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Darlene Tallman
Henninger High School
Syracuse, N.Y.
Title: Why Can't I Say That? Expedition 1
Student goals
- Students will introduce themselves to the First Amendment of the Constitution.
- Students will explore how they may exercise their First Amendment Rights
in a school setting.
Objectives:
- Define the relationship of the First and 14th Amendment in regards
to student rights in their own words.
- Analyze and evaluate their standings as U.S. citizens and scholastic journalists.
- Define prior restraint and prior review.
Activities
Student content below:
The First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people to peaceably assembe. and to petition
the government for a redress of grievances.
It sounds simple
and straight forward doesn't it? Let's explore the issue more carefully.
Directions: Visit the following links in the order that they appear
on the page. Carefully read through the materials on the site. Be sure
to keep good notes so that you will be able to respond to the following questions
in class discussion:
- How as a student journalist am I able to exercise my First Amendment
rights?
- How far do my First Amendment rights go as a student?
- Are my rights being infringed upon by school rules? State laws? My parents?
Task 1
- Visit the following site and answer the questions
provided.
FindLaw:
U.S. Constitution: First Amendment (http://caselaw.lp.findlaw.com/data/constitution/amendment01/)
- This link provides a copy of the First Amendment and links to various
areas of life that court cases involving it have touched.
- Follow three of
the links to see how the court ruled. Be sure that the cases involve adults.
Do you agree with the decisions? Think about why you agree or disagree.
Add the cases that really interest you to your favorites to come back to
later. Try not to spend more than 30 minutes here.
Task 3
Task 4
Task 5
Task 6
- Read through the 14th Amendment provided below.
Then do the assignment at the bottom of the page. The following text is
the 14th Amendment of the U.S. Constitution. It is important because
most First Amendment cases involving education only come before the Supreme
Court if they are found applicable under the 14th Amendment. Usually
such cases fall under the Equal Protection Clause or Due Process Clause
in Section 1. Read through the amendment. If you need further clarification
follow the links provided.
- 14th Amendment - Rights Guaranteed Privileges
and Immunities of Citizenship, Due Process and Equal Protection Amendment
Text
- Section 1. All persons born or naturalized
in the United States and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection
of the laws.
- Section 2. Representatives shall be apportioned among
the several States according to their respective numbers, counting
the whole number of persons in each State, excluding Indians not taxed.
But when the right to vote at any election for the choice of electors
for President and Vice President of the United States, Representatives
in Congress, the Executive and Judicial officers of a State, or the
members of the Legislature thereof, is denied to any of the male inhabitants
of such State, being twenty-one years of age, and citizens of the United
States, or in any way abridged, except for participation in rebellion,
or other crime, the basis of representation therein shall be reduced
in the proportion which the number of such male citizens shall bear
to the whole number of male citizens twenty-one years of age in such
State.
- Section 3. No person shall be a Senator or Representative in
Congress, or elector of President and Vice President, or hold any office,
civil or military, under the United States, or under any State, who,
having previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State legislature,
or as an executive or judicial officer of any State, to support the
Constitution of the United States, shall have engaged in insurrection
or rebellion against the same, or given aid or comfort to the enemies
thereof. But Congress may by a vote of two-thirds of each House, remove
such disability.
- Section 4. The validity of the public debt of the
United States, authorized by law, including debts incurred for payment
of pensions and bounties for services in suppressing insurrection or
rebellion, shall not be questioned. But neither the United States nor
any State shall assume or pay any debt or obligation incurred in aid
of insurrection or rebellion against the United States, or any claim
for the loss or emancipation of any slave; but all such debts, obligations
and claims shall be held illegal and void.
- Section 5. The Congress
shall have power to enforce, by appropriate legislation, the provisions
of this article.
- These two sites may help you understand the 14th Amendment more
clearly. Visit them if you are having trouble understanding what you
have read.
FindLaw:
U.S. Constitution: 14th Amendment (http://caselaw.lp.findlaw.com/data/constitution/amendment14/)
Equal
Protection Clause (http://caselaw.lp.findlaw.com/data/constitution/amendment14/18.html#1)
Assignment: It's time to respond. Class will complete questions that
apply. Answer them honestly. Complete your answers tonight and be ready
to share them in class. Each class member will share their work
with two other students. You must respond to your classmates responses.
Tell whether you agree or disagree and why in your responses.
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