2ND BELL RINGER AP Government: Shank v. United States

What law did Charles Shank violate by distributing pamphlets against the draft?

• The Patriot Act

• The Sedition Act

• The Espionage Act

• The Civil Rights Act

What amendment did Charles Shank invoke to argue against the draft in his pamphlets?

• Thirteenth Amendment

• Fourteenth Amendment

• Second Amendment

• First Amendment

What historical context led to the passing of the Espionage Act?

• The Vietnam War

• World War I

• World War II

• The Cold War

What was the Supreme Court's decision regarding Shank's First Amendment claim?

• They agreed with Shank

• They did not address the First Amendment

• They disagreed with Shank

• They sent the case back to a lower court

According to the Supreme Court, why was Shank's speech not protected under the First Amendment?

• It was offensive

• It encouraged illegal actions

• It was false

• It was irrelevant

What does the Supreme Court's decision in Shank v. United States illustrate about free speech during wartime?

• It has the same protections as in peacetime

• It is not protected at all

• It is more protected

• It is less protected

What legal test did Justice Holmes introduce in his opinion?

• The imminent lawless action test

• The reasonable doubt test

• The actual malice test

• The clear and present danger test

What analogy did Justice Holmes use to explain the limits of free speech?

• Protesting in a no-protest zone

• Burning the American flag

• Refusing to salute the flag

• Yelling 'fire' in a crowded theater

What does the 'Brandenburg test' focus on when assessing speech?

• The intent and likelihood to incite lawless action

• The content of the speech

• The speaker's nationality

• The location where the speech occurred

Why is the 'Brandenburg test' considered to set a higher standard than the 'clear and present danger' test?

• It is easier to apply

• It allows more speech to be protected

• It restricts more speech

• It applies only in wartime