Excerpt from Schenker v. United States
Use the passage to answer the question
When Charles schenck decided to hand out fliers urging resistance to the draft put in place as the United States of entering World war 1 in 1917 he was arrested and charged with violating the espionage act the government claimed that he was working to obstruct recruitment Schenker however took the matter to the supreme court arguing that his first amendment rights were being violated
A. Based on the excerpt from the courts decision in Schenker v. United States explain how the court interpreted his argument
B. Identify at least two other cases where the first amendment was involved and explain how they were different
C. Discuss the implications of case referenced in part a and b for contemporary free speech issues such as the NFL football players refusing to stand during the national anthem at the start of football game
A. In the case of Schenck v. United States, the Supreme Court interpreted Charles Schenck's argument by stating that his First Amendment rights were not absolute. The Court considered that the circumstances surrounding the distribution of the fliers, which urged resistance to the draft during a time of war, posed a clear and present danger to the country. The Court ruled against Schenck, stating that the government had the right to limit his First Amendment rights in order to protect national security.
B. Two other cases where the First Amendment was involved are Tinker v. Des Moines (1969) and Texas v. Johnson (1989). In Tinker v. Des Moines, students were suspended for wearing black armbands to protest the Vietnam War. The Supreme Court ruled in favor of the students, stating that their symbolic speech was protected under the First Amendment. In Texas v. Johnson, a man was arrested for burning an American flag during a protest. The Supreme Court ruled in favor of Johnson, stating that flag burning was protected under the First Amendment as a form of freedom of expression.
C. The case of Schenck v. United States established the clear and present danger test, which limits free speech when it poses a threat to national security. This case has implications for contemporary free speech issues such as the NFL football players refusing to stand during the national anthem. According to the clear and present danger test, if the government can demonstrate that the players' protest poses a clear and present danger to national security or public safety, their First Amendment rights to free speech may be limited. However, if the protest is seen as a peaceful expression of their views and does not pose a clear and present danger, their First Amendment rights should be protected. The cases of Tinker v. Des Moines and Texas v. Johnson further support the idea that symbolic speech and expressive acts are protected forms of free speech, as long as they do not harm or endanger others.