Question

Which of the following is an accurate comparison of the two court cases?

Schenck v. United States (1919)Tinker v. Des Moines (1969)

a) Political spending is a form of protected speech and The right of privacy extends to a woman's decision to have an abortion

b) Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime and School sponsorship of religious activities violates the establishment clause

c) The US government cannot block the publication of secret government documents and Compelling Amish students to attend school past the eighth grade violates the free exercise clause

d) Speech creating a "clear and present danger" is not protected by the First Amendment and Public school students have the right to wear black armbands to protest the Vietnam War

Answer 1

The Schenck v. United States ruling established that speech posing a 'clear and present danger' is not protected under the First Amendment, while Tinker v. Des Moines confirmed students' rights to engage in symbolic speech, such as wearing armbands in protest, at public schools.

Step-by-step explanation:

The accurate comparison of the two court cases, Schenck v. United States (1919) and Tinker v. Des Moines (1969), are as follows:

• In Schenck v. United States, the Supreme Court determined that speech creating a "clear and present danger" is not protected by the First Amendment.
• In Tinker v. Des Moines, the Supreme Court ruled that public school students have the right to wear black armbands to protest the Vietnam War, which is a form of symbolic speech protected under the First Amendment.

These decisions reflect the adaptability of First Amendment protections depending on the context of the speech, and underscore the importance of political speech and students' rights in the public school system.