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
- The Alex Pretti shooting and the growing strain on the First Amendment - FIRE | Foundation for Individual Rights and Expression - January 26th, 2026 [January 26th, 2026]
- Opinion | Jack Smith is in First Amendment denial about trying to gag Trump - The Washington Post - January 26th, 2026 [January 26th, 2026]
- Are you protesting? Here's what to know about your rights to protest under the First Amendment. - tallahassee.com - January 26th, 2026 [January 26th, 2026]
- Anti-ICE protesters disrupted worship in a Minnesota church. Heres why the First Amendment doesnt protect their actions. - FIRE | Foundation for... - January 26th, 2026 [January 26th, 2026]
- CARTOONS: What the First Amendment doesnt protect | Drawing Board | Opinion - reviewjournal.com - January 26th, 2026 [January 26th, 2026]
- OPINION In these crazy times: The First Amendment will outlive Trump - windycitytimes.com - January 26th, 2026 [January 26th, 2026]
- Man Is Shot and Killed During Minneapolis Immigration Crackdown, National Guard Activated - First Amendment Watch - January 26th, 2026 [January 26th, 2026]
- Perspective: When First Amendment rights collide with immigration enforcement - Deseret News - January 20th, 2026 [January 20th, 2026]
- Walking Brain Injury: Conservatives Mock Don Lemon for Claiming First Amendment Right to Storm Church - Mediaite - January 20th, 2026 [January 20th, 2026]
- LETTER FROM THE EDITOR: Using First Amendment rights responsibly... - Columbia Basin Herald - January 20th, 2026 [January 20th, 2026]
- ICE clashes with the First Amendment | Strictly Legal - Cincinnati Enquirer - January 20th, 2026 [January 20th, 2026]
- Ex-NAACP Leader Jim Vincent to Headline Inaugural Bankole Thompson First Amendment Lecture - FrontPageAfrica - January 20th, 2026 [January 20th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - yoursun.com - January 20th, 2026 [January 20th, 2026]
- VICTORY: Jury finds Tennessee high school students suspension for sharing memes violated the First Amendment - FIRE | Foundation for Individual Rights... - January 16th, 2026 [January 16th, 2026]
- Opinion | The Post and the First Amendment - The Washington Post - January 16th, 2026 [January 16th, 2026]
- So Much for Free Speech. A Year of Trumps Attacks on the First Amendment - Zeteo | Substack - January 16th, 2026 [January 16th, 2026]
- Houlahan and Bicameral Group Of Democrats Introduce Bill To Protect First Amendment Rights, Safeguard Americans From Politically Motivated Harassment... - January 16th, 2026 [January 16th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - Suncoast Searchlight - January 16th, 2026 [January 16th, 2026]
- ACLU and City of Rose Bud reach settlement protecting First Amendment right to petition - thv11.com - January 16th, 2026 [January 16th, 2026]
- First Amendment cases are rising. FSU Law is rising to the occasion - FSView & Florida Flambeau - January 16th, 2026 [January 16th, 2026]
- Press Freedom Advocates Worry That Raid on Washington Post Journalists Home Will Chill Reporting - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Pierce County Journal - January 16th, 2026 [January 16th, 2026]
- Democrats Say Trump Administration Is Investigating Them Over Video Message to Troops - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Coshocton Schools accused of violating First Amendment after teacher leads prayer - NBC4 WCMH-TV - January 16th, 2026 [January 16th, 2026]
- His SC hometown blocked him on Facebook after critical comment. He filed a First Amendment lawsuit. - Post and Courier - January 16th, 2026 [January 16th, 2026]
- Letters: Americans should not face death for exercising their First Amendment rights - Reporter-Herald - January 16th, 2026 [January 16th, 2026]
- Federal judge rules Creston teacher's first amendment rights were violated - KMAland.com - January 16th, 2026 [January 16th, 2026]
- Press Release: Murphy and Crow Introduce Bill to Safeguard First Amendment Rights and Combat Politically Motivated Harassment - Quiver Quantitative - January 16th, 2026 [January 16th, 2026]
- New Yorks Anti-SLAPP Act: An Unnecessary Chill on the First Amendment Right to Petition - Law.com - January 14th, 2026 [January 14th, 2026]
- Minnesota and the Twin Cities Sue the Federal Government To Stop the Immigration Crackdown - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- Man Convicted for Carrying Pelosis Podium During US Capitol Riot Seeks Florida County Office - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- 'At issue is the public right of access': First Amendment group savages Mar-a-Lago judge for 'incorrect' ruling over Jack Smith report, urges appeals... - January 11th, 2026 [January 11th, 2026]
- NYS AG: "Most extensive" First Amendment reforms ever approved in Saratoga Springs - WRGB - January 9th, 2026 [January 9th, 2026]
- Opinion | Jack Smith would have blown a hole in the First Amendment - The Washington Post - January 9th, 2026 [January 9th, 2026]
- Court rules University of Washington violated professors First Amendment rights - Campus Reform - January 9th, 2026 [January 9th, 2026]
- Law's Jonathan Entin and Eric Chaffee on first amendment rights and social media access for children - Case Western Reserve University - January 9th, 2026 [January 9th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Milwaukee Community Journal - - January 9th, 2026 [January 9th, 2026]
- Voting rights, First Amendment issues expected to be battles in Pierre - SDPB - January 9th, 2026 [January 9th, 2026]
- Teachers First Amendment rights - theacorn.com - January 9th, 2026 [January 9th, 2026]
- OPINION: The First Amendment and peacefully protesting - Big Rapids Pioneer - January 9th, 2026 [January 9th, 2026]
- Appeals court reviews excluded texts and alleged First Amendment claim in Tucker medicalmalpractice appeal - Citizen Portal AI - January 9th, 2026 [January 9th, 2026]
- Sen. Mark Kelly vows to fight for First Amendment amid Pentagon threats - USA Today - January 9th, 2026 [January 9th, 2026]
- Musk's X is joining a First Amendment fight over trans bathroom photo - USA Today - December 31st, 2025 [December 31st, 2025]
- Filming ICE agents is a First Amendment right. So why might it land you in jail? - Straight Arrow News - December 31st, 2025 [December 31st, 2025]
- Liberties Year in Review: First Amendment victories - wng.org - December 31st, 2025 [December 31st, 2025]
- Trump Administration Will Appeal Judges Order Reversing Federal Funding Cuts at Harvard - First Amendment Watch - December 25th, 2025 [December 25th, 2025]
- Housing, tourism and the First Amendment: Nevada editors reflect on the news year that was 2025 - KNPR - December 25th, 2025 [December 25th, 2025]
- FCC fights First Amendment and democracy itself - mronline.org - December 25th, 2025 [December 25th, 2025]
- First Amendment Stories of 2025: A Year in Review - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Trump tests the First Amendment: A timeline - CNN - December 22nd, 2025 [December 22nd, 2025]
- Professor Sanctioned by University for a Satirical Land Acknowledgment Wins First Amendment Case on Appeal - The New York Sun - December 22nd, 2025 [December 22nd, 2025]
- Trump Sues the BBC: First Amendment Analysis - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Madisons Lost First Amendment: The Mission Statement that Never Was - Jurist.org - December 22nd, 2025 [December 22nd, 2025]
- Let them sue: Iowa lawmakers scoffed at First Amendment in wake of Charlie Kirk shooting, records show - FIRE | Foundation for Individual Rights and... - December 22nd, 2025 [December 22nd, 2025]
- Pastor alleges Tarrant County judge violated First Amendment by removing him from meeting - Fort Worth Report - December 22nd, 2025 [December 22nd, 2025]
- Yes, the First Amendment Applies to Non-Citizens Present in the United States - Reason Magazine - December 22nd, 2025 [December 22nd, 2025]
- Gingrich: Going After People Who Have Been Radicalized Requires Rethinking Parts Of The First Amendment - Real Clear Politics - December 16th, 2025 [December 16th, 2025]
- [VIDEO] Jane Fonda Revives the Committee for the First Amendment - ACLU of Southern California - December 16th, 2025 [December 16th, 2025]
- Does The First Amendment Protect Supposedly Addictive Algorithms? - Hoover Institution - December 16th, 2025 [December 16th, 2025]
- Stop the gatekeeping. The First Amendment is for all of us - Freedom of the Press Foundation - December 16th, 2025 [December 16th, 2025]
- Why 'online speech is messy' when it comes to the First Amendment - WUSF - December 16th, 2025 [December 16th, 2025]
- Puerto Rico Governor Signs Bill That Critics Say Will Restrict Access to Public Information - First Amendment Watch - December 16th, 2025 [December 16th, 2025]
- How a Gossip Blogger Became the Poster Child for First Amendment Rights | On the Media - WNYC Studios | Podcasts - December 12th, 2025 [December 12th, 2025]
- JD Vance floats First Amendment 'exception' to ban '6-7' - Fox News - December 12th, 2025 [December 12th, 2025]
- Free speech advocates rally to support FIREs defense of First Amendment protections for drag shows - FIRE | Foundation for Individual Rights and... - December 12th, 2025 [December 12th, 2025]
- Law's Andrew Geronimo discusses political websites and the first amendment - Case Western Reserve University - December 12th, 2025 [December 12th, 2025]
- Texas runs afoul of the First Amendment with new limits on faculty course materials - FIRE | Foundation for Individual Rights and Expression - December 12th, 2025 [December 12th, 2025]
- First Amendment expert weighs in on new University of Florida neutrality policy - WCJB - December 12th, 2025 [December 12th, 2025]
- Public libraries in TX, LA, and MS are no longer protected by the First Amendment. - Literary Hub - December 12th, 2025 [December 12th, 2025]
- Congressman Murphy introduces bills to fortify First Amendment rights on college campuses - WCTI - December 12th, 2025 [December 12th, 2025]
- Oregon lawsuit accuses Trump admin of chilling First Amendment rights during ICE protests - KOIN.com - December 12th, 2025 [December 12th, 2025]
- The Man Accused of Killing Charlie Kirk Appears in Court for 1st Time as a Judge Weighs Media Access - First Amendment Watch - December 12th, 2025 [December 12th, 2025]
- ICEBlock App Maker Sues Trump Administration Over Its Pressure on Apple To Remove App - First Amendment Watch - December 12th, 2025 [December 12th, 2025]
- Federal judge to hear arguments on motion in professor's First Amendment lawsuit against UT - WBIR - December 12th, 2025 [December 12th, 2025]
- Inside the First Amendment fight over how Los Angeles polices words - USA Today - November 30th, 2025 [November 30th, 2025]
- Brands, bands, trademarks and the First Amendment - The Global Legal Post - November 30th, 2025 [November 30th, 2025]
- First Amendment in flux: When free-speech protections came up against the Red Scare - Free Speech Center - November 30th, 2025 [November 30th, 2025]
- The Pentagon and the FBI are investigating 6 legislators for exercising their First Amendment rights - Reason Magazine - November 30th, 2025 [November 30th, 2025]
- Corporations Say Its Their First Amendment Right To Hide - The Lever - November 30th, 2025 [November 30th, 2025]
- Campus Crackdown on the First Amendment - Folio Weekly - November 30th, 2025 [November 30th, 2025]