Schenck v. United States (1919)

amemndments
Written By Jonathan Milner

Definition

Schenck v. United States (1919) was a landmark U.S. Supreme Court decision that defined and limited First Amendment rights. If speech is intended to result in a crime, and there is a clear and present danger that it actually will result in a crime, the First Amendment does not protect the speaker from government action. This case set up the Clear and Present Danger Doctrine, which despite the First Amendment’s protection of speech, allows dangerous speech to be regulated by the U.S. government.

Example

 
 

Questions

  1. What Amendment does Schenck v. U.S. involve?

  2. What does Schenck v. U.S. limit?

  3. What were some of the most important details of Schenck v. U.S.?

  4. What is the Clear and Present Danger Doctrine?

  5. Use Schenck v. U.S. un a sentence of your own design.

  6. Turn Schenck v. U.S. into an emoji?

  7. What exactly does The First Amendment actually say about freedom of speech?

  8. What would change if Schenck v. U.S. were overturned by the current Supreme Court?

  9. How does Schenck v. U.S. illustrate the concept of judicial review?

  10. Do you agree with the ruling in Schenck v. U.S.?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw Schenck v. U.S.! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

Glossary

Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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McCulloch v. Maryland (1819)
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Declaration of Independence