1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Revise later
SpaceTo flip
If confident
All Flashcards
What was the significance of *Tinker v. Des Moines*?
Ruled students have the right to symbolic speech in schools if it doesn't disrupt the learning environment.
What was the significance of *Schenck v. United States*?
Established the 'clear and present danger' test, limiting speech that endangers public safety during wartime.
What was the central issue in *Tinker v. Des Moines*?
The extent to which students' free speech rights are protected in public schools.
What was the central issue in *Schenck v. United States*?
Whether the Espionage Act violated Schenck's free speech rights during wartime.
What is the lasting impact of *Tinker v. Des Moines*?
It affirmed that students do not shed their constitutional rights at the schoolhouse gate.
What is the lasting impact of *Schenck v. United States*?
It set a precedent for limiting speech during times of national crisis or war.
What was the context of *Tinker v. Des Moines*?
Students protesting the Vietnam War by wearing black armbands to school.
What was the context of *Schenck v. United States*?
Charles Schenck distributing pamphlets against WWI draft, charged under the Espionage Act.
What is the relevance of *Tinker v. Des Moines* today?
It continues to be cited in cases involving student speech and expression in schools.
What is the relevance of *Schenck v. United States* today?
The 'clear and present danger' test is still considered, though modified, in modern free speech cases.
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 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.