Schenck v. United States AP Gov Quiz: First Amendment Limitations

📚 Quick Study Guide: Schenck v. United States (1919)

• ⚖️ Case Overview: Charles Schenck, a Socialist Party general secretary, distributed leaflets during WWI opposing the draft. He was charged under the Espionage Act of 1917.
• 📜 Constitutional Question: Did Schenck's conviction under the Espionage Act for distributing leaflets violate his First Amendment right to freedom of speech?
• 🏛️ Court's Decision: Unanimous (9-0) decision against Schenck. The Court upheld his conviction, ruling that his speech was not protected by the First Amendment.
• 🔥 Key Precedent: Established the "clear and present danger" test. Justice Oliver Wendell Holmes Jr. famously stated that speech that creates a "clear and present danger" of substantive evils that Congress has a right to prevent is not protected.
• 🗣️ Analogy: The most famous analogy from the case is that the First Amendment does not protect a person "falsely shouting fire in a theatre and causing a panic."
• ⏳ Context: This case was decided during wartime, which significantly influenced the Court's interpretation of free speech limitations.
• ➡️ Later Developments: The "clear and present danger" test was later refined and largely replaced by the "imminent lawless action" test (Brandenburg v. Ohio, 1969), which offers broader protection for speech.

🧠 Practice Quiz: First Amendment Limitations

1. What was the central legal question in Schenck v. United States?

1. Did the Espionage Act of 1917 violate the Tenth Amendment?
2. Did Schenck's actions constitute a violation of the Fifth Amendment?
3. Did Schenck's conviction for distributing anti-draft leaflets violate his First Amendment rights?
4. Was the Espionage Act an unconstitutional overreach of federal power?

2. Which legal test was established by the Supreme Court's decision in Schenck v. United States?

1. The "lemon test"
2. The "imminent lawless action" test
3. The "undue burden" test
4. The "clear and present danger" test

3. Who wrote the unanimous opinion for the Supreme Court in Schenck v. United States?

1. Chief Justice John Marshall
2. Justice Ruth Bader Ginsburg
3. Justice Oliver Wendell Holmes Jr.
4. Justice Louis Brandeis

4. The famous analogy about "falsely shouting fire in a theatre" was used in Schenck v. United States to illustrate what concept?

1. The importance of freedom of assembly.
2. That some speech, under certain circumstances, is not protected by the First Amendment.
3. The government's power to regulate public safety.
4. The difference between slander and libel.

5. What was the primary reason Charles Schenck was distributing leaflets?

1. To promote a new political party.
2. To protest the draft during World War I.
3. To advocate for workers' rights.
4. To criticize the Supreme Court's decisions.

6. The ruling in Schenck v. United States demonstrates that the First Amendment's protection of speech is:

1. Absolute and without any limitations.
2. Limited, especially during times of war or national crisis.
3. Applicable only to political speech.
4. Determined solely by public opinion.

7. Which later Supreme Court case largely replaced the "clear and present danger" test with a more speech-protective standard?

1. Marbury v. Madison (1803)
2. Tinker v. Des Moines (1969)
3. New York Times Co. v. Sullivan (1964)
4. Brandenburg v. Ohio (1969)