Background/Core

Question 1

Schenck v. United States (1919)

Answer 1

Clear and Present Danger, Espionage Act, Mailed Literature Criticizing the Draft

Question 2

Abrams v. United States (1919)

Answer 2

Clear and Present Danger, Espionage Act, Leaflets

Question 3

Masses Publishing Co. v. Patten (1917)

Answer 3

Speech critical of the government (Masses Revolutionary Journal) cannot be prohibited unless it incites violence.

Question 4

Gitlow v. New York (1925)

Answer 4

Socialist Manifesto, Police Power to Regulate Speech is constitutional unless it is exercised unreasonable or arbitrarily.

Question 5

Whitney v. California (1927)

Answer 5

Communist Labor Party Convention, Association, States can prohibit speech when it represents a clear and present danger of inciting to crime, disturbing the public peace, or threatening the overthrow of government by unlawful means.

Question 6

Dennis v. United States

Answer 6

Communist Party, Smith Act, Advocating for Overthrowing the Government by Force and Violence, Clear and Present Danger, Balancing the Gravity of the Potential Evil with the Probability of the Harm Occuring

Question 7

Brandenburg v. Ohio

Answer 7

Ku Klux Klan, Speech Intended and Likely to Incite Imminent Illegal Activity can be Regulated, Abstract Teaching of a Need to Resort to Force or Violence cannot be Regulated