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
- Future of First Amendment: FIU to host 'Free Speech: A Florida Dialogue' with Georgetown University - WLRN - April 5th, 2026 [April 5th, 2026]
- Hollywood Stars Join Together to Defend the First Amendment - The Progressive - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump violated First Amendment by ordering defunding of NPR and PBS - KUOW - April 5th, 2026 [April 5th, 2026]
- Lemon Pound Cake and the First Amendment - jdsupra.com - April 5th, 2026 [April 5th, 2026]
- Citing First Amendment, federal judge blocks Trump order to end funding for NPR and PBS - nbcmiami.com - April 5th, 2026 [April 5th, 2026]
- Getting to Know You: Imprisoned for Exercising her First Amendment Rights She Now Speaks Truth to Power - morningsentinel.com - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump's public media order violated First Amendment. Here's what that means for KOSU - KOSU - April 5th, 2026 [April 5th, 2026]
- Aspen Public Radio and co-plaintiffs win federal case against Trump Administration, proclaiming a win for the First Amendment - KHOL 89.1 FM - April 5th, 2026 [April 5th, 2026]
- Federal judge cites First Amendment in blocking Trump order to end funding to NPR and PBS - Colorado Public Radio - April 5th, 2026 [April 5th, 2026]
- Opinion | The Supreme Court repels an egregious assault on the First Amendment - washingtonpost.com - April 5th, 2026 [April 5th, 2026]
- In Counseling Case, the Supreme Court Sides with the First Amendment - nationalreview.com - April 5th, 2026 [April 5th, 2026]
- REACTION: Supreme Court Affirms Therapy as SpeechA Major First Amendment Victory - Minding The Campus - April 5th, 2026 [April 5th, 2026]
- BIZARRE: The First Amendment should be banned - northernstar.info - April 5th, 2026 [April 5th, 2026]
- EDITORIAL: A victory for the First Amendment at the high court - Las Vegas Review-Journal - April 5th, 2026 [April 5th, 2026]
- TV station megamerger is a threat to First Amendment freedoms (Editorial) - Daily Camera - April 5th, 2026 [April 5th, 2026]
- Monroe County woman sues sheriff, claiming arrest over Facebook post violated First Amendment rights - WBIR - April 5th, 2026 [April 5th, 2026]
- Supreme Court overturns ban on so-called 'conversion therapy' on First Amendment grounds - Fox News - April 5th, 2026 [April 5th, 2026]
- Donald Trump Violated First Amendment With This Action, Says US Judge - Yahoo - April 5th, 2026 [April 5th, 2026]
- No First Amendment for some immigrant journalists or sources, govt says - Freedom of the Press Foundation - March 26th, 2026 [March 26th, 2026]
- Protesting in Tennessee, what are your First Amendment rights? - The Tennessean - March 26th, 2026 [March 26th, 2026]
- First Amendment lawsuit seeks to end Nashuas policy of requiring name and address during public comment - New Hampshire Public Radio - March 26th, 2026 [March 26th, 2026]
- First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian - | Knight First Amendment Institute - March 26th, 2026 [March 26th, 2026]
- Does a Public Actor Have the Right to Anonymity? Animal Research and Wider First Amendment Implications - Harvard Law School - March 26th, 2026 [March 26th, 2026]
- Halo zone around police, ICE nears final passage as Dems voice First Amendment concerns - News From The States - March 26th, 2026 [March 26th, 2026]
- Bravo to students who use the First Amendment - The Campanile - March 26th, 2026 [March 26th, 2026]
- Supreme Court revives First Amendment lawsuit from street preacher who called concertgoers whores, Jezebels and sissies - CNN - March 26th, 2026 [March 26th, 2026]
- The next AI fight: Do the chatbots have First Amendment rights? - qz.com - March 26th, 2026 [March 26th, 2026]
- Judge strikes down restrictive Pentagon press policy, finding it violates First Amendment - CBS News - March 26th, 2026 [March 26th, 2026]
- Gianforte Administration Reverses Permit Guidelines, Allows Weekend Events at the State Capitol - First Amendment Watch - March 26th, 2026 [March 26th, 2026]
- A call for US companies to follow the First Amendment: Ross Kerber - TradingView - March 26th, 2026 [March 26th, 2026]
- Students sue University of Alabama over suspension of campus magazines, claim First Amendment breach - rocketcitynow.com - March 26th, 2026 [March 26th, 2026]
- Students raise concerns over Kansas Senate bill that limits First Amendment right to protest - Kansas Reflector - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee For The First Amendment On Brendan Carr Threats - Deadline - March 17th, 2026 [March 17th, 2026]
- This is the issue with doing counterterrorism in a 'First Amendment society': Paul Mauro - Fox News - March 17th, 2026 [March 17th, 2026]
- A Media-Rating Company Says a Trump Agency Is Threatening Its Livelihood - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Feds Move To Dismiss Charges Against Army Veteran Who Burned American Flag Near White House - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee for the First Amendment issued a response to FCC Chair Brendan Carr's threats against broadcasters' coverage of Iran. Read more... - March 17th, 2026 [March 17th, 2026]
- On MSNOW, Angelo Carusone discusses grave First Amendment consequences of the Trump administration trying to control major media organizations - Media... - March 17th, 2026 [March 17th, 2026]
- Diddy Appeals Conviction Claiming Freak-Offs Protected by First Amendment - That Grape Juice.net - March 17th, 2026 [March 17th, 2026]
- Raja Ramaswamy Column: We should protect the First Amendment like we do the Second - reporter.net - March 17th, 2026 [March 17th, 2026]
- The Recap: Trump squashes First Amendment, and another state could flip blue - Daily Kos - March 15th, 2026 [March 15th, 2026]
- In Fox News Op-Ed, Mahmoud Khalil Urges Americans To Defend The First Amendment - Yahoo - March 15th, 2026 [March 15th, 2026]
- Sheriff Grady Judd says troll crossed lines of First Amendment in threats made to Kaitlin Bennett - Yahoo - March 15th, 2026 [March 15th, 2026]
- The Fate of the First Amendment - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Attacking the First Amendment on Repeat - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Humanities Hub leads a week of celebrating First Amendment rights and history - Clemson News - March 15th, 2026 [March 15th, 2026]
- Free Expression and the Rights of Non-Citizens - | Knight First Amendment Institute - March 15th, 2026 [March 15th, 2026]
- Former ACLU president speaks with Trojans about intricacies of the First Amendment and free speech - USC Today - March 15th, 2026 [March 15th, 2026]
- AU holds 2026 Future of the First Amendment Lecture on Tuesday - WJBF - March 15th, 2026 [March 15th, 2026]
- INDIVIDUAL RIGHTS5th Cir.: Principal not immune from teachers First Amendment claims over pre-attendance prayer ban - VitalLaw.com - March 15th, 2026 [March 15th, 2026]
- First amendment quote - Pea Ridge Times - March 15th, 2026 [March 15th, 2026]
- Stanford Daily First Amendment suit against Trump admin moves toward final ruling - The Mercury News - March 15th, 2026 [March 15th, 2026]
- Diddy Reiterates Claim Freak-Offs Were Protected by First Amendment in New Appeal Brief - Complex - March 15th, 2026 [March 15th, 2026]
- Steve Bertrands acceptance speech for Lifetime Achievement Award at the RTDNA First Amendment Awards - WGN Radio 720 - March 15th, 2026 [March 15th, 2026]
- Legal Battle Between Anthropic, Trump Admin Could Have Major First Amendment Implications, Experts Say - National Review - March 15th, 2026 [March 15th, 2026]
- Kansas Senate votes to subvert students First Amendment right to join public protests - Kansas Reflector - March 7th, 2026 [March 7th, 2026]
- The Infrastructure of Free Expression - | Knight First Amendment Institute - March 7th, 2026 [March 7th, 2026]
- Editorial: Know the First Amendment rights - The Shorthorn - March 7th, 2026 [March 7th, 2026]
- After Abandoning Law Firm Executive Orders, Trump Administration Reverses Course and Pursues Fight - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- Federal Judge Blocks Florida Governors Foreign Terrorist Label of Muslim Groups - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- You cant celebrate the First Amendment with Donald Trump - Media Matters for America - March 7th, 2026 [March 7th, 2026]
- Mamdanis thin-skinned press secretary blocks social media comments a clear First Amendment violation, critics say - New York Post - February 26th, 2026 [February 26th, 2026]
- A Childrens Book Writer Clashed With Trump. Now Shes Defending The First Amendment - SheKnows - February 26th, 2026 [February 26th, 2026]
- Christian nationalism threatens First Amendment freedoms: The right to worship any way you desire - MS NOW - February 26th, 2026 [February 26th, 2026]
- Age Limits on Bodybuilding Supplements: Inside the First Amendment Battle for Teen Health - Live Media News - February 26th, 2026 [February 26th, 2026]
- Sorry FTC, the First Amendment Trumps Antitrust Law - RealClearMarkets - February 26th, 2026 [February 26th, 2026]
- Letter: Utah bill targeting protesters is a frontal assault on First Amendment rights - The Salt Lake Tribune - February 22nd, 2026 [February 22nd, 2026]
- First Amendment Troops The ResistDance - Dance Magazine - February 22nd, 2026 [February 22nd, 2026]
- Gov. Hochuls crackdown on AI-generated political speech wont pass the First Amendment test - New York Post - February 22nd, 2026 [February 22nd, 2026]
- Utah bill cracking down on protests criticized as invasion of our First Amendment rights - Utah News Dispatch - February 22nd, 2026 [February 22nd, 2026]
- The First Amendment in flux - The Minnesota Daily - February 22nd, 2026 [February 22nd, 2026]
- Attorney William Brewer on New Yorks Even Year Election Law and the First Amendment - First Amendment Watch - February 22nd, 2026 [February 22nd, 2026]
- Supporting and Implementing Truth as a Free Speech Value - | Knight First Amendment Institute - February 22nd, 2026 [February 22nd, 2026]
- Editorial: Reading between the lines of the First Amendment - TribLIVE.com - February 22nd, 2026 [February 22nd, 2026]
- Press Release: Representative Dave Min Raises First Amendment Concerns in Letter to FCC Chairman - Quiver Quantitative - February 22nd, 2026 [February 22nd, 2026]
- In a Scorching Order, Federal Judge Rejects Trumps Attempt to Trample the First Amendment and Rewrite Americas Antebellum Past - Ms. Magazine - February 22nd, 2026 [February 22nd, 2026]
- The Anti-Homelessness Plot Against the First Amendment - The New Republic - February 14th, 2026 [February 14th, 2026]
- In the News: Thomas Berg on Competing First Amendment Rights - Newsroom | University of St. Thomas - February 14th, 2026 [February 14th, 2026]
- New Knight Institute Initiative to Focus on Reconstructing Free Expression After Trump - | Knight First Amendment Institute - February 14th, 2026 [February 14th, 2026]
- Two Universities. Two Posters. One First Amendment Problem. - FIRE | Foundation for Individual Rights and Expression - February 14th, 2026 [February 14th, 2026]