QUESTION IMAGE
Question
though the outcomes of tinker and schenck differed, which best describes what these court decisions have in common?
they agreed that political expression could be restricted.
they agreed that libel was not protected speech.
they agreed that symbolic speech could be protected.
they agreed that speech rights could be limited to protect safety.
Brief Explanations
- In Schenck v. United States (1919), the Supreme Court held that speech could be restricted if it posed a "clear and present danger," like falsely shouting fire in a theater. This was during WWI, and Schenck's anti - draft leaflets were seen as a threat to national safety.
- In Tinker v. Des Moines (1969), students wore black armbands to protest the Vietnam War. The Court said this symbolic speech (armbands) was protected as it didn't disrupt school operations. But the underlying principle is that speech rights aren't absolute. If, for example, the armbands had caused a major disruption (a safety concern), the outcome might be different. Both cases recognize that speech rights can be limited when there are legitimate safety - related concerns.
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They agreed that speech rights could be limited to protect safety.