By B. Martínez

Evander Childs High School

VS.

Introduction

You are the only African American family living in an all white negihborhood in New York. One day you wake up and find a cross burning on your front yard. What is this? Are you living in the South in the early 20^th century? You are horrified at the thought of how much hate has been expressed to you and your family because you are an African American. Who did this to you and your family who now feels threatened? Within a few days you findout is a 17 year old boy living in the neighborhood. Why?, you ask. He claims he is free to express his beliefs, he is a White Supremacist and this is his way of expressing his dislike for African Americans. You are offended, there must be a law against such hateful crimes. The police says yes, there is such a law, so he will be arrested.

Does Freedom of speech protect hateful speech?

Task

You will attempt to answer the question formulated above. Does freedom of speech protect hateful speech?
Your investigation will be done in the form of a webquest, using the internet to research your topic.
To help you do a good job, you will be using a method of examining Supreme Court cases called the compu legal system.
You will analyze hate speech and formulate a position on hate speech and how it affects society.
You will examine several Supreme Court cases on Freedom of Speech. These cases will allow you to determine what is legally meant by free speech.
After examining the precedents you will write a brief on a case of hate speech.
You will make a presentation on your position on the issue of hate speech vs. freedom of speech.

Process

Your class will be divided into two groups; one side will represent supporters of hate speech as freedom of speech and the other side will argue that hate speech cannot be protected as freedom of speech.
To support your arguments you must research your topic. This will be done rewiewing several supreme court cases.
The cases will be examined through the Compu Legal system. This system will help you look at the cases step by step.
Your class will be divided into groups of 4. Each group will select a case to discuss and represent their position. After you have done this, you will come together as a group and discuss all the cases you have selected.
You will write a brief on the case you have selected to defend your argument; the brief has to be typed and one page in length. Follow example given in class.
As a group, you must write a two page essay on your position on hate speech in relation to freedom of speech. In your essay you must include your reaction to the St. Paul case.

Resources

TIPS

Compu Legal

Minessota case

Examples of Hate Speech

HATE SPEECH

Hate speech laws

Google

Cornel Law

Evaluation

Your webquest will be graded based on:

Ø your internet research.

Ø Analysis of the cases.

Ø Analysis of the issue.

Ø Written work.

Ø Bibliography

Your grade will be based on the rubric displayed below.

	Excellent work	Good Work	Needs Improvement
Use of sources	Student is able to use resources from webquest. Student uses additional resuorces.	Student uses resources from the Webquest.	Student has limited sources to one.
Brief	Student summarizes the case consisely. Student is able to present the arguments of each party involved. Students understands the reasoning of the decision. Format presented in class is followed.	Student summarizes the case in a long description. Student presents arguments. Student states reasoning but does not demonstrate understanding of reasoning. Format presented in class is followed.	Summary of the case is too wordy, lacks specifics. Student presents very weak arguments for each party. Student does not write understanding of the reasoning. Student does not present format followed in class.
Essay	Student writes an essay using paragraphs, full sentences and correct grammar. Essay follows an argument. Essay presents all points requested in the task and process. Essay contains cited sources.	Student writes an essay using paragraphs, full sentences and appropriate grammar. For most of the writing an argument is established. Most sources are cited.	Essay does not contain paragraphs and full sentences. No organization is present. Lacks a logical argument. Sources are not cited.
Analysis of the issue	In the brief and essay student is able to describe the Constitutional issue involved. Student is able to explain legal reasons why the issue has been brought to court.	Student writes the Constitutional issue involved. Student demonstrates poor understanding of the legal reasons the case has been brought to court.	Student does not present the Constitutional issue involved. Student does not know the constitutional issue involved.