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Class 5, 2/2 — Freedom of Speech [Individual Liberty]

Total Time Allotment: 60 minutes

Learning Outcomes and Goals:

1) Teacher will attempt to get the students more involved in conversation through the use of realistic examples and hypotheticals.

2) Students will discuss the first amendment exercise and learn how to properly apply the ideals of freedom of speech.

3) Students will generally understand what is protected and not protected speech under the 1st amendment.

4) Teacher will convey the general exceptions to freedom of speech, emphasizing student rights.

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, ballots to use to vote, advocacy handout [page 31], paper for the end of class writing assignment, first amendment exercise handout.

[2 minutes] Brief Recap of Last Class

- “NO VEHICLES IN THE PARK.”

- When drafting and interpreting laws, or writing in general, focus on:

o Simplicity- if the laws are too complex, then regular people can’t interpret or understand them. Ex- if you get in trouble with the IRS, you should hire a tax lawyer because tax law is way too complicated to do yourself.

o Essential Information- the no vehicles in the park example gives us practically no information. It doesn’t even define the word ‘vehicle.’ Is it a baby stroller, an electric scooter, a drone, or just a car?

▪ Without the essential information, you may not be able to understand the law.

o Clarity- Clarity is important, in your lives, in your relationships, in your writing, and in the law. How many of you are writing college essays for applications? Read over them 10 times and make sure you are clearly conveying the information you want to communicate. Try to read it as if you never had before, you were just some stranger reading your essay because that’s what a college admissions person is.

o When the law isn’t clear, courts look to legislative intent- what the lawmakers who passed the law wanted it to mean.

[8 minutes] Then, we will have a group presentation on each new law (on the poster boards from last class). Each student will vote for the law they wish to adopt.

- When voting on proposed legislation, you were acting as congress does. Considering proposals, looking at pros and cons, focusing on clarity, and then making a decision.

- This is why it’s so important for you to vote because your legislature makes your laws.

- Give the students the advocacy handout, which has tips and strategies for getting involved and becoming a successful advocate.

o If you have something you are really interested in—become an advocate.

[5 minutes] Our next material is going to focus on individual rights and liberties. Today, we’ll mainly be focusing on freedom of speech.

- This guarantees your right to express information and ideas. We call this a “fundamental” right. Why is it fundamental/important?

o Freedom to express yourself and your ideas leas to more human development. You should be able to consider alternate ideas logically and responsibly without resorting to name calling or violence.

▪ By allowing freedom of speech, the US exchanges and evaluates ideas.

▪ Before, everyone believed the earth was flat. If no one had ever considered alternate ideas, we would all still be woefully uninformed. We had the scientific revolution and the enlightenment, which changed our understanding of how the world worked. The US was founded on the idea that the minority should still have a voice.

o Free speech allows individuals to try to expose corruption and tyranny with their speech and press.

▪ Watergate—president was basically spying on people and recording private conversations in order to sabotage opponents. The reason the public found out about it was because 2 reporters in their 20’s got a tip from a confidential source and followed it all the way to the white house—revealing one of the biggest political scandals in US’ history.

▪ Of course this also gives way to conspiracy theories, but you have to balance the good and the bad.

o Free speech allows individuals a safeguard against abuses of power.

▪ The 1933 election that gave the Nazis power was preceded by years or intimidation, murder, and mayhem. If you criticized the regime, then you were considered a criminal and they either put you in prison or you disappeared.

▪ This still happens today—if no one speaks up about what they think it wrong or an abuse of power, then things won’t ever change.

▪ Charlie Hebdo: French satirical cartoonists who used their cartoonists to portray political or religious topics. Were murdered in their offices in Paris by Islamic terrorists who did not like the message the cartoonists were portraying. Why not? Because they were afraid- afraid of the power of the pen. Of the persuasion that media can have.

• But honestly, the attack just made Charlie Hebdo’s cartoons stronger and more wide spread. Who remembers last year when everyone was putting “je suis Charlie” on social media. There were almost 4 million people that gathered in france for a unity rally (and more in cities across the globe) who then marched in support of freedom of speech and values against terrorism.

• Artists from every part of the world started posting and drawing in solidarity with Charlie Hebdo.

- But people were shocked when this happened last year because freedom of speech really is something that we take for granted.

[20 minutes] Hand out the first amendment exercise. Students will discuss their ideas and answers to the following questions with their tablemates. Give them 8 minutes.

1. Silent Protesters

a. What else is a silent symbol? What about a cross necklace, it symbolizes your faith, Christ dying on the cross. Perhaps some people may be offended by it. Would the school be able to tell you not to wear it? Probably not, because it is non-disruptive and symbolic. Could also be covered under freedom of religion.

2. The Indecent Proposal

3. Saluting the Flag

a. We don’t want the government telling us what we should and should not say right? Even when its something like the pledge of allegiance- the court thought that it couldn’t be required.

Some speech is prohibited. You can’t just say anything you want.

i. Obscenity: could be pornography. You can’t just show it to people in public and expect to not get in trouble. Obscenity is hard to define, but one Judge said, “I know it when I see it.” So courts will typically apply a general morality standard.

ii. Fighting Words: who has heard of Westboro Baptist? They picket soldier’s funerals and yell obscenities and horrible things to people whose kids just died. Sometimes they are arrested because their words are likely to incite a fight, but if it’s a peaceful protest, then it’s protected.

iii. Defamation: this is actually a tort (against the law) and basically means that you can’t spread false information about someone to hurt their reputation. So if you wanted to hurt someone’s business and you went around and told everyone that they cheated in business and stole client’s money (when they didn’t), then that speech would not be protected. However, if you knew they really were stealing client’s money, then you would be revealing illegal activity.

iv. Child pornography—obviously not protected because we think protecting children is more important than some speech.

v. Perjury—means lying under oath.

vi. Blackmail and Threats

Could you get in trouble with the school for something you post online? It depends. Things that you post online may not be protected speech.

- Is the speech threatening? Student arrested and charged with a felony for threatening to shoot up his high school on twitter. It could have been a joke, but you can’t tell on social media sometimes.

- Could it invoke a fight?

- Is it obscene or lewd? I know girls from high school that got expelled because they posted semi-nude photos on their facebook.

- Are you lying about someone else? Cyber-bullying, pretending to be someone else online. People have gone to jail over cyber-bullying.

o A Mom in Missouri created a fake myspace profile of a teenage boy in order to bully a 13 year old girl who her daughter didn’t like. She pretended to flirt with the girl and then sent her harassing messages and said things like, “the world would be better off without you.” The girl eventually killed herself and the mother was charged with a crime and convicted. Speech like that, even though its online, is never protected.

Go through a couple of hypotheticals with the students and ask them their opinions.

What about hate speech? Briefly discuss the case of Snyder v. Phelps, picketed soldier’s funeral.

[8 minutes] The Nazis in Skokie Problem & Class Discussion [turn to page 438 and take 3 minutes to thoroughly read.] Ask the students what they think and why. What do they think the court ultimately ended up deciding?

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?

• Should other kinds of speech not be protected?

– Offensive opinions

• Can powerful speakers sway moderate people to extremes?

– Donald Trump

IF THERE IS TIME-- [5 minutes] Writing Assignment- spend the last 5 minutes of class writing a paragraph comparing the pros and cons of freedom of speech in America.

- Hand out the half sheets of paper to the students.

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