Lesson
Plan: American History/Civics - The Bill
of Rights – 1st Amendment
Grade Level – 8th grade American History – (12-14 year olds)
Grade Level – 8th grade American History – (12-14 year olds)
Lesson Goals:
By the end of this lesson, students should be able to:
List and explain the five (5) elements/provisions of the First Amendment.
Describe and explain how the First Amendment affects the rights of students
Analyze and brief four (4) cases that apply to student’s 1st Amendment rights in school.
Warm-Up/Anticipatory Set: Have students copy down the First Amendment and then define and illustrate each of the five (5) elements/provisions of that amendment. GRASP
Grievances
Religion
Assembly
Speech
Press
First
Principals
The First Amendment applies to all Americans. Our nation affirms the truth of inalienable rights for all, working for more than 200 years to make the ideals expressed in the First Amendment a reality in the lives of all Americans. These rights were so important to early citizens and their leaders, many states refused to ratify the Constitution of the United States without the promise of amendments that would protect individual rights.
The First Amendment applies to all Americans. Our nation affirms the truth of inalienable rights for all, working for more than 200 years to make the ideals expressed in the First Amendment a reality in the lives of all Americans. These rights were so important to early citizens and their leaders, many states refused to ratify the Constitution of the United States without the promise of amendments that would protect individual rights.
Here are some “First Principles” to help you and your students to interpret
these eloquent 45 words and understand how they influence our daily lives.
1. The First Amendment affirms the freedom of the individual.
American government is based upon the concept that all human beings are born with certain rights or freedoms. The First Amendment guards these rights by prohibiting the government from denying citizens their rights. The government does not give us our rights. Its role is to guard the rights that we already have.
We, as individuals, have freedom of conscience. Religious liberty, or freedom
of conscience, protects the beliefs of everyone, not just those of recognized
faith communities. We are free to worship —or not to worship — as we choose.
The government may not tell us what church, synagogue, mosque or temple to
attend or whether, where and how we should pray.
As individuals, our ideas and beliefs are our own. We are free to develop and
express our thoughts. Through our free press, we have access to a vast range of
information. We may criticize our government if we see fit to do so. Judgments
about ideas are for individuals to make, not for government to decree.
The First Amendment guarantees we may associate with people and join groups of
our own choosing. We may ask or lobby the government to correct certain wrongs
or support our beliefs.
2. Free expression is the foundation — the cornerstone — of democracy.
The First Amendment is based on the premise that people who can freely share information (especially about their government) will be informed and able to make sound choices about what leaders to elect, what forms of government they want, what laws to enact. The freedom to exchange information about the government enables people to seek alternatives to bad government.
3. The First Amendment tells the government to keep its “hands off” our religion, our ideas, our ability to express ourselves.
“Congress shall make no law …” means that as far as possible the government may not interfere with our fundamental rights. The government may not pass laws that take away our First Amendment freedoms or that force us to express ideas — including religious beliefs — that we do not embrace. But the First Amendment is not absolute.
“No law” does not mean “absolutely no law.” For instance, human sacrifice
cannot be permitted in the name of freedom of conscience. The Supreme Court has
affirmed that some limits must be placed on our freedoms. The government, for example, may regulate the time,
place and manner, but not regulate solely on the basis of the content of our
beliefs, ideas, and expressions. We may need to hold a permit before we march
in support of a particular cause, but we should not have to worry about the
government telling us we have no right to believe in that cause or express that
idea.
4. Other people have rights, too.
The First Amendment is based upon the conviction that all human beings have inalienable rights. Our commitment to rights is inseparably linked to our civic responsibility to guard those rights for all others. When faced with unpopular views or unrefined speech, members of the public may ask, “Why doesn't the government do something about that?” The answer? Neither government nor a majority of the public has the authority to stop an unpopular idea.
Because the First Amendment belongs to everyone — to each individual — it
encourages us to respect the right of others to hold their viewpoints and religious
beliefs. The First Amendment protects minority viewpoints and helps us to
understand that limiting the rights of some people may eventually limit the
rights of all.
5. When rights collide, government must balance them.
Sometimes the government plays a role in balancing our rights. When two rights collide, tension and controversy may result. What happens, for example, when a person's right to a fair trial conflicts with our right to learn if a fair trial is actually taking place through accounts reported in our free press? What happens when an individual’s right to personal privacy conflicts with the free flow of information? The government (through the courts) may make decisions that protect both rights to the fullest extent possible.
In addition to knowing where government officials draw the line when regulating
expression, it is important to understand who may and may not control what we
say or write or perform.
Public school administrators are government officials and, like city officials,
have both power and limits regarding regulation of expression. Although
students do not give up their First Amendment rights when they come to school,
the United States Supreme Court has determined that school officials may
restrict students’ rights if the administrators determine that exercising those
rights would interfere with the school’s mission of educating its students.
However, as government officials, they may not control or censor expression to
the degree that a private organization or family might. The First Amendment
does not apply to private school officials.
6. The First Amendment helps us make choices.
In the “marketplace of ideas,” we may choose which views to support and which ones to reject. When all ideas are allowed to flourish, we — as individuals — may decide what ideas and concepts to question embrace or reject.
First Amendment advocates say it best: The antidote to distasteful or hateful
speech is not censorship, but more speech.
Check for student understanding of the First Principals. Ask questions based on the text excerpts or have students summarize each of the six passages.
Check for student understanding of the First Principals. Ask questions based on the text excerpts or have students summarize each of the six passages.
Application- Now, have the students apply their understanding of the first amendment by reading, briefing and summarizing the following select Supreme Court cases.
The cases are:
Tinker v. Des Moines (1969)
Bethel School District No. 403 v. Frazier (1986)
Hazelwood School District v. Kuhlmeier (1988)
West Virginia Board of Education v. Barnette (1943)
Have students create a summary sheet of each case with the following elements:
Name of Case
Year Argued/Decided
Issue/Constitutional Question
Facts of the case
Supreme Court Decision –Is the action Constitutional or Unconstitutional. Why?
Have students work in groups and distribute the following four cases:
Year Argued/Decided
Issue/Constitutional Question
Facts of the case
Supreme Court Decision –Is the action Constitutional or Unconstitutional. Why?
Have students work in groups and distribute the following four cases:
Bethel School District No. 403 v.
Frazier (1986)
http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/bethel.html
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=478&invol=675
http://www.oyez.org/cases/1980-1989/1985/1985_84_1667
Tinker v. Des Moines (1969)
http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/tinker.html
http://www.oyez.org/cases/1960-1969/1968/1968_21
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=393&invol=503
Hazelwood School District v. Kuhlmeier (1988)
http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/hazelwood.html
http://www.oyez.org/cases/1980-1989/1987/1987_86_836
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=484&invol=260
West Virginia Board of Education v. Barnette (1943)
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/barnette.html
http://www.oyez.org/cases/1940-1949/1942/1942_591/
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=319&invol=624
Differentiated instruction – The above excerpts have different reading levels. Select the best depending on your student’s level and abilities. You can also modify the text by cutting and pasting.
Share out/Check for understanding –
have students share their findings for each case with the rest of the class.
Students can take notes and add to their summary sheet.
Evaluation/Assessment – Check completed summary sheets. Have students respond to the following prompt: Which case do you think had the greatest impact on student’s rights? Explain your position.
Homework – Look through today’s newspaper (print or online), a weekly news magazine (print or online) or a cable news website (e.g.,CNN, MSNBC, Fox) and see if there are any stories that deal with the First Amendment. Cut out/print out the article and identify the element/provison. Briefly summarize the article using the 5 W’s of journalism. Also indicate why this news story/article is important.
Additional
websites to reinforce and enrich:
Texas
Law Related Education-The
education branch of the Texas state bar.
Lessons and Bill of Rights and
Constitution Games
The
Bill of Rights Institute – Lesson resources
Life without the Bill of Rights
icivics-
Founded by Justice Sandra Day O’Connor. Web-based education
project designed to teach students civics and
inspire them to be active participants in U.S. democracy.
Supreme Court – mock simulation/role play- Hazelwood
v Kuhlmeier (1988)
