3.3 First Amendment: Freedom of Speech

The balance between order and individual freedoms are also expressed in the freedom of speech clause. The AP exam will test your knowledge of these related court cases--Tinker v. Des Moines Independent Community School District (1969) and Schenck v. United States (1919).

In Tinker v. Des Moines Independent Community School District (1969), a teenager named John Tinker wore a black armband in order to protest the Vietnam war. Tinker was suspended for this action but the ACLU, the American Civil Liberties Union, helped him to take the case to the Supreme Court. The court ruled that children in public schools were utilizing symbolic speech, protected under the First Amendment, and it allows students to express their speech in schools.

Schenck v. United States (1919) involved Charles Schenck, a Socialist, who was arrested for handing out pamphlets telling men to not enlist in WW1. Schneck was convicted for violating the Espionage Act of 1917 which made opposition of the US entering WW1 a treasonable offense. Schneck’s attorney argued that the Espionage Act of 1917 violated the First Amendment of free speech. However, the Supreme Court ruled that Scheck’s actions were not protected free speech. 

The Schenck v. United States (1919) also led to the clear and present danger test. This test limits the First Amendment rights in order to protect the lives of American citizens. A good example of this is when Justice Oliver Wendell Holmes argued that falsely screaming “fire!” in a crowded theatre is not protected speech because it would cause immense panic.