Feiner v. New York

Free Speech Versus Safety and Order

MR. JUAN RIOS

CHRISTOPHER COLUMBUS HIGH SCHOOL

SOCIAL STUDIES DEPARTMENT

INTRODUCTION:

Last week, several students began to unite at Christopher Columbus High School in order to protest the American war in Iraq. As one student began to give her speech why we should not be involved in the war, two other students in the crowd began to yell “Bush is a bum and he needs to go!” Other students became agitated and began to yell back, “Traitors, you’re not a true patriot. If you don’t like the war why don’t you leave this country! Hey, love it or leave it!” The students yelled back, “Nazi lovers!” The reply was, “Hey, those are fighting words!”

At this point, the school safety personals, under the principal’s direction, ordered the crowd to leave the school grounds. The security personals told the speaker she must stop her speech because she is going to create a riot. She refused and declared, “I have a First Amendment right to free speech!” They detained her and she was escorted to the Dean’s Office whereby Dean Geranomo suspended her for two days for disturbing the peace. The parents of the speaker want to sue the school for violating their daughter’s constitutional right to free speech. The school states it has a constitutional right to protect the safety of the students and to keep the peace on school grounds.

TASK:

You are currently a highly-paid lawyer asked by your former high school social studies teacher to investigate whether the students have a right to free speech or whether the school has the right to provide safety and peace on the school grounds. You discover the “free speech” case that appears to be applicable is Fiener v. New York. You will write a 2-3 page paper expressing your legal opinion about Freedom of Speech Columbus High School. Your opinion will be circulated around the school and the New York City Board of Education. You must type double-space your report on MS Word. You should have a cover and illustration as well in your final product.

PROCESS:

You will complete the task using the following process:

1. Read the facts of the Supreme Court decision in Fiener v. New York

2. You will then access the VISUAL in the case

3. You will then complete the ‘FACTS & ISSUE QUESTION” sheet

4. Complete the “REASONING GUIDE”

5. Look at the DECISION

6. You have now important legal facts to complete your task

7. You are to write a 2-3 page report on whether the speaker has the right to free speech or whether the school has the right to provide law and order and maintain the peace. You will use the Con Law worksheets and the internet sources below to complete your report.

Resources:

Compu-Legal see: http://www.maxwell.syr.edu/plegal/scales/instruct1.html

Compu-Legal case library see: www.maxwell.syr.edu/plegal/tips/bor.htmlplegal/scales/home.html

Time line of Free Speech see: http://www.justicelearning.org/viewissue.asp?issueID=4#

Ask-A-Legal-Eagle see: http://www.maxwell.syr.edu/plegal/welcome.html

Bill of Rights and Constitution see: http://www.maxwell.syr.edu/plegal/tips/bor.html

EVALUATION:

Students will be evaluated using the following rubric:

Grade of A

· Shows thorough understanding of the topic

· Addresses all aspects of the task

· Shows ability to analyze, evaluate, compare/contrast issues

· Richly support topic with relevant facts, examples, and details

· Presents a strong and well organized “case”

Grade of B

· Shows a good understanding of the topic

· Addresses all aspects of the task

· Shows ability to analyze, evaluate issues

· Includes relevant facts, examples and details, but not support all aspects of the “case”

· Presents an organized “case”

Grade of C

· Presents satisfactory understanding of the topic

· Addresses most aspects of the task

· Able to analyze issues and events, but not in depth

· Uses some relevant facts, examples and details

· Presents “case”, but not very organized

Grade of D

· Shows little understanding of topic

· Attempts to address topic, but uses vague and /or inaccurate information

· Uses little facts, examples, or details

· Cannot present an acceptable “case”

NEW YORK CITY AND STATE STANDARDS:

City Standards for English Language Arts

E1c-Read and comprehend informational material.

E2a-Produce a report of information.

E3a-Participate in one-to-one conferences with teacher.

E3b-Participate in group meetings.

E3c-Prepare and deliver and individual presentation.

E3e-Listen to and analyze a public speaking performance.

E4-Conventions, Grammar, and Usage of the English Language.

E6-Public Documents.

State Standards for Social Studies

Standard #5: Civics, Citizenship, and Government.

Standard #1: Understanding the concepts behind the history of the United States

CONCLUSION:

The Web quest you have completed relates to a basic right in America: “Freedom of Speech”. This should be of great value to you and to and your school. You have learned that Freedom of Speech is not absolute and must be balanced against the state’s police power in maintaining law and order. You now see the important question that arises regarding the police and protest. At times, the right to free speech conflicts with a state’s legitimate interest in promoting law and order. You also have experienced the role of a lawyer in a democratic society.

Let’s hope that, by completing this web quest, you have clarified values in your school and community. We thank you for your participation!