California Content Standard(s) 12.5.1
1. Power point and cloze notes: "Civil Liberties 1st and 14th"
- Review with students the Bill of Rights and their incorporation into the 14th Amendment under the "due process"
- Make a connection: Discuss the state of student rights and freedom to express themselves on campus
- Think-Pair-Share: Tinker v. Des Moines and Morse v. Frederick. *Tip: don't reveal the court's opinion until after students have discussed the case and made educated guesses on the verdict.
2. Debate! First Amendment Cases: Elk Grove v. Newdow, U.S. v. ALA, and Curley v. NAMBLA
- Divide students into 3 groups: plaintiffs, defendants, and the Supreme Court (select 9 students- see ideas on how to select justices for your classroom). Plaintiffs and Defendants are arbitrarily assigned. Do not allow students to choose which side they want to defend. Remind them we're debating constitutionality, not a person's character. Students assigned to defend NAMBLA in the Curley v. NAMBLA case are gonna be piiiiiiissed...
- Set rules for debate, read facts of each case, and debate! While students debate, the Supreme Court will listen and discuss quietly among them selves, vote, and deliver majority, concurring and hopefully dissenting opinions.
- Remind students that U.S. v. ALA is not only a freedom of expression case but a federalism (10th Amendment conflict) as well
3. Freedom of Expression- Free Speech vs. Obscenity
- At the top of the document "Freedom of Expression" use the Political Cartoon below to help students answer their warm up questions. Be sure to discuss the Don Imus fiasco to segue into the video clip.
- Watch vlogger's post on rap and the first amendment (adult language, teacher discretion is advised) and Think-Pair-Share: "Should misogynistic, violent, and explicit lyrics be protected as art under the 1st Amendment?"
- Read out loud with students: "Free Speech and Obscenity". Discuss Roth v. U.S. with students and complete the guiding questions as a class. Allow students to read Miller v. California silently, complete guiding questions independently and Think-Pair-Share with partners. Close with class discussion.