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 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]
- Man arrested at Berkeley County gas station says his First Amendment rights were violated - Live 5 News - August 27th, 2026 [August 27th, 2026]
- Composer-Pianist Vijay Iyer to Perform at The Forever War Symposium - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- How Do We Aggressively Lobby for Press Freedom Legislation in a Post-Trump World? - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- Federal judge says FIU violated first amendment rights of anti-ICE student protesters - Creative Loafing Tampa - August 27th, 2026 [August 27th, 2026]
- Trump Sued for Selling Early Access to Truth Social Posts: First Amendment Analysis - Freedom Forum - August 22nd, 2026 [August 22nd, 2026]
- Students, ACLU argue FIU violated First Amendment rights after doling out punishments for ICE protests - WSVN - August 22nd, 2026 [August 22nd, 2026]
- Did this field trip to a mosque violate the First Amendment? A group of Palo Alto parents think so. - The Forward - August 22nd, 2026 [August 22nd, 2026]
- Second Circuit Says You Have a First Amendment Right to Film Police in Public - Fstoppers - August 22nd, 2026 [August 22nd, 2026]
- Column: Lets celebrate ALL of the First Amendment, not part - The Daily Tar Heel - August 22nd, 2026 [August 22nd, 2026]
- Jury Says The New York Times Defamed Alabama Basketball Player With Incorrect Story About Shooting - First Amendment Watch - August 22nd, 2026 [August 22nd, 2026]
- Disney and ABC filed a First Amendment lawsuit against the FCC - Morning Brew - August 22nd, 2026 [August 22nd, 2026]
- Five Standout Claims In ABCs First Amendment Lawsuit Against The FCC - Deadline - August 22nd, 2026 [August 22nd, 2026]
- Judge weighs First Amendment case involving FIU student protest - CBS News - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC claiming first amendment violation - WBKO - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC over license reviews, citing First Amendment rights - WRTV - August 22nd, 2026 [August 22nd, 2026]
- Rich Lenkov on murder trials, cocaine trafficking, and a First Amendment showdown - WGN Radio 720 - August 22nd, 2026 [August 22nd, 2026]
- FCC Boss Brendan Carr Says Disneys First Amendment Lawsuit Is Without Merit - Media Play News - August 22nd, 2026 [August 22nd, 2026]
- Judge Plans October Hearing In ABCs First Amendment Lawsuit Against FCC, Says It Will Be Sooner If Agency Takes Action On Licenses - Yahoo - August 22nd, 2026 [August 22nd, 2026]
- Antithesis of Our First Amendment: Families Ask Supreme Court to Toss Texas Ten Commandments Law - Alaska Native News - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - IMDb - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - Just Jared - August 22nd, 2026 [August 22nd, 2026]
- Disney Takes on Trump: Can ABC Win Its First Amendment Suit Against the FCC? | Analysis - IMDb - August 22nd, 2026 [August 22nd, 2026]
- First Amendment group rebukes San Joaquin RTD director over threat to sue public critics - Stocktonia - August 14th, 2026 [August 14th, 2026]
- Does the First Amendment Protect Freedom From Religion? - First Liberty Institute - August 14th, 2026 [August 14th, 2026]
- Opinion | Trumps attack on a think tank is an affront to the First Amendment - The Washington Post - August 14th, 2026 [August 14th, 2026]
- Dining hall workers union sues ASU, alleging First Amendment violations - The State Press - August 14th, 2026 [August 14th, 2026]
- ACLU-SC to SC Arts Commission: Respect the First Amendment - ACLU of South Carolina - August 14th, 2026 [August 14th, 2026]
- How does the First Amendment govern liability for AI? - Free Speech Center - August 14th, 2026 [August 14th, 2026]
- Judge Orders Massachusetts Sheriff To Hand ICE Detainee Records to ACLU - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Masked men practicing First Amendment right to video in public antagonize residents at post office in Pleasanton - Pleasanton Weekly - August 14th, 2026 [August 14th, 2026]
- How the First Amendment protects our 5 freedoms and why its in danger - The Seattle Times - August 14th, 2026 [August 14th, 2026]
- Dining hall workers suing ASU over First Amendment right to protest working conditions - KTAR News 92.3 FM - August 14th, 2026 [August 14th, 2026]
- Lawsuit Seeks To Ban Trump Media From Charging for Early Access to Presidents Posts on US Policy - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Judge Dismisses Trump Administration Lawsuit Alleging Antisemitism at Harvard University - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Meta To SCOTUS: Addiction Suits Barred By First Amendment, Section 230 - Yahoo - August 14th, 2026 [August 14th, 2026]
- Another Colorado Attack on the First Amendment Goes to the Supreme Court - Independence Institute - August 14th, 2026 [August 14th, 2026]
- Masked ICE Agent Pulls Gun on Virginia Driver Who Says She Was Exercising First Amendment Rights - National Enquirer - August 14th, 2026 [August 14th, 2026]
- Flag on the play: First Amendment problems with NIL regulation - FIRE | Foundation for Individual Rights and Expression - July 21st, 2026 [July 21st, 2026]
- Removal of CLARITY Acts Section 604 Could Spark First Amendment Battle, Industry Executives Warn - Cryptonews.net - July 21st, 2026 [July 21st, 2026]
- The Forever War and the First Amendment - | Knight First Amendment Institute - July 18th, 2026 [July 18th, 2026]
- Judge dismisses Chelan County deputies' claim that Morrison violated their First Amendment rights - The Wenatchee World - July 18th, 2026 [July 18th, 2026]
- INDIVIDUAL RIGHTS7th Cir.: Former Chicago firefighter cannot revive First Amendment claims involving racist Facebook posts - VitalLaw.com - July 18th, 2026 [July 18th, 2026]
- AI Chatbots Are at Risk of Spreading Government Restrictions on Online Speech, a New Study Says - First Amendment Watch - July 18th, 2026 [July 18th, 2026]
- Viral video at Pride protest prompts Fort Worth police to review First Amendment rights training - WFAA - July 16th, 2026 [July 16th, 2026]
- A New Jersey Judge Defies the First Amendment by Censoring News Coverage of a High School Lockdown - Yahoo - July 16th, 2026 [July 16th, 2026]
- 'They're Violating My First Amendment Right': A Video of a Man Being Removed From a Public Park During Arab Fest Is Dividing X - The Daily Dot - July 16th, 2026 [July 16th, 2026]
- DOJ weighs civil rights probe into Fort Worth police over alleged First Amendment violations - Fox News - July 16th, 2026 [July 16th, 2026]
- Human Rights Groups Sue Over Trump Administrations Sanctions on ICC for Investigations Into Israel - First Amendment Watch - July 16th, 2026 [July 16th, 2026]
- First Amendment Discussion with Journalists and Legal Experts Set for July 21 at National Press Club - PR Newswire - July 16th, 2026 [July 16th, 2026]
- When Speech or Association Undercuts the Mission: A First Amendment Guide for Law Enforcement Agencies - States United Democracy Center - July 16th, 2026 [July 16th, 2026]
- Elon professors join FCC filing on First Amendment, broadcast journalism - Elon University - July 16th, 2026 [July 16th, 2026]
- Letter to the Editor: SCC School Board must respect the First Amendment - baldwin-bulletin.com - July 16th, 2026 [July 16th, 2026]
- Subpoenas Issued to NY Times Reporters Seen as Unprecedented Threat To Press Freedom - First Amendment Watch - July 16th, 2026 [July 16th, 2026]
- Florida Government Weekly Roundup: Crossing The First Amendment - NorthEscambia.com - July 16th, 2026 [July 16th, 2026]
- David Schwartz invokes First Amendment to defend XRP sports ads - Cryptonews.net - July 16th, 2026 [July 16th, 2026]
- First Amendment Protects Universities From Florida's Stop WOKE Act - Reason Magazine - July 16th, 2026 [July 16th, 2026]
- Warwick tries to bar critic from disclosing information obtained in First Amendment suit - The Boston Globe - July 9th, 2026 [July 9th, 2026]
- South Milwaukee Orders Residents to Take Down Whimsical Skeleton Display, a Violation of Their First Amendment Rights - The Institute for Justice - July 9th, 2026 [July 9th, 2026]
- ABC Fights Back Against FCC Regulators in Dispute Over The View and Equal Time Rules - First Amendment Watch - July 9th, 2026 [July 9th, 2026]
- How does the First Amendment apply to AI regulation in hiring and health care? - FIRE | Foundation for Individual Rights and Expression - July 9th, 2026 [July 9th, 2026]
- Judge Orders E. Jean Carroll Be Paid $5.8M in Trump Sex Abuse and Defamation Case; Trump Appeals - First Amendment Watch - July 9th, 2026 [July 9th, 2026]