Freedom of Speech

In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas City Hall in protest to Reagan administration policies. He was tried and convicted under a Texas law that prohibited people from desecrating a respected object. The case eventually went to the Supreme Court, which ruled in a 5-4 decision that Johnson had not violated the Constitution. Which of the following constitutional provisions does the case described in the scenario have in common with Tinker v. Des Moines (1969)?

Freedom of speech clause (In both the case described and Tinker v. Des Moines (1969), the Court ruled based on whether the state is violating a form of symbolic speech protected under the First Amendment.)

Which of the following scenarios is an example of how a state can restrict protected speech under the First Amendment?

New York passes a law banning groups from staging protests in major highways during rush hour traffic (The Supreme Court has ruled that the government can place reasonable restrictions on the time, place, and manner of protected speech.)

"The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." Justice Oliver Wendell Holmes Jr. Supporters of Justice Holmes's argument could point to which of the following cases?

Schenck v. United States (1919) (In Schenck v. United States, Holmes argued that the First Amendment does not protect speech creating a "clear and present danger.")

Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment?

A group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a Voter ID law (The Supreme Court has ruled that the government can place reasonable restrictions on the time, place, and manner of protected speech. These restrictions cannot reference the content of the protected speech and must also be tailored to meet a specific government interest.)

Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?

A man is charged with a crime for displaying an American flag with a taped peace symbol on it (This is a real case that made it to the Supreme Court! In Spence v. Washington (1974), the Court ruled that the flag was symbolic speech and that the state had violated the man's First Amendment rights by arresting him.)

Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a symbolic speech case?

A man who was arrested for waving a Nazi flag at a rally (Forms of nonverbal speech, like flag waving, are considered "symbolic speech.")

Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?

A public school district bans students from wearing t-shirts supporting presidential candidates before an election (Wearing political t-shirts is a form of symbolic speech. The Supreme Court case Tinker v. Des Moines (1969) ruled that symbolic speech is protected by the First Amendment.)

Which of the following scenarios is an example of how the federal government can restrict protected speech under the First Amendment?

The Federal Communications Commission (FCC) makes a rule requiring television networks to use an automated beep when a vulgar word is said on broadcast television (The Supreme Court has held that the government can regulate defamatory, offensive, and obscene statements and gestures, including indecent language.)

"The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students." Justice Abe Fortas Which of the following Supreme Court cases is most relevant to the topic of the passage?

Tinker v. Des Moines (1969) (This case concerned students wearing black armbands, a form of symbolic speech, to protest the Vietnam War.)

W.A Rogers, "Now for a round-up," 1918. Cartoon depicting Uncle Sam rounding up men labeled "Spy" and "Traitor," while a flag reading "Sedition Law Passed" flies over the US Capitol. Source: Library of Congress Which of the following Supreme Court cases is most relevant to the topic of the cartoon?

Schenck v. United States (1919) (The flag reading "Sedition Law Passed" refers to a law that made it illegal for a person to speak about the war effort in a negative light. The Court decided in Schenck v. United States (1919) that speech that creates a "clear and present" danger is not protected under the First Amendment.)

Which of the following is an accurate comparison of the two court cases? Schenck v. United States (1919)Tinker v. Des Moines (1969) a) Political spending is a form of protected speech and The right of privacy extends to a woman's decision to have an abortion b) Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime and School sponsorship of religious activities violates the establishment clause c) The US government cannot block the publication of secret government documents and Compelling Amish students to attend school past the eighth grade violates the free exercise clause d) Speech creating a "clear and present danger" is not protected by the First Amendment and Public school students have the right to wear black armbands to protest the Vietnam War

d) Speech creating a "clear and present danger" is not protected by the First Amendment and Public school students have the right to wear black armbands to protest the Vietnam War (Schenck v. United States upheld limits to the First Amendment, while Tinker v. Des Moines affirmed that the First Amendment protects symbolic speech.)

Which of the following is an accurate comparison of the two court cases? Schenck v. United States (1919)Tinker v. Des Moines (1969) a) Ruled that the federal government had violated the due process clause of the Fifth Amendment and Ruled that the state had violated the freedom of speech clause of the First Amendment b) Applied the First Amendment to the states and Decided that the Supreme Court can declare a law unconstitutional c) Declared that the federal government can restrict certain types of speech if the words create a "clear and present danger" and Declared that wearing a black armband to protest the Vietnam War was a form of symbolic speech d) Led to an increase in power for the national government to restrict freedom of speech and Led to an increase in state power to restrict freedom of speech

c) Declared that the federal government can restrict certain types of speech if the words create a "clear and present danger" and Declared that wearing a black armband to protest the Vietnam War was a form of symbolic speech (Great job! Schenck upheld limits to the First Amendment, while Tinker affirmed that the First Amendment protects symbolic speech.)