Glossary
Clear and Present Danger Test
A legal standard established in *Schenck v. United States* to determine when speech can be limited. Speech is not protected if it creates an immediate and substantial threat of harm.
Example:
During wartime, distributing leaflets that directly encourage insubordination in the military could be deemed unprotected under the clear and present danger test.
First Amendment
The first amendment to the U.S. Constitution that protects fundamental rights such as freedom of speech, religion, press, assembly, and petition. It prevents the government from infringing upon these individual liberties.
Example:
A student organizing a peaceful protest against school policy is exercising their rights under the First Amendment.
Freedom of Speech
A fundamental right protected by the First Amendment that allows individuals to express their thoughts and opinions without government censorship or undue restriction. This right is not absolute and has limitations.
Example:
During a town hall meeting, a citizen stands up to voice their concerns about a new local ordinance, demonstrating their freedom of speech.
Schenck v. United States (1919)
A landmark Supreme Court case that established the 'clear and present danger' test for limiting free speech. The Court ruled that speech can be restricted if it poses an immediate and significant threat to public safety or national security.
Example:
The decision in Schenck v. United States set a precedent that prevents someone from falsely shouting 'fire' in a crowded theater, as it creates a direct and immediate danger.
Symbolic Speech
Nonverbal communication that expresses an idea or opinion, protected under the First Amendment. It involves actions or symbols rather than spoken or written words.
Example:
Wearing a specific color ribbon to raise awareness for a cause is an act of symbolic speech.
Tinker v. Des Moines (1969)
A landmark Supreme Court case that affirmed students' rights to symbolic speech in public schools. The Court ruled that students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.'
Example:
The ruling in Tinker v. Des Moines means that students can wear a shirt supporting a political candidate to school, as long as it doesn't cause a substantial disruption.