Posted: March 7th, 2016

In Schenck v. United States, how did Justice Holmes interpret the First Amendment?

1. In Schenck v. United States, how did Justice Holmes interpret the First Amendment? Do you agree or disagree with his approach? Why?
2. In West Virginia State Board of Ed. v. Barnette, in what sense did Justice Jackson maintain that democracy is more than rule by popular majorities? What are the limits of majority rule?
3. In California v. Miller, Chief Justice Burger believed it would be unrealistic to insist on a single, uniform, national standard to evaluate offensive material. Instead, he advocated the use of diverse standards developed by the local communities involved.
4. What limits, if any, should government be able to impose on a free press in a democratic society? Has the concept of a free press and what it should be allowed to do changed because of the Internet? What is the responsibility of that free press in a technological, inter connected, democratic society?