What the Public Thinks About Major Supreme Court Cases This Term – The New York Times
The arrival this term of Justice Amy Coney Barrett, President Donald J. Trump's third appointee, has transformed a Supreme Court with a slight conservative majority into one that tilted right by a 6-to-3 margin. Justice Barrett has also left Chief Justice John G. Roberts Jr. with a sharply diminished ability to guide the courts direction in cases on health care, voting, religion and gay rights.
According to a recent survey from researchers at Harvard, Stanford and the University of Texas, the public is divided nearly evenly on those key cases.
Covid Restrictions and Religion
In Roman Catholic Diocese of Brooklyn v. Cuomo, the court ruled that New York could not prohibit in-person attendance at worship services because it violated the Constitutions protection of religious liberty.
Where the public stands
Question wording: Many states have prohibited large in-person gatherings due to the Covid-19 pandemic. Some people think that states cannot prohibit in-person religious gatherings because of the First Amendment right to free exercise of religion. Other people think that states can prohibit inperson religious gatherings. What do you think? | Source: SCOTUSPoll
Life Sentences for Juvenile Offenders
In Jones v. Mississippi, the court ruled that juvenile offenders need not be deemed incorrigible, or beyond hope of rehabilitation, before a judge sentences them to die in prison.
Where the public stands
Question wording: There are states that reserve the ability to sentence juvenile criminal defendants to life sentences without the possibility of any parole. Some people think that such juvenile defendants must be found to be incorrigible or impossible of being reformed before being sentenced to life without parole. Other people think that juveniles can be sentenced to life sentences without parole without states having to make such a determination. What do you think? | Source: SCOTUSPoll
Affordable Care Act
In California v. Texas, the court will decide whether a key provision of President Barack Obamas health care law is constitutional and, if it is not, whether the entire law must fall.
Where the public stands
Question wording: Under the Affordable Care Act (ACA), there is a tax penalty for not buying health insurance. This is called the individual mandate. Recent legislation has set the tax penalty for not buying health insurance to $0. Some people believe that, because the tax penalty is $0, this means that the penalty is actually not a tax and it exceeds the federal government's power to tax and is unconstitutional. Other people believe that it does not exceed the federal government's power totax and is constitutional. What do you think? | Source: SCOTUSPoll
Question wording: Under the Affordable Care Act (ACA), there is a tax penalty for not buying health insurance. This is called the individual mandate. Some people think that if the individual mandate is unconstitutional then the entirety of the ACA must also be unconstitutional. Other people disagree and think that if the individual mandate is unconstitutional, that should not affect the rest of the law. What do you think? | Source: SCOTUSPoll
Religion and Gay Rights
In Fulton v. City of Philadelphia, the court will decide whether Philadelphia may bar a Catholic agency that refuses to work with same-sex couples from screening potential foster parents.
Where the public stands
Question wording: There are some religiously affiliated foster agencies that refuse to place foster children with same-sex couples. Some people think that governments can prohibit such agencies from participating in the foster care systems they operate unless the agencies allow children to be placed with same-sex couples. Other people think that doing so would violate the agencies' First Amendment rights to religious freedom. What do you think? | Source: SCOTUSPoll
Where the public stands
Question wording: In Arizona, if a voter arrives at a polling place and is not listed on the voter roll for that precinct, the voter may still cast a provisional ballot. After election day, Arizona election officials review all provisional ballots to determine the voter's identity and address. If officials determine that the voter voted outside of their precinct, the ballot is discarded in its entirety, even if the voter was eligible to vote in most of the races on the ballot. Some people believe that discarding entire ballots in this manner is unlawful. Other people believe that it is lawful. What do you think? | Source: SCOTUSPoll
Question wording: Arizona offers in-person voting at a precinct or vote center either on election day or during an early-vote period. Many voters particularly racial minorities who vote early rely on another person to collect and drop off voted ballots. However, the Arizona legislature made it illegal to collect and deliver another person's ballot. Some people think that voters should be able to rely on another person or third party to collect and drop off ballots. Other people think that states can forbid this. What do you think? | Source: SCOTUSPoll
Where the public stands
Question wording: To detect possible fraud, the attorney general of California requires private nonprofit organizations to report the names and addresses of their major donors to the state, which keeps this information confidential. Some people think that this violates nonprofit organizations' First Amendment rights to free association because it might deter people from financially supporting them. Other people do not think that this violates nonprofit organizations' First Amendment rights to free association. What do you think? | Source: SCOTUSPoll
Students First Amendment Rights
In Mahanoy Area School District v. B.L., the court will decide whether schools may punish students for social media posts and other off-campus speech.
Where the public stands
Question wording: Some people think that public school officials can punish students for things they say or write off campus, including on social media, without violating students' First Amendment rights to free speech. Other people think that such punishments violate students' First Amendment rights to free speech. What do you think? | Source: SCOTUSPoll
Where the public stands
Question wording: The National Collegiate Athletic Association (NCAA) strictly limits colleges and universities from providing paid compensation to college athletes. Some people think the NCAA's strict limits on paid compensation for college athletes in this manner is an unlawful form of coordination against athletes. Others disagree and think that the NCAA should be able to strictly limit colleges and universities from providing paid compensation to college athletes. What do you think? | Source: SCOTUSPoll
Union Access to Workplaces
In Cedar Point Nursery v. Hassid, the court will decide whether a California regulation that allows union representatives to meet with farmworkers at their worksites amounts to government taking of private property.
Where the public stands
Question wording: California law requires that employers allow union representatives to enter a company's private property to meet with employees and solicit support for labor organizing. Some people believe that this is akin to the government taking companies' private property without compensation. Other people argue that the law is acceptable, and is not the government taking companies' private property without compensation. What do you think? | Source: SCOTUSPoll
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What the Public Thinks About Major Supreme Court Cases This Term - The New York Times
- EDITORIAL: Misusing the First Amendment Will Catch Up With Us - Adventist Today - November 1st, 2026 [November 1st, 2026]
- Judge Throws Out Trump's Epstein Lawsuit Against Wall Street Journal in Brutal First Amendment Rebuke - MeidasTouch News - November 1st, 2026 [November 1st, 2026]
- Execution secrecy tests the public's First Amendment rights - USA Today - November 1st, 2026 [November 1st, 2026]
- OPINION: Is the First Amendment limited by faith? - Moscow-Pullman Daily News - November 1st, 2026 [November 1st, 2026]
- Conservative political activist Riley Gaines slammed LeBron for weaponizing the First Amendment to disrespect the flag - Basketball Network - November 1st, 2026 [November 1st, 2026]
- 'Read the First Amendment!' Joe Scarborough starts shouting as GOP 'shreds' Constitution - Raw Story - November 1st, 2026 [November 1st, 2026]
- Ninth Circuit Holds that Californias Captive-Audience Ban Violates the First Amendment - Littler Mendelson P.C. - October 30th, 2026 [October 30th, 2026]
- Watchdog accuses Texas State of 'egregious' First Amendment breach over paid advertisement - San Antonio Current - October 30th, 2026 [October 30th, 2026]
- From Armbands to T-Shirts: Student Speech and the First Amendment - The National Constitution Center - October 30th, 2026 [October 30th, 2026]
- CNN, MS NOW and Politico Ask Court To Make Trump Access Order Permanent - First Amendment Watch - October 30th, 2026 [October 30th, 2026]
- OUR VIEW: The First Amendment keeps you out of jail. It doesnt keep you employed. - Herald-Zeitung - October 30th, 2026 [October 30th, 2026]
- Federal judge hears argument from FIU students involved in alleged racist group chat who say their First Amendment rights were violated - WSVN - October 30th, 2026 [October 30th, 2026]
- 'Have these people READ the First Amendment?' REACTION to GOP leaning into Islamophobic attacks - Modern Ghana - October 30th, 2026 [October 30th, 2026]
- Editorial: A frantic GOP attacks the First Amendment and the truth - Orlando Sentinel - October 24th, 2026 [October 24th, 2026]
- Tom Costello on the First Amendment and the Future of Free Speech - NBCU Academy - October 24th, 2026 [October 24th, 2026]
- To Chill or Not to Chill: The First Amendment Beyond the Presidents Press Room - JURIST News - October 24th, 2026 [October 24th, 2026]
- UMD Athletics agrees to First Amendment training after student journalists questioned by police - The Baltimore Banner - October 24th, 2026 [October 24th, 2026]
- Judge Orders Trump To Sit for a Deposition in His Defamation Lawsuit Against the BBC by Dec. 11 - First Amendment Watch - October 24th, 2026 [October 24th, 2026]
- Florida GOP lawsuit to censor TV stations fails Sunshine State and First Amendment - Freedom of the Press Foundation - October 24th, 2026 [October 24th, 2026]
- A Trump Appointee Says the President Likely Violated the First Amendment by Banishing Disfavored Journalists (opinion) - Yahoo - October 17th, 2026 [October 17th, 2026]
- Journal of Free Speech Law: "How Matal v. Tam Became a First Amendment Case: The Record and the Reality" by Simon Tam - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Judge blocks Trump's White House ban targeting CNN, MS NOW and Politico, saying it likely violated First Amendment - CBS News - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Ipsos - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Knight Foundation - October 17th, 2026 [October 17th, 2026]
- Litigators of the Week: A First Amendment Win for CNN, Politico and MS NOW Against White House Press Ban - Law.com - October 17th, 2026 [October 17th, 2026]
- BBC Asks Judge To Force Trump To Sit for Deposition in His Own Lawsuit Against the Channel - First Amendment Watch - October 17th, 2026 [October 17th, 2026]
- Penn Carey Law hosts discussion on DEI and First Amendment after closing equity office - Campus Reform - October 17th, 2026 [October 17th, 2026]
- Broward Teachers Union president alleges First Amendment violation after meeting removal - WPLG Local 10 - October 17th, 2026 [October 17th, 2026]
- Judge prohibited First Amendment defense in trial over naked Shrek image - Axios - October 17th, 2026 [October 17th, 2026]
- Judge: Trump likely violated First Amendment by banning new outlets from White House - Straight Arrow - October 17th, 2026 [October 17th, 2026]
- A Trump appointee says the president likely violated the First Amendment by banishing disfavored journalists - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Ousted Publisher Says Hegseths Pentagon Ordered Him To Fire Journalists, Made Clear You Have No First Amendment Rights - Mediaite - October 4th, 2026 [October 4th, 2026]
- Letter to the Editor: Trump continues his assaults on the First Amendment - Chico Enterprise-Record - October 4th, 2026 [October 4th, 2026]
- LETTER: Trump and the First Amendment - Las Vegas Review-Journal - October 4th, 2026 [October 4th, 2026]
- The First Amendment at the stadium gate: Who controls speech on a public stage? - Daily Journal - October 4th, 2026 [October 4th, 2026]
- The Trump White House Keeps Treating the First Amendment as More of a Suggestion - Balls and Strikes - October 4th, 2026 [October 4th, 2026]
- OPINION: The First Amendment belongs to all of us - DerbyInformer.com - October 4th, 2026 [October 4th, 2026]
- Why the First Amendment is first - The Tryon Daily Bulletin - October 4th, 2026 [October 4th, 2026]
- An attorney with ties to North Dakota is leading a high-stakes First Amendment battle against Trump - kvrr.com - October 4th, 2026 [October 4th, 2026]
- Ousted Publisher Says Hegseth's Pentagon Ordered Him To Fire Journalists, Made Clear 'You Have No First Amendment Rights' - yahoo.com - October 4th, 2026 [October 4th, 2026]
- Man sues Kingsport, police over 2022 arrest, claims First Amendment rights violation - WJHL - September 24th, 2026 [September 24th, 2026]
- Editorial: Trumps news outlet ban stands in opposition to the First Amendment - The Virginian-Pilot - September 24th, 2026 [September 24th, 2026]
- What is the First Amendment and why did 3 news outlets sue Trump? - nbcmiami.com - September 24th, 2026 [September 24th, 2026]
- Dont you just love the First Amendment! - - Smoky Mountain News - September 24th, 2026 [September 24th, 2026]
- Restoring Judicial Review Under the Freedom of Information Act - | Knight First Amendment Institute - September 24th, 2026 [September 24th, 2026]
- CNN, Politico, MS NOW Sue Trump Administration Over White House Access: First Amendment Analysis - Freedom Forum - September 24th, 2026 [September 24th, 2026]
- 251. Newsgathering, the First Amendment, and the White House - One First | Steve Vladeck | Substack - September 24th, 2026 [September 24th, 2026]
- 5 Ways DHS Agents Intimidated Americans Using Their First Amendment Rights - Common Cause - September 24th, 2026 [September 24th, 2026]
- CNN, MS NOW, Politico Sue Over Denied White House Access, Citing First Amendment - WTTW News - September 24th, 2026 [September 24th, 2026]
- Does the presidents White House media ban violate the First Amendment? Lawyer explains - WATE 6 On Your Side - September 24th, 2026 [September 24th, 2026]
- UWEC Professor teaches about first amendment law amid media outlet ban from White House - WEAU - September 24th, 2026 [September 24th, 2026]
- A record number of Americans think the First Amendment goes too far - WAMU - September 24th, 2026 [September 24th, 2026]
- United States: CNN, MS NOW, and Politico file First Amendment lawsuit over White House access ban - ipi.media - September 24th, 2026 [September 24th, 2026]
- Californias Addictive Feeds Law Violates Teens First Amendment Rights - eff.org - September 24th, 2026 [September 24th, 2026]
- On Constitution Day, is the US fumbling the First Amendment? - nmsuroundup.com - September 24th, 2026 [September 24th, 2026]
- Trump has not beaten the First Amendment, try as he might - The Seattle Times - September 24th, 2026 [September 24th, 2026]
- EDITORIAL: President Violates the First Amendment, Mainstream Publications Get a Taste of What the Black Press Has Long Experienced Exclusion - The... - September 24th, 2026 [September 24th, 2026]
- Student journalist sues University of Texas at Dallas for First Amendment violations - Dallas Observer - September 24th, 2026 [September 24th, 2026]
- Detroit Free Press. . First amendment reporter BrieAnna Frank explains how President Trumps ban on several news outlets from the White House will test... - September 24th, 2026 [September 24th, 2026]
- Opinion | Trumps attacks on the First Amendment go well beyond just freedom of the press - ms.now - September 24th, 2026 [September 24th, 2026]
- The Wolf Came As A Wolf: Trump and the First Amendment - Civil Discourse with Joyce Vance - September 24th, 2026 [September 24th, 2026]
- The First Amendment gives Americans a superpower: Petitioning the government to right wrongs - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- The war on terror weakened the first amendment. Now we desperately need it | Jameel Jaffer - The Guardian - September 13th, 2026 [September 13th, 2026]
- CBS Argues First Amendment Protections in Bid to Dismiss Matlock Writer Lawsuit Over Allegedly Racist Comments - The Hollywood Reporter - September 13th, 2026 [September 13th, 2026]
- Kentucky leads 14-state coalition to SCOTUS on First Amendment rights - Eyewitness News (WEHT/WTVW) - September 13th, 2026 [September 13th, 2026]
- The First at 250: A Conversation on the First Amendment - Knight Foundation - September 13th, 2026 [September 13th, 2026]
- The Forever War and the First Amendment, Thu, Sep 10, 2026, 9am - 5pm - Community Calendar - ABC7 New York - September 13th, 2026 [September 13th, 2026]
- Kid Cudi Says First Amendment Protected Firing M.I.A. From Tour, Wants $2.8 Million Lawsuit Tossed - Law Commentary - September 13th, 2026 [September 13th, 2026]
- Police have dual role in protecting public and First Amendment rights | Op-Ed - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- Democrats obliterated the First Amendment right to assembly: RFK Jr - Yahoo - September 13th, 2026 [September 13th, 2026]
- Trump Cant Call Ballots Mail and Escape the First Amendment - Jurist.org - September 8th, 2026 [September 8th, 2026]
- Judge Refuses To Block Pentagon From Firing Stars and Stripes Staffers Over CBS Interview - First Amendment Watch - September 8th, 2026 [September 8th, 2026]
- Uniform doesnt come with First Amendment waiver - oleantimesherald.com - September 8th, 2026 [September 8th, 2026]
- UW to pay $600,000 to professor after losing First Amendment fight over his parody land acknowledgment - Alaska Story - September 8th, 2026 [September 8th, 2026]
- First Amendment auditor convicted of trespassing at Conn. officers home - Police1 - September 8th, 2026 [September 8th, 2026]
- Labor Day: Brought to You by the First Amendment - Freedom Forum - September 8th, 2026 [September 8th, 2026]
- At FIU stop, DeSantis discusses First Amendment rights in wake of federal judge ruling in favor of anti-ICE protesters - WSVN - August 27th, 2026 [August 27th, 2026]
- Commentary: The First Amendment is more than the right to speak - Lake Oswego Review - August 27th, 2026 [August 27th, 2026]
- Trumps Unholy War on the First Amendment - Progressive.org - August 27th, 2026 [August 27th, 2026]
- Stars and Stripes staffers sue Pentagon over firings alleging First Amendment violations - The Independent - August 27th, 2026 [August 27th, 2026]