All Flashcards
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.
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 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.