FEINER v

FEINER v. NEW YORK (1951)

By Philene M. Rivera

P.S. 125 – The Ralph Bunche School

INTRODUCTION:

Pretend you are a college student in the early 1950’s. You have very strong opinions about the President of the United States, state and local politicians, and about how blacks are treated in our society. Is it your right to stand on a street corner and express those opinions even though the crowd of people you are speaking to start to get angry and violent? Should you be allowed to disturb the peace? Do you think the police should arrest you for exercising your Freedom of Speech rights?

THE FACTS:

Irving Feiner made an inflammatory speech to a mixed crowd of about 80 blacks and whites in downtown city street in Syracuse, New York. He made remarks about President Truman, the American Legion, state and local political officials that were insulting. He urged the blacks to rise up in arms and fight for equal rights. The crowd began to get restless and block the sidewalk that overflowed into the street. Feelings for or against Feiner were starting to build. Police officers that were present realized there was a threat of violence. They requested Feiner to stop his speech. After about 30 minutes of speaking and after several warnings from the police, Feiner was arrested for disturbing the peace and disorderly conduct. Do you think Feiner’s rights were violated or were the police justified in arresting Iving Feiner?

TASK:

1. Your group will role play the facts of the case.

2. Your group will research Feiner v. New York and find the decision of the case.

3. Your group will research the current Freedom of Speech case: “Firefighters Wore Blackface Defend Their Actions”/ and compare/contrast it with Feiner v. New York.

4. Groups will debate the findings of Feiner v. New York

5. Your group will present your Freedom of Speech case.

PROCESS:

The class will get into groups of 4-5 students.

Day One: ROLE PLAY

Materials: HANDOUT A-Feiner v. New York visual of the case. https://www.maxwell.syr.edu/plegal/scales/feinervis.html

HANDOUT B-Feiner v. New York facts of the case.

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/feiner.html

https://www.maxwell.syr.edu/plegal/scales/feinerdec.html

Your group will have to read and familiarize yourselves with the facts of the case (Handout B). Choose role-playing parts and act out the facts of the case as presented in the visual (Handout A). Groups will present their role plays to the class.

Day Two: RESEARCHING FEINERV. NEW YORK

1. Go to the CompuLEGAL home page and read the directions on examining the case from beginning to end for Feiner v. New York which can be found in the case library (Freedom of Speech).

https://www.maxwell.syr.edu/plegal/scales/instruct1.html

2. Analyze the facts of the case.

3. Your group will be responsible for preparing a presentation. Your presentation will consist of a written report and should include the following:

· Summarization of the facts

· Your groups prediction statement about the decision in this case

· The actual decision made in this case

· Your groups reasoning and analysis of the decision-What did you think? Was your group in agreement or did you disagree?

· Comparing and contrasting Feiner v New York with the current Freedom of Speech case: “Firefighters Wore Blackface Defend Their Actions”

Day Three: RESEARCHING FEINER V NEW YORK (continued from day two)

(Here is a current case related to issues in Feiner v. New York. You may use the facts in this case to compare and contrast. How are the facts of this case related? Should the decision be the same? )

www.democratandchronicle.com/news/0108story25_news.shtml

RESOURCES:

https://www.maxwell.syr.edu/plegal/scales/feinervis.html

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/feiner.html

https://www.maxwell.syr.edu/plegal/scales/feinerdec.html

https://www.maxwell.syr.edu/plegal/scales/instruct1.html

www.democratandchronicle.com/news/0108story25_news.shtml

EVALUATION:

4: Excellent All standards met	3: Very Good Most of the standards met	2: Satisfactory Some standards met	1: Unsatisfactory Standards not met
Presentation includes a clear and organized summarization of all the facts.	Presentation is clear and most of the facts of the case a evident.	Presentation is missing facts and you are not clear.	Facts of the case are not evident or not clear.
The written presentation of the case is well organized and includes the decision and group analysis of the case.	The presentation of the case is mostly organized, some detail are not covered.	Presentation is missing details, the decision and analysis is not clear.	Presentation is unorganized and missing all elements of well written report
The group made an accurate comparison of the case with a current Freedom of Speech case.	Comparison/ contrast with another case is evident and relevant to Feiner v. New York	Comparison / contrast isn’t relevant to Feiner v. New York.	No comparison / contrast made.
Members of the group carried out individual responsibilities and contributed to final presentation.	Most of the members of the group carried out their responsibilities and contributed to the presentation.	Not all of the members of the group contributed efforts or completed their assigned responsibilities.	Lack of contributions by members of the group.

STANDARDS :

Social Studies:

Standard 5: Civics, Citizenship and Government

English Language Arts:

E1c: Read and comprehend informational materials

E2a: Produce a report of information

E3b: Participate in group meetings

E3c: Prepare and deliver a presentation

CONCLUSION:

You will learn to work cooperatively together and learn how to delegate responsibilities that will contribute to the groups’ work. You will learn to think critically and discuss with each other what Freedom of Speech means by analyzing the facts of Feiner v. New York. You’ll learn how to use CompuLegal as a tool to be able to think critically.