Schenck v US (Free Speech)

1. What was Justice Holmes’ main argument  in the Court’s opinion in Schenck? Do you agree with the Court’s opinion?   

Justice Holmes's main argument in the court's opinion in Schneck was that the words printed in the leaflets were not protected under the freedom of speech during wartime. I very much disagree with this opinion because, although wartime and the draft were a time where nationalism should've been increasing, of course there's going to be people who do not conform to something that is forcing people to risk their lives. it's understood that everyone should be supportive of something the government puts into play, but just because someone has a different opinion then those in the government shouldn't mean they get in trouble for it, and of course this should be protected under the first amendment, 

2. Do you think some limits on the freedom of speech are necessary? Explain. (Use your own opinion and support it using information from the reading.)     
Of course there should be some limits on freedom of speech, but at the same time, certain limits are not to be put into place. For example, because students wore black bands during the Vietnam war, to protest it, that is in no way a fair reason to be suspended, that's not putting anyone in danger, it's simply having the freedom of speech. With this being said, limitations on the first amendment should be placed if it is putting a person or group of people in danger. If someone was hang=ding out leaflets that said, "kill the president" then this would obviously be something that shouldn't be protected by the first amendment, but if something is just getting one's point across and they're expressing themselves then it should not have limitation placed on it.
3. List three examples of the "historical impact" of the Schenck decision. 

You can burn the American flag- This was decided in an 1989 court case, Texas vs. Johnson, many were outraged at this possibly because it was so controversial, and because of this simply being a some type of hate crime against America. 
readmission of students ho had been suspended- In 1969 in the case of tinker vs des moines decided that students who had been suspended from their school because of wearing and anti war band that they must be readmitted.
People jailed for supporting communism- in the 1950's people ere being jailed for supporting communism, a controversial issue, such as this, would reach the supreme court, just as many cases now a days. The first amendment is still being used some 200 years later in court.