Ms. Choudhary

Walton High School

INTRODUCTION

How many times have you said to your teachers, parents or friends, “It’s a free country, I can say what ever I want”, or when you are asked to obey and follow a school rule that you don’t feel is just, you scream out, “But that’s not fair” and so on and so forth.

Would you believe that not so very long ago in a mid western town of Des Moines, two young children of ages 13 and 16 were suspended for disobeying a school rule that forbade anyone from wearing an armband as a symbol of war protest?

“But that’s not fair”, said the Tinkers. John and Mary Beth Tinkers and their parents took this matter all the way to the Supreme Court of United States. They felt that they had the right to express their views in any way, shape or form.

Who do you think won the battle? Should the Tinkers be allowed to break a school rule and get away with it? Should the school have a right to restrict students from creating uproar or inciting unrest? To learn more about the entire case go to CompuLegal Internet site and explore.

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

TASK:

Your task is to travel back in time to 1965 and reenact this historical event through role-play.

You will research the case using CompuLEGAL; select a role for yourself and then each side, the Tinkers and the School Officials will present their case orally to a panel of judges. Each member of the team will present his or her view orally, providing at least two reasons, based on the facts, to support their views. Make sure you use the facts and issue questions to help you organize your thoughts.

As a group you will be required to submit one to two pages typed written paper. This could be used as your group's final summation or argument presented to the judges. Make sure you include at least two prior court cases and their decisions to support your argument. Don't forget to ask help from "Ask-A LEGAL Eagle", if you need further clarification on the law.

PROCESS:

1) Discuss and brainstorm: What is freedom of speech? How many ways one can express his/her opinion? What constitutes a symbolic speech?

2) You will use the following Internet sites to learn more about Freedom on Speech. You will use this new information to give your opinion and discuss in small groups.

http://www.maxwell.syr.edu/plegal/tips/bor.html

http://www.landmarkcases.org/tinker/symbolicspeech.html

3) You will then select a role to play. You may volunteer for a role. If not enough volunteers then roles will be assigned by a draw, pick a name from the hat.

The roles to select from are:

· John Tinker, age 13

· Mary Beth Tinker, age 16Mr. Tinker, Father

· Mrs. Tinker, Mother

· High School Principal

· Middle School Principal

· Elementary School Principal

· School Superintendent

· 2 lawyers for the defendants

· 2 lawyers for the School Board

· 3 to 5 students (either supporting Tinkers or School Board, depending on your view points)

4) You will then form two groups, the Tinkers and the Des Moines School Board. Each group member has to find strong reasons for his or her opinion using compulegal method. The following questions can help you in your group work:

a) What are the main reasons for your opinion?

b) What legal basis do you have to stand your ground?

c) 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?

5) Meet with your group at least 5 times. Every member of the team must help the lawyers in writing their final arguments. Your written composition should be grammatically correct. It must site at least two other similar court cases to support your argument.

6) Each person must orally present their viewpoint to a panel of justices. The panel will consist of three guest teachers/judges.

7) Your oral presentation will be judged on how clearly and persuasively you speak. Speak in complete grammatically correct sentences, and must state two reasons to support your point of view.

8) You must exhibit the use of various hyperlink resources provided for your quest.

RESOURCES:

Here are some Internet sites to assist you in your research. Just click on it to get there and visit as often as you need to.

Check out this CompuLEGAL site for full case information.

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

Check out the next two sites for good visual information on Tinker case.

http://www.maxwell.syr.edu/plegal/scales/tinkervis1.html

http://www.maxwell.syr.edu/plegal/scales/tinkervis2.html

http://www.maxwell.syr.edu/plegal/TIPS/resres.html

If you wish to learn about how the court system works go to:

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

EVALUATION:

Your grades will be divided in two parts. Your oral presentation will comprise of the 60% of your grade and group written work of 40%.

Student evaluation will be based upon the following criteria:

· Effort and initiative

· Teamwork

· Role play presentation and debrief

· Written argument provided by the group

We will use the following rubric to arrive at your grade.

Category	Grade A	Grade B	Grade C	Grade D	Total
Written report	Shows understanding of the topic. Uses correct grammar and spelling. Writes in complete sentences. Also sites two other similar court cases to support the argument.	Shows a good understanding of the topic. Uses correct grammar and spelling most of the time. Writes well organized sentences. And sites only one other court case to support the argument.	Presents satisfactory understanding of the topic. Misspells words, poor grammar. Some sentences and paragraphs are not well structured. And does not site any other case to support the argument.	Shows little understanding of the topic. Report lacks proper grammar usage. Poor organizational skills. Sentences lack structure. And presents no legal arguments in support of the case.
Role-Play Presentation	Presents a strong and well-organized case or point of view. States two reasons to support his/her point of view. Speaks loudly and clearly. Uses proper English.	Presents point of view and is organized. States at least one reason to support his/her point of view. Uses proper English. Explains most of the case well.	Presents weak point of view but is not well organized. States no reason in support of his/her point of view. Speaks using a low tone of voice. Does not explain the case very well.	Point of view is very weak and lacks organization. Exhibits little to no understanding of the case. Displays inaudible speech. Speaks in short phrases or single word utterances.

Standards:

Social Studies: S5 Civics, citizenship and government.

English: E1 Students will read and write, listen and speak for information and understanding.

E2. Students will read and write, listen and speak critically for literary response and expression.

E3. Students will read and write, listen and speak for critical analysis and evaluation.

CONCLUSION:

The freedom of speech is not only an expression of your opinion by speaking your mind or writing and publishing, but also can be symbolic. The Tinkers did it by wearing an armband to express their opposition to war. Do you feel that you can also express your opinion by what you wear?

Have you ever worn any garment that spoke out loudly, "Hey! It’s me… or I stand for this cause…etc.". If a young Muslim woman wears a "Hijab" (a head scarf) to display her religious conviction, or you wear a Yankee hat to show that you are a Yankee fan or some times people wear a black band around their arm to show that they are grieving for someone dear. We can safely draw a conclusion that symbols are as powerful of expression as any spoken or written words.