Ms. Benjamin
Jane Addams
High School
Participation in Government
INTRODUCTION:
John yelled there is a bomb in the Gigli movie. Two people run out in fear. Is freedom of speech absolute? Today we will
be learning about the limits of freedom of speech. A similar case occurred during World War
I. Schenck handed out pamphlets to
people encouraging them to resist the draft.
He was charged with conspiring to violate the Espionage Act of 1817 by
encouraging people not to register for it. The first amendment of the
constitution states, Congress shall make no law abridging free speech. World War I has just begun. Congress has just
passed the Espionage Act of 1917. This
Act made it a crime to cause or attempt to cause insubordination, disloyalty,
mutiny or refusal of duty of military forces of the
Your decision will set a precedent that will influence how we balance freedom of speech and protection of the individual from harm.
TASK:
You will prepare oral
and written presentations. You will analyze this case in COMPULEGAL. COMPULEGAL is a resource that contains legal
cases. Directions are available on that page as well. Then you will examine the actual judicial
decision reached in that case. Then
there will be an opportunity for you to examine and research additional cases
and scenarios.
IMPORTANT NOTE: If you click on a link which takes you out of
the case you were working on and into another web page, you need to click the
"Back" button in your browser's tool bar in order to get back to the
page you were on.
PROCESS:
Write the issue
presented, legal basis for each side argument, relevant values and facts, and
summary of the court decision. State the arguments for each side and your
decision. Compare you decision to the actual decision and state why you agree
or disagree with it. You must answer the
following pivotal questions.
¨
Why did
Schenck speak out?
¨
Why did
the government feel it had to arrest him?
¨ Why was Schencks arrest not a violation of his freedom of speech under the First Amendment?
¨
How did this case change how the 1st
Amendment is interpreted during wartime?
INSTRUCTIONAL OBJECTIVES
1. Students will describe the main idea regarding human rights during war time
2. Describe
the policies of
3. Explain the significance of the clear and present danger doctrine of Schenck v. United States.
4. Determine whether or not the needs of national security justified limits on civil liberties.
DO-NOW: COMPLETE THE FOLLOWING CHART:
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PARTY |
Schneck |
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ACTIONS |
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VALUES |
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LEGAL BASIS |
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MOTIVATION: Why can
you not always say what you want at home or in school?
APPLICATION:
YOU WILL LOOK AT THE FOLLOWING CASE FACTS IN COMPULEGAL:
PLEASE LOOK AT THE CARTOON: IDENTIFY THE TOPIC AND THEME.
http://www.maxwell.syr.edu/plegal/scales/schenckvis.html
THEN WITH A PARTNER, LOOK AT ARGUMENTS: CREATE AN AIM IN THE FORM OF A QUESTION. ANALYZE AND OUTLINE BOTH SIDES OF THESE ARGUMENTS.
http://www.maxwell.syr.edu/plegal/scales/schenckargu.html
LOOK AT A MODERN DAY VERSION OF SPEECH: COMPARE THE LIMITS ON
FREE SPEECH THEN AND NOW.
http://www.americanrhetoric.com/speeches/robertlafollette.htm
LOOK AT THE FIRST AMENDMENT IN THE CONSTITUTION
http://www.constitutional.org/constit.htm
REVIEW DECISION ON COMPULEGAL AND ASK A LEGAL EAGLE: SUMMARIZE WHAT YOU HAVE LEARNED
TODAY. EVALUATE THE COURT DECISION AND THE JUSTICES INTERPRETATION OF THE FIRST
AMENDMENT.
RESOURCES:
Public Library, Jane Addams Library (Text book)
Government in
http://www.maxwell.syr.edu/plegal/scales/schenckfacts.html
http://www.maxwell.syr.edu/plegal/scales/schenckvis.html
http://www.maxwell.syr.edu/plegal/scales/schenckargu.html
http://www.americanrhetoric.com/speeches/robertlafollette.htm
http://www.constitutional.org/constit.htm
http://www.maxwell.syr.edu/plegal/welcome.html
http://www.findlaw.com/casecode/supreme.html
EVALUATION:
You will receive two
different assessments of your project.
1.
Your group will receive a grade based on the context of your legal
document. Did you include the party, action, values and
legal basis for both
sides.
2.
Your group will also assess a grade on your presentation. Is each member
in attendance
during the presentation? Was each member of the group
involved in the
presentation? Did each person speak clearly with complete
understanding of
the legal defense the group is trying to use? Is each
member dressed
appropriately for a presentation? Is there an order to the
presentation? Is
it clear the group planned when each member would speak?
CONCLUSION:
Now you should have
learned that freedom of speech is not absolute. The limits based on clear and
present danger to the public. The court
limits speech that causes disruption and disorder, because the founding fathers
of this country did not intend it to protect disorderly conduct that poses a
clear and present danger to the public. In times of war the state values
national security more than free speech.
Therefore, public policy favors national security over free speech in
times of war.
STANDARDS:
Social Studies
Standard 1: History of the
Students will use a
variety of intellectual skills to demonstrate
their
understanding of major ideas, eras, themes, developments,
and
turning points in the history of the
Standard 5: Civics, Citizenship, and Government
Students will use a
variety of intellectual skills to demonstrate
their
understanding of the necessity for establishing governments;
the
governmental system of the
the
constitutional
democracy; and the roles, rights, and
responsibilities
of citizenship, including avenues of participation.
Students
will read, write, listen, and speak for literary response and expression.
Students will read and listen to oral, written and
electronically produced texts and performances, relate texts and performances
to their own lives, and develop an understanding of the diverse social,
historical, and cultural dimensions the texts and performances represent. As
speakers and writers, students will use oral and written language for self-expression
and artistic creation.
Evaluation:
You will receive two different assessments of
your project.
1.
You will receive a grade for summarizing the context of your legal
document. Did you include the party, action, values and legal basis for both sides.
2. You will also include a grade on your
presentation.
Is each member in attendance during the presentation? Was each member
of the group involved in the presentation? Did each person speak clearly with
complete understanding of the legal defense the group is trying to use? Is each
member dressed appropriately for a presentation? Is there an order to the
presentation? Is it clear the group planned when each member would speak?
WRITING: State the issue, legal rulers, the historical
context of the case, both sides of the case and the conclusion.
Note: You may use the
Project Legal case library to analyze the facts of the case, review the visual
of the case and state a legal question to answer. Be sure to include the actions, values and legal
basis of each party. Explain which side
you favor in the case and why on the reasoning section.
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SPEECH EVALUATION
Student Name_______________________________ Time_______________________
Topic:_____________________________________ Grade______________________
Rating 1= Needs Work
2=Adquate
3=Good
4=Excellent
ITEMS BEING RATED RATING/SCORE
1. Approach, stance, and introductory statement . ______________
2. Ideas presented . ______________
3. Clear organization relating one point to the next . ______________
4. Fluency . ______________
5. Eye Contact ... ______________
6. Concluding statement and exist from stage ... ______________
7. Time: .. ______________
Total Score ______________
COMMENTS:
Student Name_____________________ Topic/Issue ____________________ Date____
PRESENTATION RUBRIC 1-5
1. The presenter spoke clearly and in a loud enough voice.
2. The presenter presented him/herself in a professional manner.
3. The presenter was organized.
4. The presenter captured and held my attention.
5. The presentation was informative.
1 = STRONGLY DISAGREE
2 = DISAGREE
3 = SOMEWHAT AGREE
4 = AGREE
5 = STRONGLY AGREE
Name_________________________ Topic/Issue_____________________ Date_____
1) THESIS - Is there a clear thesis? Is it informative? Does the speech developed in the informative point of view?
2) ORGANIZATION - Is there appropriate introduction?
3) Is there a clear and suitable structure/? Is there a suitable conclusion?
4) SUPPORTING MATERIALS - Is there sufficient supporting material? Is this support relevant, reliable, and/or documented? Is there critical thought?
5) STYLE AND LANGUAGE - Is there clarity? Directness? Simplicity? Specificity? Color?
6) DELIVERY - Is it direct? Extemporaneous? Conversational? Is the notecard unobtrusive? Is the delivery technique effective? Is the time too short or too long?
1 = STRONGLY DISAGREE
2 = DISAGREE
3 = SOMEWHAT AGREE
4 = AGREE
5 = STRONGLY AGREE
Name_________________________ Topic/Issue_____________________ Date_____
1) EYE CONTACT
2) PACE (use of pause)
3) WORDING (sentence structure, transitions)
4) POISE (ability to maintain control)
5) POSTURE (gestures; movement)
6) SPEAKS LOUD AND CLEARLY
7) PROPER USE OF SPEAKER STAND AND NOTES
8) PERSONAL APPEARANCE
1 = STRONGLY DISAGREE
2 = DISAGREE
3 = SOMEWHAT AGREE
4 = AGREE
5 = STRONGLY AGREE
Name___________________Topic/ Issue___________________________ Date_______
1) Introduction
2) Setting the scene
3) Preparation
4) Timing
5) Emotional involvement
6) Gestures
7) Rapport with audience
8) Overall presentation
1 = STRONGLY DISAGREE
2 = DISAGREE
3 = SOMEWHAT AGREE
4 = AGREE
5 = STRONGLY AGREE