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