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What were the causes and effects of the *Tinker* case?
Cause: Students wore armbands. Effect: Established student speech rights if non-disruptive.
What were the causes and effects of the *Schenck* case?
Cause: Schenck distributed anti-draft pamphlets. Effect: 'Clear and present danger' test established.
What was the effect of the Vietnam War on student speech?
Effect: Increased student activism and legal challenges, like in *Tinker v. Des Moines*.
What was the effect of WWI on free speech?
Effect: Restrictions on speech deemed dangerous to national security, as seen in *Schenck v. US*.
What were the causes of the *Tinker* protest?
Cause: Opposition to the Vietnam War. Effect: Students wearing black armbands.
What were the causes of Schenck's arrest?
Cause: Distributing pamphlets against the draft. Effect: Arrest under the Espionage Act.
What was the effect of the 'clear and present danger' test?
Effect: Allowed government to restrict speech posing immediate threats.
What was the long-term effect of *Tinker*?
Effect: Strengthened student rights, but with limitations for disruption.
What was the long-term effect of *Schenck*?
Effect: Provided a framework for limiting speech during national emergencies.
What was the effect of the Espionage Act on free speech?
Effect: Limited speech that interfered with military operations during wartime.
What is freedom of speech?
The right to express oneself freely without government censorship, including written, spoken, artistic, and symbolic expression.
What is symbolic speech?
Expression through actions and symbols rather than words, often used to convey a political message.
Define 'clear and present danger' test.
A doctrine establishing that speech is not protected if it poses an immediate threat to public safety.
What is censorship?
The suppression or prohibition of speech or expression deemed objectionable or harmful.
Define public order.
The maintenance of peace and security within a society, often balanced against individual freedoms.
What is the First Amendment?
Guarantees rights to freedom of speech, religion, press, assembly, and to petition the government.
What is prior restraint?
Government prohibition of speech or publication before it occurs; generally disfavored in the U.S.
Define incitement to violence.
Speech that encourages or provokes imminent lawless action; not protected by the First Amendment.
What are constitutional rights?
Fundamental rights guaranteed to all individuals by a country's constitution.
What is the Espionage Act?
A law passed during WWI that made it illegal to interfere with military operations or recruitment.
What are the differences between *Tinker* and *Schenck*?
Tinker: Student rights, symbolic speech in schools | Schenck: National security, limits during wartime.
What are the different contexts of *Tinker* and *Schenck*?
Tinker: School environment, student protest | Schenck: Wartime, national security concerns.
What are the different types of speech in *Tinker* and *Schenck*?
Tinker: Symbolic speech (armbands) | Schenck: Written speech (pamphlets).
What are the different standards for limiting speech in *Tinker* and *Schenck*?
Tinker: Substantial disruption | Schenck: Clear and present danger.
How do *Tinker* and *Schenck* view individual rights?
Tinker: Emphasizes student rights | Schenck: Prioritizes national security during wartime.
What are the limitations on speech in *Tinker* and *Schenck*?
Tinker: Limited if it disrupts learning | Schenck: Limited if it poses a 'clear and present danger'.
What is the focus of speech in *Tinker* and *Schenck*?
Tinker: Focuses on student expression | Schenck: Focuses on speech impacting national security.
What is the setting of speech in *Tinker* and *Schenck*?
Tinker: Setting is a public school | Schenck: Setting is during wartime.
What is the impact on society of *Tinker* and *Schenck*?
Tinker: Impact on student rights | Schenck: Impact on wartime speech limitations.
What is the balance between rights and order in *Tinker* and *Schenck*?
Tinker: Balance between student expression and school order | Schenck: Balance between free speech and national security.