Freedom of Speech SCOTUS Cases

Question 1

Schenck v. United States (1919): Facts/background

Answer 1

• During the First World War, Charles Schenck, Secretary of the Socialist Party, printed thousands of anti-draft pamphlets, with the intent to distribute them to men about to be drafted
• Schenck was convicted under the Espionage Act of 1917, and later appealed his conviction, stating his conviction violated the 1st Amendment’s Free Speech clause

Question 2

Schenck v. United States (1919): Constitutional clause

Answer 2

Free speech clause

Question 3

Schenck v. United States (1919): Holding

Answer 3

• In an unanimous holding, the Court held that Schenck’s conviction was constitutional as his speech presented a “clear and present danger”
• Since his pamphlets encouraged men not to join the military and/or to ignore their drafting, he put the U.S. Military in danger, and, in extension, the United States. Therefore, his speech was not protected

Question 4

Tinker v. Des Moines (1969): Facts/background

Answer 4

• In 1965, students Mary Beth Tinker, her brother John Tinker, their friend Christopher Eckhardt, and others wore black armbands to their school to protest the Vietnam War
• The students were suspended, as the school claimed the armbands could lead to disruption in the classroom

Question 5

Tinker v. Des Moines (1969): Constitutional clause

Answer 5

Free speech clause

Question 6

Tinker v. Des Moines (1969): Holding

Answer 6

• In a 7-2 holding, the Court held that because the armbands did not cause a disruption in the school environment, they therefore represented constitutionally protected symbolic speech