Understanding First Amendment Law: Free Speech Protections & Controversies, Study notes of Law

An engaging lesson plan on the first amendment, focusing on free speech protections and controversies. Students will learn about the goals and objectives of studying first amendment law, the scope of free speech rights, and the difference between protected and unprotected speech. The lesson includes classroom methods such as an attention-grabbing video, a discussion on a current issue, and an opinion poll activity. Students will be encouraged to articulate their opinions and engage in civil debate.

Typology: Study notes

2012/2013

Uploaded on 01/17/2013

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Lesson: Introduction to First Amendment law (free speech opinion poll)
I. Goals: Studying First Amendment law (with a focus on free speech) helps
students:
a. Understand the basic protections the First Amendment provides to
individuals.
b. Understand the scope of those rights, with a particular focus on free
speech.
c. Realize that reasonable minds may often differ when considering how far
individual rights should extend.
II. Objectives
a. Knowledge Objectives – as a result of this class, students will be better
able to:
i. Understand that the First Amendment applies to both the federal
and state governments.
ii. Understand that the First Amendment does not absolutely protect
all speech; there is a difference between protected and unprotected
speech.
iii. Understand that there are still unresolved questions regarding the
scope of some First Amendment protections, and that even
“settled” questions about First Amendment law can be
controversial.
b. Skills Objectivesas a result of this class, students will be better able to:
i. Invoke the free speech protections of the First Amendment where
appropriate.
ii. Articulate their opinions and the reasons behind them.
iii. Engage in civil, reasoned debate with their peers.
c. Attitude Objectivesas a result of this class, students will feel:
i. That the First Amendment protects a wide variety of speech –
including a lot that the government or the majority of individuals
might find offensive.
ii. That the law is not absolute; there are shades of gray and spaces
for debate inherent in many legal questions (including in First
Amendment law).
iii. That their thoughts and opinions are worth voicing and hearing,
even though others may not agree with them.
III. Classroom Methods
a. Introduction/Attention Grabber (5 minutes)
i. Show students a video/share an article about a current, interesting
issue in the area of free speech.
ii. We used an article and video about a juvenile who created an
opinion poll on Facebook that asked whether President Obama
should be assassinated. (The possible answers were: “yes,” “no,”
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Lesson: Introduction to First Amendment law (free speech opinion poll)

I. Goals: Studying First Amendment law (with a focus on free speech) helps students: a. Understand the basic protections the First Amendment provides to individuals. b. Understand the scope of those rights, with a particular focus on free speech. c. Realize that reasonable minds may often differ when considering how far individual rights should extend.

II. Objectives a. Knowledge Objectives – as a result of this class, students will be better able to: i. Understand that the First Amendment applies to both the federal and state governments. ii. Understand that the First Amendment does not absolutely protect all speech; there is a difference between protected and unprotected speech. iii. Understand that there are still unresolved questions regarding the scope of some First Amendment protections, and that even “settled” questions about First Amendment law can be controversial. b. Skills Objectives – as a result of this class, students will be better able to: i. Invoke the free speech protections of the First Amendment where appropriate. ii. Articulate their opinions and the reasons behind them. iii. Engage in civil, reasoned debate with their peers. c. Attitude Objectives – as a result of this class, students will feel: i. That the First Amendment protects a wide variety of speech – including a lot that the government or the majority of individuals might find offensive. ii. That the law is not absolute; there are shades of gray and spaces for debate inherent in many legal questions (including in First Amendment law). iii. That their thoughts and opinions are worth voicing and hearing, even though others may not agree with them.

III. Classroom Methods a. Introduction/Attention Grabber (5 minutes) i. Show students a video/share an article about a current, interesting issue in the area of free speech. ii. We used an article and video about a juvenile who created an opinion poll on Facebook that asked whether President Obama should be assassinated. (The possible answers were: “yes,” “no,”

“maybe,” and “if he cuts my health care.”) The Secret Service began an investigation into the poll shortly after it was posted:

  1. http://abcnews.go.com/Politics/secret-service-investigates- facebook-obama-assassination-poll/story?id= iii. Once students have watched the video/read the article, engage in a quick class discussion. Potential questions might include:
  2. Was the Secret Service right to investigate this poll?
  3. Is there a difference between asking whether the President should be assassinated and directly calling for the President to be assassinated?
  4. Should someone be punished for saying something like this? Why? iv. Explain to students the outcome of the investigation: The Secret Service tracked down the person behind the poll; after learning he/she was a juvenile, they declined to prosecute.
  5. Remind students that it is a crime to threaten the President (it’s a Class D felony, punishable by five years in prison and a $250,000 fine), that the Secret Service takes threats seriously, and that individuals cannot argue “free speech” as a defense for threatening the President. b. Transition i. Explain that today, we’ll be talking about other issues related to what individuals can and cannot say while still invoking their First Amendment rights. We’ll be talking about what the First Amendment does and does not protect, and whether students agree with the standards as they currently exist. c. Basic Overview (5 minutes) i. Put text of First Amendment on screen (via PowerPoint) or document camera.
  6. Ask one student to read it, then ask students some questions to spur class discussion. a. What rights are encompassed in the text of this amendment? b. What does it mean – in plain English? c. Why would the drafters of the Bill of Rights have written this amendment? d. It says that Congress shall make no law abridging these freedoms. Does that mean that states can make all the laws they want abridging those freedoms? i. No – the First Amendment also applies to the states due to the incorporation doctrine. The basic idea behind the incorporation doctrine is that, because of the Due Process Clause contained in the Fourteenth Amendment, certain provisions of the Bill of
  1. Once discussion has concluded, explain to the students what the actual law is. Do they agree/disagree with the Supreme Court’s reasoning in each case? a. See attached teacher’s guide for details and answers to each question.
  2. Repeat for each question in the poll (as time permits). e. Debrief (5 minutes) i. Ask students if they have any final questions or if there are any issues they wish we had covered. IV. Assessment a. Class participation. b. Quality of answers/explanations during opinion poll portion. V. Assignment a. No assignment.

First Amendment Law Opinion Poll

  1. The government should be able to punish someone who falsely yells “fire” in a crowded theater.

Strongly Disagree Disagree Undecided Agree Strongly Agree

Why? __________________________________________________________________

  1. The government should be able to punish someone who burns the American flag as a form of political protest.

Strongly Disagree Disagree Undecided Agree Strongly Agree

Why? __________________________________________________________________

  1. The government should be able to punish someone who burns a cross.

Strongly Disagree Disagree Undecided Agree Strongly Agree

Why? __________________________________________________________________

  1. It should be a crime for someone to call for the overthrow of the United States government.

Strongly Disagree Disagree Undecided Agree Strongly Agree

Why? __________________________________________________________________

  1. School officials should be able to punish students for speech or expressive actions taken while students are on school grounds.

Strongly Disagree Disagree Undecided Agree Strongly Agree

Why? __________________________________________________________________

  1. School officials should be able to punish students for speech or expressive actions taken while students are off school grounds.

Strongly Disagree Disagree Undecided Agree Strongly Agree

Why? __________________________________________________________________

  1. Cities and towns should be able to stop hate groups, such as the Ku Klux Klan, from holding rallies or demonstrations within the city or town limits.

Strongly Disagree Disagree Undecided Agree Strongly Agree

Why? __________________________________________________________________