TIPS
Is
it Unconstitutional to burn the American Flag?
By
Thomas
Lumi
CIS166
Introduction:
It is now over 6 months since the tragedy of September 11. Today some people are unhappy with the “War
on Terror” and are expressing their unhappiness through different ways. One of
these ways is burning the American Flag. The question that arises is; what are
the rights of individuals to express their disagreement with American Policy
towards the “War on Terror.” Does the American government have the right to
arrest individuals who express their disagreement with government policy by
burning the American Flag?
We
have previously discussed the parts of the United States Constitution.
Specifically we have discussed the Judicial Branch (Supreme Court) and its role
in deciding which laws are constitutional. The issue we will discuss is the
Freedom of Political Speech.
The Texas v Johnson
(1989) will be the case that will help us understand whether it is Political
Speech to burn the flag. We will look at this case as well as other cases to
address the issue of Freedom of Political Speech.
Objective:
Students will take a position either supporting or disagreeing
with the view that Flag burning is a form of Political Speech.
Task:
o Students will review Texas
v Johnson (1989) through the use of websites as well as other resources
to help them understand and come to a conclusion regarding their views
o Students will work in groups
creating a paper, each group will address whether they agree or disagree with
the case. The groups will have to support their opinions with facts.
______________________________________________________
Materials: (Handouts)
a) “Street v New York”
b) “United States v Eichman”
c) “United States v Kokinda”
__________________________________________________
Process:
1) Students will work in groups
of four. Each
student will have a specific role. There
will
be a group leader, recorder, reporter and
a
reader. The groups will the discuss the
case
amongst themselves and then prepare a
report and oral presentation.
2) To write the report and
prepare for the oral
presentation, students will use the
websites
listed on this page as well as other
resources to obtain the information needed
to support their position.
3) The following format will be
followed for
the report.
o Cover page
o Introduction to your topic
o Agree or disagree with the
issue of Freedom of Political Speech
o Your groups opinion on how
freedom of expression relates to our current situation in the United States
o A summary and conclusion
______________________________________________________
Resources:
FindLaw
for Legal Professionals
Flag-Burning Editorial
Cartoons
Standards:
Social Studies
Standard 5 Civics, Citizenship, and
Government
Understand how the United States and New York
Constitutions support majority rule but also protect the rights of the minority
Understand how civic values reflected in the
United States and New York Constitutions have been implemented through laws and
practices
Language Arts
E1c: Read and Comprehend
information materials
E2a: Produce a report of
information
E3b: Participate in group
meetings
Evaluation:
Evaluation will take place
in two parts
Part I – Each group will be
responsible for writing a 500 – 700 word report supporting their point of view.
Part II – Group presentation, each
group will conduct an oral presentation explaining their views. Students will
also answer questions from the class.
Grade breakdown:
1) Group Participation 25%
2) Group Report 50%
3) Group Presentation 25%