expression is in the form of obscenity: Miller v. California, 413 U.S. 15 (1973); “fighting words,” Chaplinsky v. New Hampshire, 315 U.S. 568 (1942); incitement to riot, Feiner v. New York, 340 U.S. 315 (1951); offensive expression to a “captive” audience, Rowan v. Post Office Department, 397 U.S. 728 (1970) and FCC v. Pacifica Foundation, 438 U.S. 726 (1978); or libel, New York Times v. Sullivan, 376 U.S. 254 (1964).	1	1979–1979

Where else courts name it

CA 65 (1966–2026) TX 31 (1987–2026) NJ 22 (1954–2024) IL 20 (1978–2021) WA 17 (1999–2025) PA 11 (1979–2025) GA 9 (1974–2024) IN 8 (1991–2018) NC 7 (1995–2023) IA 7 (1983–2026) OH 7 (1999–2023) NY 6 (1948–2013) CT 5 (2001–2024) UT 5 (2003–2024) HI 5 (1988–2014) MI 5 (2018–2023) MT 5 (1995–2010) FL 4 (1989–2025) AZ 4 (1974–2019) MD 4 (1979–2015) OR 3 (1991–2020) MO 3 (1989–2016) CO 3 (1996–2015) WI 3 (1987–2026) AK 3 (1982–1989) OK 3 (1981–2017) NM 2 (1992–2003) MN 2 (1994–2012) DC 2 (1985–1987) MA 2 (1984–2012) NH 2 (1976–2018) VT 2 (1980–1996) NE 2 (1986–1997) ND 2 (2010–2010) VA 2 (1988–2000) WY 2 (1976–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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