Tinker v Des Moines and Schneck v US

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South College *

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1302

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Political Science

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Jan 9, 2024

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docx

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3

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Case Study Student Template Topic Explanation I. Name of the Case: Schench v. United States II. Facts of the Case: During World War I, Charles Schench and Elizabeth Baer distributed leaflets declaring that the draft violated the Thirteenth Amendment prohibition against involuntary servitude. The leaflets urged the public to disobey the draft, but advised only peaceful action. Schench was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. Shenck and Baer were convicted of violating this law and appealed on the grounds that the statute violated the First Amendment. III. Basic Constitutional Issue (Question/ Provision/ Clause) Did Schenck's conviction under the Espionage Act for criticizing the draft violate his First Amendment right to freedom of speech? IV. Arguments (Petitioner and Respondent): The Free Speech Clause of the First Amendment does not shield advocacy urging conduct deemed unlawful under the Espionage Act V. Decision (Ruling/Holding): The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority VI. Impact of the Court’s Decision Courts owed greater deference to the government during wartime, even when constitutional rights were at stake. Holmes concluded that the First Amendment does not protect speech that approaches creating a clear and present danger of a signicant evil that Congress has power to prevent. VII. Select a Companion case: (explain the case and similarities/differences.) Abrams v. United States: Jacob Abrams was convicted of violating the Espionage Act for publishing materials advocating a general strike, something that would diminish weapon production for the War. VIII. Dissenting Opinions Unanimous Decision Name: Date: AP GOV SCOTUS CASE
Case Study Student Template Topic Explanation I. Name of the Case: Tinker v. Des Moines II. Facts of the Case: A group of Des Moines students decided to wear black armbands throughout the holiday season showing their public support for a truce in the Vietnam war. The principals of the Des Moines school learned of the plan and met on December 14 to create a policy that stated that any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension. Mary Beth Tinker, Christopher Eckhardt, and John Tinker wore their arm bands to school and were sent home. Through their parents, the students sued the school district for violating the students’ tight of expression and sought an injunction to prevent the school from disciplining students. III. Basic Constitutional Issue (Question/ Provision/ Clause) Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? IV. Arguments (Petitioner and Respondent): The First Amendment does not grant the right to express any opinion at any time. V. Decision (Ruling/Holding): The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. VI. Impact of the Court’s Decision The First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process . VII. Select a Companion case: (explain the case and similarities/differences.) Hazelwood v. Kuhlmeier: the precedent set from Tinker v. Des Moines decided that school officials cannot censor student speech unless it materially and substantially disrupts the educational process was used
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