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Class 6, 2/4 — Freedom of Speech, Part II
Total Time Allotment: 55 minutes
Learning Outcomes and Goals:
1) Teacher will attempt to get the students more involved in conversation through the use of realistic examples and group discussion.
2) Students will discuss the first amendment scenarios on their note cards and discuss the potential outcomes.
3) Students will generally understand the concepts of freedom of speech and its exceptions.
4) Teacher will attempt to convey the concepts through the use of interesting and current cases relating to high school students.
5) Students will consider the pros and cons of freedom of speech in America, culminating in a short writing assignment.
Methodologies Used: highlighted in yellow.
Needed Materials: street law book, writing utensil, PowerPoint, paper for the end of class writing assignment, and first amendment scenarios on index cards.
[2 minutes] Brief Recap of Last Class
- Freedom of speech is FUN-damental, but not absolute.
- There are certain types of speech that are not protected:
o Obscenity, fighting words, defamation (lies), blackmail, threat
- Students right to free speech cannot be limited when expressed via non-disruptive, passive, symbolic means (Tinker Test- black arm bands)
- However, a student’s lewd and sexual speech at the school assembly was not protected. [obscene and disruptive]
[30 minutes] Opening Activity: First Amendment Scenarios [class analysis & discussion]
Before class starts, set the foundation for study of the 1st Amendment rights of freedom of expression by posting the text from the First Amendment on the front board or overhead: “Congress shall make no law… abridging the freedom of speech or the press…”
- Review with students the text of the First Amendment and remind them that this limitation not only applies to Congress (the national government) but that the 14th Amendment (ratified in 1868) extended this limitation to the states and local governments.
Tell the students that we are going to go through hypotheticals, each one referring to a different type of speech. Let’s do the first one together first:
Lewd and Obscene: Child Pornography
- LEGAL STANDARD: Is the pornography obscene or does it involve children? If so, then it can be declared unconstitutional.
- Hypothetical: Several months ago, a sex tape of Ashton Kutcher and Demi Moore on their honeymoon surfaced and it was purchased by Sketch Productions, Inc., which altered Ashton’s face in the video to make it look like Demi was having sex with an 8-year-old boy. The U.S. Government brought charges against Sketch for displaying child pornography. Is Sketch Productions, Inc.’s video protected speech?
- Ask for arguments for both sides.
Hand out the five index cards, each with a scenario regarding freedom of speech. Randomly distribute the cards to the five groups.
- Then ask students to review the scenario on their cards and discuss the following in their small groups. Make sure they attempt to analyze the situation in light of the applicable legal standard. Give them at least 15 minutes to fill out their handouts.
o Identify the action being taken, who is taking it, and who it affects.
o Discuss whether you feel this action is protected by the First Amendment?
o What affect might the action have on the people being offended? What rights of theirs do you feel are being violated?
o How would you determine whether the feelings of the people being offended outweigh the rights of those exercising their right to free speech or press?
[10 minutes] After the student groups have discussed the questions, have a spokesperson from each group read the scenario on their card and summarize their discussion. Each group has to present for at least 2 minutes [practice oral advocacy- make sure the person presenting has not presented before].
Group 1- Incitement of Illegal Activity
Group 2- Fighting Words
Group 3- Hate Speech
Group 4- Defamation
Group 5- Pubic Forum
[5 minutes] mini-lecture: Things to think about [concluding today’s lesson]--
• Do you think freedom of speech can go too far?
– Do we protect some groups that should not be protected?
• Tell the story of the KKK and the Baptist Church in Alabama.
• Should the KKK be allowed to open an office by the church?
• Could it incite violence? Would people in the community be offended?
• Does the community’s offense outweigh the KKK’s right to assemble or office wherever they want?
• We have to balance our individual rights because there are 5 of them.
• The government has to find the correct balance between each person’s individual rights.
– Who remembers wiki-leaks? So an online wiki group leaked thousands of classified US military documents regarding the Afghanistan war.
• US government thought that people could be harmed and that the information could reveal confidential plans.
• The head of the group that leaked the material stated, “Democracies require strong media to keep governments honest and WikiLeaks helps fulfill that role…WikiLeaks has revealed some hard truths about the Iraq and Afghan wars, and broken stories about corporate corruption.”
• If this is true, can freedom of speech outweigh national security?
– If there is time, have the students turn to page 438 and think about the questions in the book about “The Nazis in Skokie.”
– Ex- members of a neo-nazi organization dressed in WWII German military uniforms want to conduct a parade/demonstration through a predominately Jewish neighborhood (some residents of which were in concentration camps or had family die in concentration camps).
– Should the government allow the group to have their parade?
• The court ruled that it would be protected under the 1st amendments right to freedom of speech.
• Pro- we all have freedom of speech; Con- we ALL have freedom of speech [even this guy—picture of Donald Trump]
IF THERE IS TIME-- [5 minutes] Writing Assignment- now, spend the last 5 minutes of class writing a paragraph about the pros and cons you see regarding freedom of speech in America.
- Hand out the half sheets of paper to the students.
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