A. In the case of Schenck v. United States, the Supreme Court interpreted Schenck's argument by determining that his First Amendment rights were not absolute and could be limited when they posed a "clear and present danger" to the government's legitimate interests. The court concluded that Schenck's actions of distributing fliers urging resistance to the draft were not protected under the First Amendment because they presented a clear danger to the nation's recruitment efforts during wartime.
B. Two other cases involving the First Amendment are:
1. Tinker v. Des Moines Independent Community School District (1969): In this case, students were suspended for wearing black armbands in protest of the Vietnam War. The Supreme Court ruled that students' First Amendment rights do not end at the school gates and that they retain their rights to freedom of speech as long as it does not cause substantial disruption to the school environment.
2. Citizens United v. Federal Election Commission (2010): This case involved a nonprofit organization called Citizens United, which funded the production and airing of a film critical of Hillary Clinton during the 2008 presidential campaign. The Supreme Court held that the government cannot restrict the independent political spending by corporations, associations, or labor unions, citing First Amendment protections for free speech.
C. The implications of the cases referenced in parts A and B for contemporary free speech issues, such as the NFL football players refusing to stand during the national anthem, are highly debatable. While the Schenck decision established the "clear and present danger" test, it has been criticized for its limitation on free speech rights during times of national security concerns. It serves as a reminder that the government can impose restrictions on speech if it poses a direct threat.
Regarding the cases of Tinker v. Des Moines and Citizens United, they are more recent decisions that have expanded individuals' speech rights in specific contexts. These cases support the argument that individuals have the right to free speech in public schools and that corporations and organizations have the right to engage in political speech.
In the context of NFL players refusing to stand during the national anthem, the debate revolves around whether it is a protected form of symbolic speech or whether it can be limited by private employers, such as the NFL. The courts would need to balance the players' First Amendment rights with the NFL's authority to regulate conduct in the workplace.
Overall, these cases demonstrate that the interpretation of First Amendment rights is subject to evolving standards and that there is a constant struggle to strike a balance between protecting free speech and maintaining social order.
When Charles Schenck decided to hand out fliers urging resistance to the draft put in place as the United States was entering World War 1 in 1917, he was arrested and charged with violating the Espionage Act. The government claimed that he was working to obstruct recruitment. Schenck, however, took the matter to the Supreme Court arguing that his First Amendment right were being violated.
A. based on the excerpt from the courts decision in Schenk v. United States, explain how the court interpreted his argument.
B. Identify at least two other cases where the First Amendment was involved and explain how they were different.
C, Discuss the implications of cases referenced in parts A and B for contemporary free speech issues, such as the NFL football players refusing to stand during the national anthem at the start of football game.
1 answer
6 answers