Cantu: Chapter 9

When Are The Freedoms Of The First Amendment Not Absolute?

The ideals, values, and principles that form the goals of civic education require secondary social studies teachers to utilize a variety of instructional and curricular approaches.  One approach can be a learning center where students use instructional materials to explore a topic alone or in groups.  Above, is a photograph of a civics learning center I created this year over the limits of free speech.  I used the Angry Birds © theme to generate student interest, as it is currently a part of the American cultural zeitgeist.

This lesson presumes that students are familiar with free speech issues and have some familiarity with Supreme Court cases.*  Students are often surprised to learn that there are limits to the freedom of speech and connecting this topic to their life experiences is a critical step in creating an engaging learning experience that will aid students in retaining knowledge.  This learning center asks students to become actively involved in the learning process and take responsibility for their own understanding.   By examining the boundaries of the First Amendment and the facts that there are disagreements about what constitutes our most fundamental and our most contested right, students will generate an original comic strip showing the outcome of their insight.

*  iCivics is a great online resource offering innovative educational materials. Founded by Justice Sandra Day O'Connor it offers the nation's most comprehensive, standards-aligned civics curriculum that is available for free on the Web.

Learning Standards:
National Standards for Civics and Government
Grades 9 - 12 Content Standards
V.B.5. Scope and limits of rights.  Students should be able to evaluate, take, and defend positions on issues regarding the proper scope and limits of rights.

Understandings Reinforced by the lesson: the scope and limit of rights related to the freedom of speech are defined by principles established through Supreme Court decisions and case law.  http://www.civiced.org/index.php?page=912toc

Illinois Learning Standards for Social Science
STATE GOAL 14: Understand political systems, with an emphasis on the United States.Understanding the development of United States political ideas and traditions.
14.F.5. Interpret how changing geographic, economic, technological and social forces affect United States political ideas and traditions (e.g., freedom, equality and justice, individual rights).

Student Objective(s):
Students will…

• State the constitutional basis for freedom of speech.

• Explain the importance of free speech in a democratic society.

• Explain events that prompted courts to define principles for deciding free speech issues.

• Develop an appreciation for the complexities involved in finding the limits to free speech.

• Use sound reasoning to defend a position.

List & Description/Directions for Activity/Activities:

Reading Activity: Read in order to make inferences and gain meaning.  Discern the facts.

Writing Activity: Synthesize information.  Explain ideas or concepts.  Write to contribute ideas, information, and express own point of view.

Listening Activity:  Listen for understanding.  Discern the facts.  Listen to both sides of an issue.

Speaking Activity: Speak clearly to contribute ideas, information, and express own point of view.

Viewing Activity:  View information in order to make inferences and gain meaning. 

Visually Representing:  Synthesize information.  Explain ideas or concepts. Collaborate with others to deepen meaning.  Support decisions with the facts.  Show initiative and self-direction. 

1. Students will read the materials posted on the trifold board from left to right.  An overview of the basic ways the Supreme Court has interpreted the guarantee of freedom of speech to provide no protection or only limited protection for some types of speech will be displayed.
2. Students will work together in small groups to review a collection of U.S. Supreme Court cases related to free speech in order to identify and classify principles established by the Court that help define the limits for us today.  
3. Students will choose one free speech scenario to analyze what matters in light of the principles studied. 
4. Students will have an opportunity to express their own point of view as they contribute ideas and information to the construction of the final product.  
5. Students will work together to create a comic strip that clearly states both sides of the issue for one of the scenarios presented.  Students will use characters from Angry Birds ©  (a popular video game) to construct their comic strip.  Students will clearly demonstrate through the use of word balloons or speech bubbles what free speech principle is being debated between the birds and pigs.  No additional points will be given for any literal translation of the video game in regards to specific multi-colored birds, levels, or pigs.  In general, if students place the pigs on one side of an issue and birds on the other - the artistic requirements have been met.

Scoring Rubric for Free Speech Comic Logic & Argumentation

All ideas flow logically; the argument is identifiable. Students successfully offer counter-argument; makes creative connections to free speech principles.	Argument clear and makes sense.  Some evidence that offers the counter-argument. Some connection to free speech principle is made.	The argument may be unclear.  May not address counter-arguments or make any connections with the free speech principle.  May also contain logical contradictions.	Ideas do not flow at all, usually because there is no argument to support.  There is no effort to grasp possible alternative views.  Very weak attempt to demonstrate free speech principle.	Too incoherent to determine.
10-9	8	7	6	5>0

No additional points will be given for any literal translation of the video game in regards to specific multi-colored birds, levels, or pigs.  In general, if students place the pigs on one side of an issue and birds on the other - the artistic requirements have been met.