schenck v. united states & tinker v. des moines independent community school district

what was the final decision for schenck v u.s.?

"clear and present danger" to speech can be limited

what was the majority opinion for tinker v des moines?

- 1st amendment protected speech - 14th amendment protects citizens from state - the actions did not cause any harm or disruption - action represented symbolic speech

what were some arguments for the petitioner? (schenck v u.s.)

- 1st amendment protects speech - a fundamental right can never be taken away - after the act, the individual is protected

what are some arguments for the petitioner? (tinker v des moines)

- 1st amendment protects speech - symbolic speech is protected

what are some facts for the schenck v us case?

- espionage act of 1917 makes it illegal to stop people from joining the military - schenck sent 15,000 fliers to military-aged men - flier stated "long live the constitution" and urged the men to resist joining

what are some arguments for the respondent? (tinker v des moines)

- free speech is not an absolute right - schools can limit "disruptive" behavior

what were some arguments for the respondent? (schenck v u.s.)

- speech is "threatening" and can be restricted - during war, it is important to have soldiers and as a result, harmful speech can be limited

what are some facts for the tinker v des moines case?

- students wore 2 inch black armbands to school to show opposition to the vietnam war - students were sent home from school and told they could only come back without the armbands - first amendment right was violated

what was the constitutional issue for schenck v u.s.?

1st amendment - freedom of speech

what was the constitutional issue for tinker v des moines?

1st amendment - freedom of speech

who was the respondent in tinker v des moines?

des moines community school district

what was the court question for tinker v des moines?

does prohibition against wearing armbands in public school as a form of symbolic speech violate students freedom of speech?

was there a precedent for the case? (schenck v u.s.)

no

who was the petitioner for schenck v u.s.?

schenck

what was the final decision in tinker v des moines?

symbolic speech is protected but schools can limit speech

who was the petitioner in tinker v des moines?

tinker

who was the respondent for schenck v u.s.?

u.s.

what there a precedent for the case? (tinker v des moines)

yes, west virginia state board of education v barnette