Freedom of Speech Flashcards
Schenck v. U.S. (1919)
During World War I, Schenck passed out publications to draftees, urging them to peacefully petition to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment. Supreme Court ruled that Schenck could be convicted of an attempt to obstruct the draft, a criminal offense. This created the “clear and present danger doctrine”. It requires the context and consequences of the words.
Gitlow v. New York (1925)
Gitlow, a socialist, was arrested for distributing copies of a “left-wing manifesto” that called for the establishment of socialism, convicted because he was advocating overthrow of the government. The Supreme Court made the bad tendency test, The legislature may decide that an entire class of speech is so dangerous that it should be prohibited. Those legislative decisions will be upheld if not unreasonable, and the defendant will be punished even if her speech created no danger at all.
Tinker v. Des Moines (1969)
A group of high school students wore a black armband to show their distaste of the war in Vietnam. The principal of the school suspended them from school, the students sued the school district for violating the students’ right of expression. Supreme Court decided that armbands did not disrupt the ongoing of class and it was the first case that showed students are protected by the Constitution
Citizens United v. Federal Election Commission (2010)
Case dealing with the regulation of campaign spending by organizations
Chaplinsky v. New Hampshire (1942)
Chaplinsky, a Jehovah’s Witness, called a city marshal a “God-damned racketeer” and “a damned fascist” in a public place. He was arrested and convicted under a state law for violating a breach of the peace. The Supreme Court upheld the decision due to the “fighting words doctrine”
