“One day the Supreme Court says this; another year they say something else.”

 

How to figure what’s up and what’s down with these old guys & gals?

 

COMPARING AND CONTRASTING

TWO FIRST AMENDMENT CASES

 

A WEBQUEST

 

By Arturo Gonzalez-Alfonso

Banana Kelly High School

Bronx, NY

TIPS

 

 

INTRODUCTION:

 

We have recently reviewed a series of First Amendment cases.  Schenck v. U.S. introduced us to the notion that, although the First Amendment places no restrictions in its language to the right to free speech, the Supreme Court did find limitations.  We have also seen where the Supreme Court allowed the publication of the Pentagon Papers in New York Times v. U.S., notwithstanding the government’s claim of national security.

 

How do we make sense of these conflicting cases?

 

Well, one way is by comparing and contrasting the cases that appear to contradict each other. (You didn’t really think that I had no answer to the hypothetical question?)  Comparing and contrasting is a great analytical tool.  You will see this often in college.

 

 

 

 

 

 

TASK:

 

Working in pairs, research and review the First Amendment, the Schenck case, and the New York Times case using the web cites below.   As you research, make a graphic organizer as illustrated below and note facts and issues that may be similar to the two cases.  Likewise, fill in facts and issues that are not similar, but are different to the two cases.  Do not be limited by the rows and columns in the illustration below; make as many columns and rows as necessary.

 

 

 

SIMILAR FACTS AND ISSUES BETWEEN:

 

Schenck                                                               New York Times

 

 

 

DIFFERENT FACTS AND ISSUES BETWEEN:

 

Schenck                                                                New York Times 

 

 

 

 

When you finish filing-in the graphic organizers, ask yourselves and write down: What are the major similarities?

What are the major differences?

(By writing down the similarities and differences, you’ve just begun to “Compare and Contrast.”)

 

Next, with an Introduction, a Body, and a Conclusion:

 

Write an essay comparing and contrasting Schenck v U.S. and New York Times v U.S.  In addition, address the following questions within your essay:

 

Can the two cases co-exist with each other?  In other words, does the more recent of the two cases overturn the older case?  Explain why or why not?

 

 

 

 

 

PROCESS:

 

First:  Form into pairs.

Second:  Review the First Amendment.

Third:  Each person will research the two cases:  the web sites in the RESOURCES will help you.

Fourth:  As you look at CompuLegal, make and begin to fill out your graphic organizers for similarities and for differences between the two cases.

Fifth:  After completing your boxes, exchange them with your partner.  Note any similarities or differences that were missing from your partners’ organizers and place them in the boxes using either a different color ink or you may initial them on the boxes.

Sixth:  In an essay, compare and contrast the two cases using your graphic organizers and addressing the questions listed above in the Task.

 

 

RESOURCES

 

Use the following web sites in your research:

First Amendment:

http://caselaw.lp.findlaw.com/data/constitution/amendment01/index.html

Schenck v. U.S.:

http://www.maxwell.syr.edu/plegal/scales/schenck.html

New York Times v. U.S.:

http://www.maxwell.syr.edu/plegal/scales/nyt.html

 

 

EVALUATIONS

Your performance will be evaluated by the following rubric based on the review of your partner and based upon my review of your essay and the material you will have handed in.

	Beginning 1	Developing 2	Accomplished 3	Exemplary 4	Score
Understanding Of the Topic	Shows little Understanding Of the Topic	Presents Satisfactory Understanding Of the Topic	Shows a Good Understanding Of the Topic	Shows a Thorough Understanding Of the Topic
Addresses Aspects of the Task	Attempts to Address Topic with Vague or Inaccurate Information	Addresses Most Aspects Of the Task	Addresses Almost All Aspects Of the Task	Addresses All Aspects  Of the Task
Ability to Analyze, Evaluate, and Compare/Contrast Issues	Fails to Analyze, Evaluate, or Compare/Contrast	Able to Analyze Issues, But Not in Depth	Shows Ability to Analyze, Evaluate Issues	Shows Ability to Analyze, Evaluate Issues, Compare/Contrast
Presentation and Organization of Argument	Does Not Present An Organized Argument	Presents Argument, But Not Very Organized	Presents an Organized Argument	Presents a Strong and Well Organized Argument
Supports Argument with Relevant Facts, Examples and Details	Uses Little Facts, Examples, or Details	Uses Some Relevant Facts, Examples, or Details	Uses Relevant Facts, Examples, or Details, But Not For All Issues	Richly Supports Topic with Relevant Facts, Examples, and Details.

STANDARDS:

 

English Language Arts – Standards 1,2,3 and 4

Social Studies – Standard 5: Civics, Citizenship, and Government

 

 

 

CONCLUSION:

 

Trying to make sense of what the Supreme Court says or decides isn’t always easy.  One way we may begin to make sense of Supreme Court decisions is by comparing and contrasting them to each other.  Even then, we may not be guaranteed of successfully figuring out a case.  Remember, this is the institution that once declared a human being a “chattel.”  Nevertheless, we all must make the attempt, not just lawyers.  The Supreme Court does have an enormous effect on our lives, and we all, as citizens, need to keep ourselves appraised and informed of its decisions.