Lesson 1: Speech & The Constitution

Topic:

Introduction to Freedom of Speech

Background:

Teacher explains that one of the themes this year will be freedom of speech.

Objectives:

As a result of this lesson, students will be able to:

  1. Indicate their initial opinions regarding issues concerning speech and press.
  2. Identify examples of speech and press from a drawing, and form inferences and conclusions regarding the item depicted.
  3. Analyze the meaning of the First Amendment concerning speech and press, and apply that understanding to evaluating whether specific items in the drawing should be protected under the First Amendment.
  4. Apply their list of examples of speech to develop general categories of types of speech that are not protected under the First Amendment.

Materials:

Handouts 1A, "Freedom of Speech and Press: What’s Your Opinion;" 1B, "Where’s Speech and Press?" and 1C, "First Amendment: Freedom of Speech and Press"

Time Required:

1-2 class periods

Procedures:
  1. Distribute Handout 1A, "Freedom of Speech and Press: What’s Your Opinion." Explain that this is intended simply to find out your initial attitudes about some of the issues that will be discussed this year. If students are maintaining a portfolio, this should be included, for it will be taken again at the end of the unit. It is optional as to how much time a teacher wishes to devote to this survey, for the items will be presented in subsequent lessons. You may simply wish to obtain the overall data from the class and comment on a couple items with the widest difference of opinion.
  2. Arrange students in small groups, and using Handout 1B, "Where’s Speech and Press?," have the groups identify as many examples as possible related to freedom of speech and press in the drawing.
  3. Ask students what amendment to our Constitution protects the right to freedom of speech. Distribute the Handout 1C, "First Amendment: Freedom of Speech and Press" and have students complete it. Discuss the meaning of each separate word or phrase: what is Congress and what level of government is it? what is the meaning of "no law," "abridging," "the freedom of speech," "press?" Refer to the drawing (#1) and ask whether all of the items on the list should be protected speech under the First Amendment. Are all of the items in the drawing legal ? Have each group select a part of the drawing that may be illegal, i.e., unprotected speech (obscene movie or a local law against panhandlers on city streets) or that they could change so that the item may involve an illegal act (e.g., a fight breaking out among speakers; someone takes the flag[theft] and burns it [controversial, but protected by Supreme Court opinion]; striker blocks entrance into store; slander [spoken] or libel[written], etc.).

Performance Assessment:
  1. In addition to the examples in the drawing, ask students to brainstorm numerous other ways that people can express ideas, including some that they think may be illegal or should be restricted. Then, each group shares its list, producing a lengthy which is written on an overhead or the board. The teacher may have to offer some controversial examples, such as flag burning or types of hate speech.
  2. Conclude by leading a discussion aimed at having students summarize some of the types of speech that are not protected or have less protection; e.g., commercial speech, such as restrictions on advertising certain products [cigarettes, alcohol] or advertising claims. Not protected examples include libel, slander, obscenity, speech that poses a "clear and present danger" or that directly provoke violence ("fighting words"); these will all be discussed in detail in subsequent lessons.

 

Have interested students conduct the survey among a particular target group (older students, teachers/administrators, parents) and prepare an oral report to the class comparing the results from the target group to the results from the class.

Further Enrichment:

Based on multiple intelligence theory.

Linguistic: Have students collect newspaper and magazine articles about free speech issues.

Students should write a paragraph beginning with the sentence I believe in freedom of speech except

Spatial: Have students use stick figures to create a story in pictures involving freedom of speech in school.

Kinesthetic: Have students play the game "charades" using statements about free speech.

Intrapersonal: Tell students that they cannot print an article in the school newspaper criticizing the school's safety plan. Have students discuss how they feel about not being allowed to print the article and what they would do about it.

Interpersonal: Assign the following topic for discussion: Should there be any "limits" on free speech? Students should first think about the topic and then pair-up with another student and share their thoughts. Students in pairs take part in the whole class discussion and explore the meaning of the word "limits?"

The students’ written responses to Handouts 1B and 1C, and their individual or group lists of examples of speech and their corresponding categories.

 

Handout 1A: SPEECH & THE CONSTITUTION

FREEDOM OF SPEECH AND PRESS:

WHAT’S YOUR OPINION?

NAME _____________________________ DATE _______________

Directions: Read each statement. If you mainly agree with it, write an "A" on the space before

the number. If you mainly disagree with it, write an "D" on the space before the number.

_____ 1. There should be limits on our freedom of speech and press.

_____ 2. People should be able to say or print any opinion about the President of the United States.

_____ 3. School principals should have complete control over what is printed in the school newspaper, not the students.

_____ 4. People who strongly oppose a government policy should be able to legally burn an American flag as a protest.

_____ 5. Students should be able to wear protest symbols in school, such as black armbands.

_____ 6. The government should be able to ban pornographic Websites on the Internet to protect children.

_____ 7. There should be laws to ban people from making insulting statements about someone’s gender, race, or religion.

_____ 8. During a war, the government should be allowed to place more restrictions on freedom of speech and press.

_____ 9. The government should ban art, music, or TV shows that encourage illegal behavior such as drug use or violence against police.

_____ 10. The government should make it illegal to take photographs of famous people without their permission.

Handout 1B: SPEECH & THE CONSTITUTION

 

WHERE’S SPEECH AND PRESS

 

 

 

Drawn by John DiGesare © Copyright James J. Carroll 1998

Handout 1C: SPEECH & THE CONSTITUTION

First Amendment: Freedom of Speech and Press

 

First Amendment:

 

Congress

 

 

 

shall make no law...

 

 

 

abridging

 

 

 

the freedom of speech,

 

 

 

or of the press

 

Explain the meaning of the words or phrases at the left: