Guided Reading Activity 13 3 Freedom of Speech Answers

Civics

At a walkout and rally in Washington Square Park in New York on April 20, the 19th anniversary of the Columbine shooting, students called for an end to gun violence.

Credit... Holly Pickett for The New York Times

This lesson plan was created in partnership with the National Constitution Center in advance of Constitution Day on Sept. 17. For information about a related cross-classroom "Constitutional Exchange," see The Lauder Project .

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While Americans generally agree that the First Amendment to the Constitution protects the freedom of speech, there are disagreements over when, where, how and if speech should be ever limited or restricted.

This lesson plan encourages students to examine their own assumptions about what freedom of speech really means, as well as to deepen their understanding of the current accepted interpretation of speech rights under the First Amendment. The lesson should reinforce the robustness of the First Amendment protections of speech.

While teaching, you may want to use all or part of this related Student Opinion question, which asks: Why is freedom of speech an important right? When, if ever, can it be limited?

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Using this handout (PDF), students will read the First Amendment provision that protects the freedom of speech and then interpret its meaning using 10 hypothetical situations. For example, here are two situations in the handout: a person burns an American flag in protest of government policies, and a public school student starts a website for students to say hateful things about other students.

In each situation, students use a five-point scale to determine the degree to which the government is able or unable to limit the speech in question. When students are finished considering the 10 scenarios, they should tally their scores at the bottom of the handout and then stand in a line — from least restrictive interpretation (lowest total score) to most restrictive interpretation (highest total score) of the First Amendment provision protecting speech — so they can see how their interpretation compares with that of their peers. You can then ask students to explain their reasoning.

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Credit... Marcio Jose Sanchez/Associated Press

The Warm Up should have established for students that there are different ways to interpret the First Amendment. Before moving on, it's worth having the class discuss why they think the freedom of speech is an important right and why it is particularly important in a democracy, where people choose their political leaders. Some thoughts that may emerge in the conversation could include the ideas that citizens need to be able to speak freely in order to make effective electoral decisions, oversee government actions, participate in the policymaking process and hold politicians accountable.

Then, have students read and annotate an essay explaining the ways in which the Supreme Court has interpreted the freedom of speech. This essay, "Freedom of Speech and of the Press," by the constitutional law scholars Geoffrey R. Stone and Eugene Volokh, is part of the National Constitution Center's Interactive Constitution. Students should answer the following questions (also available as a student handout), making sure to provide evidence from the essay.

1. According to the essay, why is it important to protect speech, even if that speech is unpopular?
2. According to the essay, what kinds of actions are included in the term "speech" as it is found in the First Amendment?
3. How has the understanding of what is protected speech changed as technology has changed?
4. According to the essay, when is it acceptable under the First Amendment to limit or punish speech?
5. According to the essay, how has the Supreme Court addressed free speech during the 100 years since the end of World War I, and what is the status of free speech protections today?

When they're finished, students should revisit the hypothetical situations in the Warm Up. If any answers have changed, students should mark their new answers with a check mark.

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Credit... Stephen Maturen/Agence France-Presse — Getty Images

As a transition to this next activity about speech issues in current events, we recommend pausing to ask students: Why is it important to protect unpopular or offensive speech? Based on their understanding of the First Amendment, can the government ever draw reasonable limits?

One idea that may emerge in the conversation is that speech is considered a fundamental liberty under American law and that even inflammatory speech, such as racist language by a leader of the Ku Klux Klan, should generally be protected unless it is likely to cause imminent violence (Brandenburg v. Ohio, 1969).

Then, have students read one of these three New York Times articles about speech issues in the news that might affect their lives. We suggest you divide the class into three sections, with each section reading one of the articles. You might choose to break up each section into smaller groups or pairs, based on what groupings tend to work best in your class.

For each article, groups should consider both the relevant policy question and the related constitutional question (here is a student handout).

"Supreme Court Strikes Down Law Banning Political Apparel at Polling Sites" by Adam Liptak (June 14, 2018)

Policy Question: Should voters be able to wear whatever they want to the polling booth? Or, should the government set reasonable limits?
Constitutional Question: Does the First Amendment allow the government to limit what voters can wear to the polling booth?

"High Schools Threaten to Punish Students Who Kneel During the Anthem" by Christine Hauser (Sept. 17, 2017)

Policy Question: Should students be allowed to protest, such as by kneeling during the national anthem, during school hours or while on school property?
Constitutional Question: Does the First Amendment protect students' right to protest during school hours or while on school property? Does the First Amendment treat students at government-run schools (public schools) differently than students at private schools?

"Colleges Grapple with Where — or Whether — to Draw the Line on Free Speech" by Alina Tugend (June 5, 2018)

Policy Question: Should colleges be able to prohibit controversial or "offensive" public speakers from speaking on campus?
Constitutional Question: Does the First Amendment protect the speech rights of controversial or "offensive" public speakers on college campuses? Does the First Amendment treat government-run colleges (public colleges) differently than private colleges?

After reading their article, groups should also discuss the following question:

Why is it difficult for scholars, judges and lawmakers to balance robust (strong) speech protections with the necessity of maintaining a peaceful society? Provide evidence.

Finally, have them revisit the hypothetical situations a third time, discussing them as a group. On their individual handout, students should circle any answer they want to change from the previous two rounds.

Groups should report out on their conversations. What article did they read? What was it about? What policy questions did it raise, and what did students think? What constitutional questions did it raise, and what did students think? In addition, they can share any disagreements or changed opinions they have about the hypothetical situations.

If you want to extend the debrief, you can choose one hypothetical situation to restate as a claim, such as "Public school students should be able to criticize school personnel and policies on social media." Have one student take a stand for the statement. Have another student take a stand against the statement. Each student can make a brief speech in support of his or her statement. Then, one at a time, other students can join the two sides, making additional arguments to support or refute the statements until all students are standing. Students are allowed and encouraged to switch sides as they are swayed.

Finally, ask students to complete this "exit ticket" (PDF) before leaving class. It asks the following questions:

1. Identify at least three ways in which speech can be regulated or limited.
• Answers may include time, place and manner restrictions.
• Answers may include distinctions between high- and low-value speech.
• Answers may vary but must address issues discussed in the essays.

2. Describe two areas in which there is some debate over whether speech can be regulated.
• Answers may include social media commentary, bullying and harassment types.
• Answers may include low value speech, campaigning or speech that costs money.
• Answers may include advocating violence, terroristic threats and artistic speech.
• Answers may include speech on high school and college campuses.

3. Explain one way in which your understanding of the speech provision of the First Amendment has changed over the course of today's lesson.
• Students who are stuck may use their warm-up handouts to check how their attitudes changed after reading the essay and talking to others.
• Students may explain any way in which their understanding has changed, including differences between high- and low-value speech, the lack of protection that citizens have against corporations or employers, the actions that have been interpreted as speech, or anything else they may have learned over the course of the lesson.

4. When can the United States government limit the freedom of speech?

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Trigger Warnings, Safe Spaces and Microaggressions: Discussing Questions of Freedom of Speech on Campus

Analyzing the Relationship Between the Press and the President: A Lesson Plan

Freedom of Expression, Online: Outlining the First Amendment for Teenagers

How Important Is Freedom of the Press?

Should Free Speech Protections Include Self Expression That Discriminates?

Should You Always Have the Right to Wear What You Want?

Are School Dress Codes a Good Idea?

Do Laws That Ban Offensive Words Make the World a Better Place?

Should 'Despised Dissenters' Be Allowed to Speak on College Campuses?

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Staci Garber is a social studies teacher at Caravel Academy in Bear, Del., and a member of the Teacher Advisory Board at the National Constitution Center.

Guided Reading Activity 13 3 Freedom of Speech Answers

Source: https://www.nytimes.com/2018/09/12/learning/lesson-plans/freedom-of-speech-a-lesson-on-understanding-the-protections-and-limits-of-the-first-amendment.html

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