Supreme Court Cases-Amendment 1

Question 1

What is the dispute in the Schenck v. United States (1919) case?

Answer 1

Schenck was charged with attempting to encourage military insubordination and impede enlistment in violation of the 1917 Espionage Act

Question 2

What was the outcome of Schenck v. United States (1919) case?

Answer 2

The Supreme Court developed the famous “clear and present danger” rule to assess when a state might legitimately limit an individual’s First Amendment free speech rights

Question 3

How does the decision made due to the Schenck v. United States (1919) case, impact people not directly related to the parties in the case?

Answer 3

The goal was to identify whether a state could constitutionally limit an individual’s First Amendment free speech rights

Question 4

What amendment/portion of the Constitution or law does the Schenck v. United States (1919) case pertain to?

Answer 4

The First Amendment

Question 5

Does the Fourteenth Amendment relate to the Schenck v. United States (1919) case, which clause of the Fourteenth Amendment?

Answer 5

The 14th amendment states that no state shall pass or enforce any law that restricts the privileges or freedoms of citizens of the United States. In this case, we see the Citizenship Clause and the Privileges or Immunities Clause

Question 6

Is Schenck v. United States an incorporation case?

Answer 6

No, it is not