Free Response 1st Amendment Freedom Of Speech Flashcards
Background info on schenck vs us
During World War I, a person was passing out pamphlets, encouraging young men to disobey the draft and was convicted and arrested for doing so
Questions court had to decide
Did the arrested conviction violate his freedom of speech?
Ruling of the case
The Supreme Court ruled against him because the 1st amendment doesn’t protect speech that projects a clear and present danger that Congress has the power to prevent
Background info for New York Times versus United States
The government tried to prevent newspapers from publishing stolen classified documents, arguing that it was necessary for protecting national security
Questions Court had to decide
Is preventing the newspapers from publishing the info a violation of freedom of press 1st amendment
Ruling of New York Times versus US
Newspapers can publish materials under freedom of the press 1st amendment because Gov couldn’t prove a threat national security
Background info for Tinker versus Des Moines
High school students were suspended for refusing to takeoff arm bands in protest of Vietnam war
Question court had to decide
Was suspending students for not removing arm bands violation, freedom of speech, first amendment
Ruling of the court
Under freedom speech 1st amendment students had the right to wear arm bands at school schools can only stop free speech when it disrupts function
Background info for citizens United versus FEC
Interest group was blocked from airing an anti-Hillary Clinton movie during her campaign for president
Questions court had to decide
Can corporations and unions can use their general functions to express political views under freedom of speech 1st amendment
Ruling of citizens United versus SEC
Corporations are people therefore have free speech first amendment and independent expenditures are protected
