Question

Identify a constitutional provision that is common to both Terminiello v. Chicago (1949) and Schenck v. United States (1919). Based on the constitutional clause identified in part A, explain why the facts of Terminiello v. Chicago led to a different holding than the holding in Schenck v. United States. Explain how an interest group could use the holding in Terminiello v. Chicago to further its agenda.

Answer 1

The constitutional provision that is common to the  Terminiello v. Chicago and Schenck v. United States is the Free speech clause.

The case in Terminiello V. Chicago was due to the fact that a Catholic priest had made some remarks that were considered to be inflammatory.

The Schenck v. United States was a case that involved two citizens that shared leaflets that encouraged people not to agree to be drafted by the military.

How an interest group could use the Terminiello v. Chicago to further its agenda.

Interest groups may want to cause disputes and further their agenda by trying to safe guard the interest of the public with the assurance that the 14th amendment covers them.

Read more on the free speech clause here:

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