Civil liberties

Question 1

Schenk v U.S.

Answer 1

Schenk arrested for distributing fliers urging draft age men to resist

SCOTUS ruled that free speech could be limited if it presented a “Clear and Present Danger”

Question 2

Tinker v Des Moines Independent School District

Answer 2

Tinker sibs and others wore black arm bands to school to protest the Vietnam War

SCOTUS recognized 1st amendment rights of students at public schools
-established the TINKER TEST - substantial disruption

Question 3

Watts v United States

Answer 3

Watts was arrested at a protest for making threats against the president

SCOTUS held that free speech - even harsh political speech - is protected

Watts Factors to determine if speech is protected or political

Question 4

Brandenburg v Ohio

Answer 4

KKK member convicted under OH state law

SCOTUS overturned it b/c it violated his 1st amendment right
-speech can only be restricted if it’s aimed at indicting “Imminent Lawless Action”

Question 5

New Jersey v TLO

Answer 5

TLO was searched after being caught smoking

SCOTUS ruled that school officials can conduct a warrantless search if they have a reasonable suspicion
- don’t need probable cause

Question 6

Bethel School District No 403 v Fraser

Answer 6

SCOTUS said schools can limit speech that is LEWD and DISRUPTIVE

Question 7

Hazelwood School District v Kuhlmeier

Answer 7

involved a school newspaper

SCOTUS said that schools can limit speech that could be seen as reflecting the school’s view