Mr. Pero
Tinker v.
The Right to Protest
Introduction
Members of the Jury, what is your verdict?
If
you were to wear a black armband to show that you were against the war in Iraq
and that your official school policy indicated that you would be suspended for
doing so, would you do it?
You
are discussing with your friends in school about wearing a black arm band in
your classes to show that you disagree with the
Task
You
are going to learn an exciting area of legal knowledge of the “Right to
Protest” and have “Freedom of Expression.”
Once you get through this lesson you will see how “Freedom of Speech “ will apply to your rights and those of your friends and
family. Your writing and critical thinking skills will be improved as a result
of going through this process. In
addition, you will acquire computer skills that will enable you to find links
to other websites and gather information from the Internet. Most importantly, you will be able to do a
PowerPoint presentation, knowing how to use information related to legal
issues. Your friends will be most impressed with your learning skills and
presentations. You will analyze a
Supreme Court Legal Case and write a report on Tinker v. Des
Moines. You will learn to use Webquest and CompuLegal.
You will also learn how to ask questions and find answers independently.
Process
Meeting
with your group of three (3) people, you will read the case of Tinker v. Des
Moines. You will act out the events
described in the case. You will make a PowerPoint
presentation of 5 slides. This process
will last for one week, at the end of which you will make your presentation to
the entire class. You will learn how to
use Webquest and CompuLegal.
Your writing skills will improve and enable you to think clearer. Follow the links below to learn about Webquests, CompuLegal, and
Tinker.
http://www.maxwell.syr.edu/plegal/webquests.html
http://www.maxwell.syr.edu/plegal/scales/tinker.html
1. Distribute Handout 1A,
"Freedom of Speech and Press: What’s Your Opinion." Explain that this
is intended simply to find out your initial attitudes about some of the issues
that will be discussed this year. If students are maintaining a portfolio, this
should be included, for it will be taken again at the end of the unit. It is
optional as to how much time a teacher wishes to devote to this survey, for the
items will be presented in subsequent lessons. You may simply wish to obtain
the overall data from the class and comment on a few items with the widest
difference of opinion.
2. Arrange students in small
groups, and using Handout 1B, "Where’s Speech and Press?,"
have the groups identify as many examples as possible related to freedom of speech
and press in the drawing.
3. Ask students what amendment
to our Constitution protects the right to freedom of speech. Distribute Handout 1C, "First Amendment:
Freedom of Speech and Press" and have students complete it. Discuss the meaning of each separate word or
phrase: what is Congress and what level of government is it? what
is the meaning of "no law," "abridging," "the freedom
of speech," "press?" Refer to the drawing (#1) and ask whether all
of the items on the list should be protected speech under the First Amendment.
Are all of the items in the drawing legal? Have each group select a part of the
drawing that may be illegal, i.e., unprotected speech (an obscene movie or a
local law against panhandlers on city streets) or that they could change so
that the item may involve an illegal act (e.g., a fight breaking out among
speakers; someone takes the flag [theft] and burns it [controversial, but
protected by Supreme Court opinion]; striker blocks entrance into store;
slander [spoken] or libel [written], etc.).
Performance
Assessment:
1. In addition to the examples
in the drawing, ask students to brainstorm numerous other ways that people can
express ideas, including some that they think may be illegal or should be
restricted. Then, each group shares its list, producing a lengthy which is
written on an overhead or the board. The teacher may have to offer some
controversial examples, such as flag burning or types of hate speech.
2. Conclude by leading a
discussion aimed at having students summarize some of the types of speech that
are not protected or have less protection; e.g.,
commercial speech, such as restrictions on advertising certain products
[cigarettes, alcohol] or advertising claims. Not protected examples include
libel, slander, obscenity, speech that poses a "clear and present
danger" or that directly provoke violence ("fighting words");
these will all be discussed in detail in subsequent lessons.
Have interested
students conduct the survey among a particular target group (older students,
teachers/administrators, parents) and prepare an oral report to the class
comparing the results from the target group to the results from the class.
Further
Enrichment:
Based
on multiple intelligence theory.
Linguistic: Have students collect newspaper and magazine articles about
free speech issues.
Students should write a paragraph beginning with the sentence I believe
in freedom of speech except
Spatial: Have students use stick figures to create a story in pictures
involving freedom of speech in school.
Kinesthetic: Have students play the game "charades" using
statements about free speech.
Intrapersonal: Tell students that they cannot print an article in the
school newspaper criticizing the school's safety plan. Have students discuss
how they feel about not being allowed to print the article and what they would
do about it.
Interpersonal: Assign the following topic for discussion: Should there
be any "limits" on free speech? Students should first think about the
topic and then pair-up with another student and share their thoughts. Students
in pairs take part in the whole class discussion and explore the meaning of the
word "limits?"
The students’
written responses to Handouts 1B and 1C, and their individual or group lists of
examples of speech and their corresponding categories.
Handout
1A: SPEECH & THE CONSTITUTION
FREEDOM OF SPEECH AND
PRESS:
WHAT’S YOUR OPINION?
NAME
_____________________________ DATE _______________
Directions:
Read each statement. If you mainly agree with it, write an "A" on the
space before
the number. If you mainly disagree with it, write an
"D" on the space before the number.
_____ 1. There should be limits on our freedom of speech
and press.
_____ 2. People should be able to say or print any opinion
about the President of the
_____ 3. School principals should have complete control
over what is printed in the school newspaper, not the students.
_____ 4. People who strongly oppose a government policy
should be able to legally burn an American flag as a protest.
_____ 5. Students should be able to wear protest symbols in
school, such as black armbands.
_____ 6. The government should be able to ban pornographic
Websites on the Internet to protect children.
_____ 7. There
should be laws to ban people from making insulting statements about someone’s
gender, race, or religion.
_____ 8. During a war, the government should be allowed to
place more restrictions on freedom of speech and press.
_____ 9. The government should ban art, music, or TV shows
that encourage illegal behavior such as drug use or violence against police.
_____ 10. The government should make it illegal to take
photographs of famous people without their permission.
Handout
1B: SPEECH & THE CONSTITUTION
WHERE’S SPEECH AND PRESS
Drawn
by John DiGesare © Copyright James J. Carroll 1998
Handout
1C: SPEECH & THE CONSTITUTION
First Amendment: Freedom
of Speech and Press
|
First Amendment: Congress shall make no law... abridging the freedom of speech, or of the press |
Explain the meaning of the words or phrases at the left: |
Resources
http://www.goodellgroup.com/tutorial/
Evaluation
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Evaluating Student Presentations |
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Developed by Information
Technology Evaluation Services, NC Department of Public Instruction |
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1 |
2 |
3 |
4 |
Total |
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Organization |
Audience cannot understand presentation because there is no sequence of information. |
Audience has difficulty following presentation because student jumps around. |
Student presents information in logical sequence which audience can follow. |
Student presents information in logical, interesting sequence which audience can follow. |
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Subject Knowledge |
Student does not have grasp of information; student cannot answer questions about subject. |
Student is uncomfortable with information and is able to answer only rudimentary questions. |
Student is at ease with expected answers to all questions, but fails to elaborate. |
Student demonstrates full knowledge (more than required) by answering all class questions with explanations and elaboration. |
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Graphics |
Student uses superfluous graphics or no graphics |
Student occasionally uses graphics that rarely support text and presentation. |
Student's graphics relate to text and presentation. |
Student's graphics explain and reinforce screen text and presentation. |
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Mechanics |
Student's presentation has four or more spelling errors and/or grammatical errors. |
Presentation has three misspellings and/or grammatical errors. |
Presentation has no more than two misspellings and/or grammatical errors. |
Presentation has no misspellings or grammatical errors. |
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Eye Contact |
Student reads all of report with no eye contact. |
Student occasionally uses eye contact, but still reads most of report. |
Student maintains eye contact most of the time but frequently returns to notes. |
Student maintains eye contact with audience, seldom returning to notes. |
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Elocution |
Student mumbles, incorrectly pronounces terms, and speaks too quietly for students in the back of class to hear. |
Student's voice is low. Student incorrectly pronounces terms. Audience members have difficulty hearing presentation. |
Student's voice is clear. Student pronounces most words correctly. Most audience members can hear presentation. |
Student uses a clear voice and correct, precise pronunciation of terms so that all audience members can hear presentation. |
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Standards –
Interdisciplinary
Language Arts
E1-Read and
comprehend informational materials
E2-Produce a report
of information
E3-Participate
in group meetings.
E4-Prepare and
deliver an individual presentation
Social Studies
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
Conclusion
You
have learned an exciting area of legal knowledge of the “Right to Protest” and
have “Freedom of Expression.” You have
seen how “Freedom of Speech “ applies to your rights
and those of your friends and family. Your writing and critical thinking skills
have improved as a result of going through this process. In addition you have computer skills that enable
you to find links to other websites and gather information from the
Internet. Most importantly, you are able
to do a Power Point presentation, knowing how to use information related to
legal issues. Your friends are most impressed with your learning skills and
presentations. You have analyzed a
Supreme Court Legal Case and written a report on Tinker v. Des
Moines. You have learned how to use
a Webquest and CompuLegal.
You have also learned how to ask questions and find answers independently.