SHOULD BURNING AN AMERICAN FLAG BE PROTECTED AS SPEECH?

WEBQUEST

By Dezeng Pang

Walton High School

Aug.28, 2002

1.INTRODUCTION.

“Do you want to be judges?” In this class, you are judges. There is a case about burning an American flag. It happened in Texas in 1984. Johnson participated in a political protest outside the 1984 Republic Convention in Dallas, Texas. At the end of the protest, he poured kerosene on an American flag and set it on fire. Several witnesses not participating in the protest were offended at Johnson’s actions. At the time Texas had a statue, which made it a crime to desecrate a state or a national infringement on his 1st Amendment rights. Johnson was arrested. He appealed because he thought it unconstitutional. Should burning an American flag be protected as speech?

2. TASK

Now you are judges. You will listen to both sides, Texas and Johnson, explaining their reasons of conflicts. Then, you’ll do a compulegal analysis on “ Does Johnson’s arrest based on the 10th Amendment violates his rights of freedom of speech based on the 1st and 14th Amendments?” You need to make a decision, explain why you choose one side over the other and what legal facts you base on. You could include the previously court decisions which are supposed to guide you in deciding present similar case; the existing constitutional and statutory law which apply to the case in question, and other facts. Be sure to use the web site http://www.maxwell.syr.edu/plegal/scales/texas.html.

3. PROCESS

1) Brainstorm: What is your opinion on Freedom of Speech and Press?

You’ll read 10 statements about this topic, give your opinion and discuss in small groups.

Lesson 1: Speech & The Constitution

2) Role-play the conversations in the visual pictures.

3) Divide yourselves into several groups; people who have the same opinion stay in one group.

Opinion I (In favor of Texas.) Opinion II (In favor of Johnson.)

Each group has to find strong reasons for your opinion using compulegal method. The following questions can help you in your group work:

1) What are the main reasons for your opinion?

2) What legal basis do you have?

3) This case involved a conflict between freedom of speech and the

need for order. Can you think of other situations in school in which

these values could conflict?

4) Group presentation: each group summarizes their reasons.

4. The RESOURCES

Related Resources

http://www.maxwell.syr.edu/plegal/tips/fos/

www.findlaw.com

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

5. EVALUATION

Students will be evaluated using the following rubric.

Grade A

---Shows a thorough understanding of the topic.

---Addresses all aspects of the task.

---Shows good ability to analyze, evaluate, compare and contrast issues.

---Strongly supports the topic with relevant facts, examples and details.

---Presentation is strong and well organized.

Grade B

---Shows a good understanding of the topic.

---Addresses almost all aspects of the topic.

---Shows ability to analyze and evaluate issues.

---Includes relevant facts, examples and details.

---Presentation is organized.

Grade C

---Shows satisfactory understanding of the topic.

---Addresses most aspects of the task.

---Be able to analyze issues and events, but not in depth.

---Uses some relevant facts, examples and details.

---Presents the “case”, but not organized.

Grade D

---Shows little understanding of the topic.

---Attempt to address the topic, but uses vague or inaccurate information.

---Uses little facts, examples or details.

---Cannot present an acceptable “case’.

Languages Other Than English Standards

Standard 1 Modern Listening & Speaking Reading & Writing	be able to use a language other than English for communication.
Standard 2 Modern Effective Communication	develop cross-cultural skills and understandings.

6. CONCLUSION

You have learned to use the compulegal method to analyze the rights of freedom. You have

Learned to do web quest to get all information you need for the research. As a result of this, you know more clearly what freedom of speech really means, and freedom of speech also include legal value conflicts on issues such as; hate speech, free speech in schools and work place, the right to protest, etc.