Final for PLSI 552 Con Law Question and answers already passed
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Final for PLSI 552 Con Law Question and answers already passed
Schenck v. United States 249 U.S. 47 (1919) - correct answer [Anti-draft leaflets]
General Secretary of Socialist Party, mailed leaflets urging resistance to the draft. Charged with violating Espionage Act.
Issue: Whether his ...
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Final for PLSI 552 Con Law Question
and answers already passed
Schenck v. United States 249 U.S. 47 (1919) - correct answer ✔[Anti-draft
leaflets]
General Secretary of Socialist Party, mailed leaflets urging resistance to the
draft. Charged with violating Espionage Act.
Issue: Whether his actions are protected by the free speech clause of the 1st
Amendment?
Holding: No. Didn't actually interfere with the draft, but it was during wartime.
Can regulate speech if it creates a clear and present danger.
"Clear and Present Danger" Test - correct answer ✔If the words used in
circumstances and are of such a nature as to create a clear and present
danger that they will bring about the problems the law is aimed to prevent.
Content + Context.
"Bad Tendency" Test - correct answer ✔Regulating speech on the potential,
even remote, of harm resulting.
Do the words have a tendency to bring about evil consequences?
Gitlow v. New York 268 U.S. 652 (1925) - correct answer ✔Socialist arrested
for distributing a "left-wing manifesto," violating state's criminal anarchy law.
Issue: Whether the statute deprived the defendant of his liberty of expression
in violation of the due process clause.
,Holding: Yes, 1st applies to states by due process through 14th. The
Manifesto is the language of direct incitement and urging to action.
Establishes test: a state may forbid speech and publication if they have a
tendency to result in action dangerous to public security, even though such
utterances create no clear and present danger.
Preferred Freedoms Test - correct answer ✔The judiciary will apply special
scrutiny to laws that appear to restrict freedom of expression, especially as
those laws related to the articulation of unpopular political views.
Dennis v. United States, 341 U.S. 494 (1951) - correct answer ✔11 leaders
of Nat'l Board of the Communist Part were indicted for violating the Smith Act
(conspiring to teach/advocate the overthrow of the gov. by force)
Issue: whether Smith Act's restrictions violate the 1st Amendment?
Held: No, upheld conviction. Within power of Congress to prohibit acts
intended to overthrow gov. by force/violence. Established Clear & Present
Danger Test.
1st Amendment - correct answer ✔"Congress shall make no law...abridging
thefreedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances."
"Clear and Probable Danger" Test - correct answer ✔Est. in Dennis v. United
States (1951)
Absolute Freedoms Test - correct answer ✔Justice Douglas' view: Congress
shall "make no law" means NO LAW.
, Brandenburg v. Ohio, 395 U.S. 444 (1969) - correct answer ✔[KKK Hate
Speech]
KKK leader made a speech at a Klan rally; convicted under state criminal
syndicalism law.
Issue: whether state's law, prohibiting public speech advocating illegal
activities violate _______'s right to free speech?
H: Yes, violated. Created two-prong "Brandenburg test" to evaluate speech
acts. 1. Speech can be prohibited if it is directed at inciting or producing
imminent lawless action, and 2. it is likely to incite or produce such action.
Brandenburg Test - correct answer ✔If the advocacy is directed to inciting or
producing imminent
lawless action and is likely to incite or produce such action, the
State can prohibit the speech. [Current Test].
Free Speech Considerations - correct answer ✔Generally, the Court has
taken the position that the degree of protection offered by the First
Amendment varies according to:
1.) Nature of the speech.
2.) Place where speech occurs.
3.) Interests the Government is pursuing.
4.) Kind of regulation Government imposes.
"Nature" of Free Speech Considerations - correct answer ✔The Court gives
the highest priority to speech directed at political and social issues.
Political speech receives (in essence) "strict scrutiny" protection.
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