Background:  WWI, Schenck passed out circulars to convince others draft was wrong.

Question: Protected by 1st A?

Ruling" No, shows clear and present danger during wartime. Famous example of "fire" in a theatre.

Background: gitlow, a socialist, was arrested for distributing copies of a left-wing manifesty in NY.

Question: Does the NY law punishing the advocacy of overthorwing the government violate 1st Amendment?

Ruling: Incorporates 1st A, but states can use the "dangerous tendency" test. Gitlow's conviction was upheld.

Background: Palko found guilty of 2nd degree murder, then CT appealed and found him guilty of 1st degree murder and sentenced him to death.

Question: does his conviction violate the 5th A (double jeopardy) and does the 5th A apply to the states?

Ruling: SCOTUS upheld Palko's second conviction.  The 5th A was not a fundamental right. (Not incorporated) Overturned by Benton v MD 1968.

Background: Two Jehovah's Witness school children were forced to salute the flag.  

Question: Does this volate the Establishment Clause of the 1st A?

Outcome: ruled in favor of school district because national unity was more important than the students' rights. Overturned by WV State Board of Ed v Barnette in 1943

Background: Everyone required to honor the flag.

Question: Did the compulsory flag-salute for public schoolchildren violate the 1st A?

Outcome" Yes it does, overturned Minersville v Gobitis