Chapter 3.3 Flashcards
To what extent does the Supreme Court's interpretation of freedom of speech reflect a commitment to indivisual liberty?
Symbolic Speech
Nonverbal, nonwritten forms of communication. (Flag burning, wearing armbands, etc.)
What was the question in Tinker v. Des Moines?
Does a public school ban on students wearing armbands in symbolic, political protest violate a student’s 1st amendment freedom of speech?
Give background for Tinker v. Des Moines.
Students wore armbands and fasted in protest of the Vietnam War. The school tried to get the students to remove the armbands, and then suspended them when they refused. The student’s parents sued on grounds of free speech violation.
What was the ruling in Tinker v. Des Moines?
Yes, for Tinker, 7:2. Nothing shows that there was a disruption. The right to symbolic speech overrides a potential disruption. Kids don’t leave the right to free speech at the school house door.
Obscene Language
The 1st amendment doesn’t protect it and there is no national standard that defines it.
Miller v. California
Marvin Miller promoted adult materials and people complained. Obscenity standards were modified.
The Miller Test
The average person applying contemporary community standards find it appeals to the prurient interest.
Displays offensive sexual content contrary to state law.
Lacks serious literary, artistic, political, or scientific value.
What was the question in Shenck v. United States?
Does the government’s prosecution and punishment for expressing opposition to the military draft during wartime violate the 1st amendment’s free speech clause?
Give background for Shenck v. United States.
The 1917 Sedition and Espionage Acts prevented publications insulting the government, advocating treason, or indicated disloyalty in military. Shenck wrote anti-draft pamphlets saying that the draft violated the 13th amendment. Shenck was convicted and he appealed to the Supreme Court.
What was the ruling for Shenck v. United States?
No, for United States, 9:0. The pamphlet should not have been allowed to be published. There was a clear and present danger from the pamphlet.
