1. Warm Up (In google doc):
In your Interactive Notebook: Unit 2 - Lesson 8 Free Expression & the First Amendment
LESSON ESSENTIAL QUESTION:
How does the Supreme Court interpret and protect the Constitution?
ESSENTIAL VOCABULARY for lesson:
Federal Jurisdiction, State Jurisdiction, Original Jurisdiction, Appellate Jurisdiction
Federal District Court; Federal Appeals Court; Supreme Court
Remand, Overturn, Uphold
Warm Up (In google doc):
On the handout, pick out 10 rights you think should be guaranteed.
WRITE: What rights do you think you have?

2. Lesson 8 Performance Task:
In your Interactive Notebook: Unit 2 - Lesson 8 Free Expression & the First Amendment
Lesson 8 Performance Task:
Choose between:
Select an issue you care about and develop: 1) a sign/slogan advocating it; and 2) either a petition you can get other students to sign; OR write a letter to the editor about it
Create a guide for teachers, principals, and coaches that explains the constitutional separation between church and state. Indicate what religious or prayer based activities ARE permitted within school, and give examples of activities that the constitution and courts prohibit
Annotate & evaluate the text of the 2nd amendment. Explain why the amendment refers to the need for a “well regulated militia.” Do you believe that government has the power to regulate the types of weapons that people may own?
Evaluate the Supreme Court’s ruling in Roe v. Wade. What was the constitutional basis for the decision. Do you agree with the court that the constitution protects a woman’s right to choose an abortion? Why or why not?
Class Website:
DEADLINES & HOMEWORK:
Test Corrections: By _______
Performance Task Deadlines:
Lesson 6: Due Now!
Lesson 8/9: Due AT END OF NEXT LESSON
Vocab Quizzes
8/9 – End of next lesson
10/11/12 – end of lesson 12
Unit 2 Test: COMPREHENSIVE: ___________

3. The Bill of Rights Read the amendments on the handout.
first 10 amendments to the Constitution
Demanded by anti-federalists
Designed to protect individual rights
Read the amendments on the handout.
Match them up with the rights you picked out during the warm up
Quick Write: What do you think might happen if government were not required to guarantee these rights?

4. Re-read & annotate the 1st Amendment
What’s in it?

5. 1st Amendment
Freedom of Speech
Cannot punish you for speaking

6. Protected vs. UNPROTECTED SPEECH
Slander
Saying untrue things about someone in order to make them look bad
They can sue you
Libel
Writing / publishing false statements to make someone look bad
Obscenity / pornography
May be regulated
inciting a riot
Eg: shouting “fire” in a crowded theater
Using hate speech at racially charged event
False advertising
Companies can be sued for misleading the public
Political speech
Expressing your beliefs verbally or in writing
(even if they are hateful)
Cultural expression
May look and dress the way you want (except for indecent exposure)
Religious expression
Prisoners may wear yalmuka’s or turbans;
State employees may wear personal religious symbols that don’t advocate religion for others

7. Free Speech Case Analysis
TAKE 10 MINUTES TO RESEARCH Free Speech Cases:
Use Street Law to find information about:
Odd # groups: Tinker v Des Moines:
Even # groups: Texas v. Johnson:
Use Case analysis template to organize:
Name of case & date of ruling
Facts of the case
the arguments on each side
Your opinion
The Majority opinion of the court

8. 1st Amendment Freedom of Religion
establishment clause -- Government can’t establish, create, or advocate any particular religion
SEPARATION OF CHURCH AND STATE
No government (including school) sponsored prayer
No public (tax) money used for religious purposes
free expression clause – you have the right to practice any religion of your choice

9. 1st Amendment Freedom of Press
Newspapers, television, and radio can say what they want to say

10. Freedom of the Press No government censorship No prior restraint
Censorship – preventing publication of certain ideas
Happens a lot in authoritarian countries
Has happened here too: certain books are banned from public schools, for example
No prior restraint
Government can’t stop a paper from publishing something just b/c it disagrees with it
One job of the press is to expose what the government does and create public dialogue about it
We need to know what the government is up to

11. 1st Amendment Freedom of Petition
Have the right to ask the government to change something

12. 1st Amendment Freedom of Assembly LIMITATIONS / RESTRICTIONS
Have the right to gather in groups
LIMITATIONS / RESTRICTIONS
Permits - Governments can require groups to get a permit to hold large protests
Can be expensive
Can restrict locations
Can require groups to pay for police presence to direct traffic & ensure safety
Time, place, and manner restrictions
Examples:
you can’t march & chant in a residential neighborhood in the middle of the night
Cannot block entrances to government buildings or private property

13. Work Time / Performance Task
Lesson 6 Performance Task (LATE!):
Write your own supreme court opinion for two cases we will study. For each:
Describe the facts of the case & identify the constitutional arguments made by each side. What part of the Constitution does the Court have to interpret?
Evaluate each argument made & indicate what you believe are the strongest arguments on each side.
Write 2-4 sentence opinion explaining how you would rule in the case if you were a supreme court justice. Your opinion should indicates the part(s) of the constitution that helped you make up your mind.
Indicate whether your point of view is consistent with the Majority or Dissenting opinion issued in the case by the actual Supreme Court.
Lesson 8 Performance Task:
Choose between:
Select an issue you care about and develop: 1) a sign/slogan advocating it; and 2) either a petition you can get other students to sign; OR write a letter to the editor about it
Create a guide for teachers, principals, and coaches that explains the constitutional separation between church and state. Indicate what religious or prayer based activities ARE permitted within school, and give examples of activities that the constitution and courts prohibit
Annotate & evaluate the text of the 2nd amendment. Explain why the amendment refers to the need for a “well regulated militia.” Do you believe that government has the power to regulate the types of weapons that people may own?
Under what scenarios can you imagine suing another person? Do you think the legal process is the best way to resolve disputes? Why or why not?
Evaluate the Supreme Court’s ruling in Roe v. Wade. What was the constitutional basis for the decision. Do you agree with the court that the constitution protects a woman’s right to choose an abortion? Why or why not?

15. Watergate
President Nixon had his staff break into the offices of the Democratic Party to steal records & tap the phones at the Watergate Hotel.
They got caught.
He tried to cover it up.

16. U.S. v. Nixon
U.S. Government sued Nixon to force him to release records about Watergate
Nixon argued that the records were top secret and confidential, and refused to release them due to Executive Privilege
Supreme Court says: no dice
Executive privileges applies to national security issues
It does not make the President above the law

17. The Pentagon Papers
A top secret Pentagon report proved that the President lied to Congress and the American people about the cause of the Vietnam War
Daniel Ellsberg, a Pentagon employee, leaked the report to the New York Times for publication
NY Times starts to publish the report

18. NY Times v. U.S. (1971) Nixon administration
charges Ellsberg with Treason for releasing national security documents
Orders NY Times to stop publishing the report
Supreme Court rules in favor of NY Times
1st Amendment: we have a free press to help stop the government from keeping secrets and lying to its people