Liberty or License: The First Amendment in Action. Teacher and Student Manuals.

96 Pages·2007·3.97 MB·English

DOCUMENT RESUME
SO 000 166
ED 041 805
24
Warren, Murray
AUTHOR
in Action.
Liberty or License: The First Amendment
TITLE
Teacher and Student Manuals.
Amherst Coll., Mass.
INSTITUTION
Washington, D.C,
Office of Education (DHEW) ,
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BR-5-1071
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(69]
PUB DATE
OEC-5-10-158
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OEG-0-9-510158-2310
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Studies,
American Government (Course), Case
DESCRIPTORS
Citizenship, *Civics, *Civil Liberties,
Thinking,
Constitutional History, Critical
Methods, Instructional
*Democratic Values, Inductive
*Slow Learners, Social
Materials, *Secondary Grades,
History
Studies Units, United State S
*First Amendment
IDENTIFIERS
ABSTRACT
the students to
This unit is designed to encourage
democratic ideals to their daily
discover the relevancy of American
meaning of the fundamental freedoms
lives. It concentrates on the
freedom of speech, press, assembly,
expressed in the First Amendment:
the student should receive some
petition, and religion. In addition,
role of
of our federal system, the
concrete insights into the nature
the
functioning of the judiciary. Through
the Constitution, and the
the press,
documented in court decisions and
use of actual cases as
the
will develop an understanding of
it is hoped that the student
limitation of individual freedom
concept of responsible freedom, and
in
with the freedom of others. Inherent
when its exercise conflicts
democratic society: respect for the
this concept are the ideals of
protection of the general
individual, equality before the law,
primarily
order. The unit is designed
welfare, promotion of law and
school students
students, i.e., those high
for the non-college-bound
under-achievers, culturally deprived,
described as slow learners,
listing of related
(See SO 000 161 for a
disadvantaged, or alienated.
documents.)
(SBE)
EXPERIMENTAL MATERIAL
SUBJECT TO REVISION
PUBLIC DOMAIN EDITION
U.S. DEPARTMENT OF HEALTH, EDUCATION
& WELFARE
OFFICE OF EDUCATION
tr1
THIS DOCUMENT HAS BEEN REPRODUCED
EXACTLY AS RECEIVED FROM THE PERSON OR
ORGANIZATION ORIGINATING IT. POINTS OF
VIEW OR OPINIONS STATED DO NOT NECES-
SARILY REPRESENT OFFICIAL OFFICE OF EDU-
'-4
CATION POSITION OR POLICY.
TEACHER'S MANUAL
LIBERTY OR LICENSE
THE FIRST AMENDMENT IN ACTION
Murray Warren
Haaren High School
New York, New York
This material has been produced
by the
Committee on the Study of History, Amherst, Massachusetts
under contract with the U. S. Office of Education
as Cooperative Research Project #H-168.
DOMAIN EDITION
NOTE TO THE PUBLIC
Study of History,
the Committee on the
This unit was prepared by
Office of Educa-
with the United States
Amherst College, under contract
the Amherst Project,
of units prepared by
It is one of a number
tion.
other units from the
either in series with
and was designed to be used
While
materials.
conjunction with other
Project or independently, in
students at
initially for college-preparatory
the units were geared
the Amherst Project
experiments with them by
the high school level,
either wholly or in part,
of many of them,
suggest the adaptability
well as in a
and ability levels, as
for a considerable range of age
number of different kinds of courses,
schools
experimentally in selected
The units have been used
teaching/learning situa-
wide range of
throughout the country, in a
in the
will be incorporated
The results of those experiments
tions.
H-I68,
Cooperative Research grant
Final Report of the Project on
through ERIC.
which will be distributed
here is the same as
the unit reproduced
Except in one respect,
The
by the Project.
prepared and tried out
the experimental unit
articles which originally
removal of excerpted
single exception is the
received
While the Project
under copyright.
appeared elsewhere and ale
these materials
and publishers to use
special permission from authors
remains in force,
the original copyright
in its experimental edition,
They
.public domain.
such materials in the
and the Project cannot put
bracketed summaries, and
the present edition by
have been replaced in
in order that the
references have been included
full bibliographical
in the original.
reader may'find the material
1966.
of
prepared in the summer
This unit was initially
4
This unit is designed to encourage the students to discover
and
that the ideals of American democracy which may seem abstract
remote when seen in the pages of the text-book have a real rele-
Far from being mere abstrac-
vancy for them in their daily lives.
tions these ideals are as real as the laws of our country and
the police who enforce them; as real as the protests and demon-
strations by which people struggle for these ideals, and the
riots and bloodshed that sometimes result; as real as the wars
fought to preserve them, and the lives lost in those wars.
Specifically, the unit concentrates on the meaning of the
freedom
fundamental freedoms expressed in the First Amendments
In addition
of speech, press, assembly, petition and religion.
the student should receive some concrete insights into the
and
nature of our federal system, the role of the Constitution,
government
the functioning of the judiciary--in short, how the
them.
which runs their country operates and what this means for
This unit helps the students make these discoveries by
the
focusing on real events related to the freedoms listed in
Through a study of these realistic materials,
First Amendment.
for
it is hoped that the student will develop an appreciation
the concept of responsible freedom and the process by which the
the
ideal of maximum freedom for each individual is limited when
of another
exercise of that freedom conflicts with the freedom
individual or group.
A major aspect of freedom is the guarantee of individual
Perhaps in no other place does the basic
and minority rights.
democratic ideal of majority rule which reapects the rights of
the minority find better expression than in the First Amendment.
Inherent in this study of the concept of responsible freedom
respect for the individual,
are the ideals of democratic society3
equality before the law, protection of the general welfare,
promotion of law and order.
It is hoped that working with this living material will
assist the student in developing his skill in critical thinking
It may foster an attitude of greater open-
ond expression.
In addition,
mindedness and tolerance for opposing viewpointb.
in studying the thinking of some of the best minds in the na-
tion, the student may develop a respect and appreciation that
will elevate his value judgments.
This unit is designed primarily for the non-college prepara-
This type of student has been described as a "slow.
tory student,
learner", as an "under-achiever", as "culturally deprived," as
All of these terms describe
"disadvantaged," and as "alienated."
the student for whom this material is intended9 but it is impor-
of the
tant to remember that all of the students do not meet all
A student who is "slow" is not an under-achiever.
descriptions.
necessarily "slow."
A student who is "disadvantaged" is not
necessarily
Similarly, one who is "culturally deprived" need not
be either "slow" or an "under-achiever."
It is important for the teacher to remember that even in
follows a "track system" there will
a graded class or one that
and motivation.
be, substantial differences in ability, background,
suffi-
With this in mind, the unit has been designed to provide
to differentiate among
cient variety of materials for the teacher
the various categories of students.
Some of the readings are fairly brief, while others are
Some make their point clearly and openly
substantial in length,
analysis and
while others contain a variety of ideas requiring
It is not
Thus the unit should be used with care.
evaluation,
able to cope
expected by any means that every student will be
To assist the student
with everything contained in this unit.
been incorporated in the student manual.
a number of devices have
underlining
In the first sections emphasis has been added by
This device has been employed to assist
significant passages.
which he has
the student in handling material of a type with
In a number of cases the opinions of the
had little experience.
national
Supreme Court have been supplemented by articles from
In a
magazines which summarize and highlight the key points.
opinions
few cases, the periodical coverage replaces the Court
Despite this, some of the secondary goals and con-
entirely.
students, but
cepts may be beyond the ability of the slowest
should be within
the basic theme as detailed in the introduction
the grasp of all.
should be
With these considerations in mind, the teacher
material for
prepared to differentiate, edit, eliminate or add
teacher of
No one can know a class as well as the
some students.
that all
With this in mind, we remind the teacher
that class.
is merely sug-
of the material contained in the teacher's manual
its appli-
He will have to make his own decisions as to
gestion.
In general the unit has
cability to his particular classes.
.
Freedom of Speech,
been structured to begin with the section on
need of the class
Assembly, and Petition, but should it serve the
the order in which the
the teacher should feel free to rearrange
unit is presented.
device
The following brief attitude check is included as a
of his students
to enable the teacher to ascertain the feeling
These questions, in a
at or near the beginning of the unit,
much of the
simplified form, represent the issues around which
It may well be of value to know the feelings
unit revolves.
The teacher
students.
and conceptions or misconceptions of the
attitude check again at the end of the unit.
may want to use this
3
right answers
be told that there are no
The students should
give their own opinions.
and that they should
Not Sure
Disagree
Agree,
to
People should be allowed
criticize the government,
allowed
Communists should be
2.
to speak freely.
should
Only well-known groups
.:.rawr
f.
meetings.
be allowed to hold
print
Newspapers should just
4.
facts, not opinions.
decide what
The police should
5c
hold public
groups should
meetings.
should be
Movies and television
6.
they are
censored to make sure
"clean."
1211Mirait
to being a
A person who admits
78
allowed to
communist should be
distribute literature.
=zumacrailrit
against relit'
A person who is
8
to
gion should be allowed
opinions.
publish and speak his
0211AlitaxaMINVILI
serious
In time of war or
should
trouble9 the government
what
have greater control over
is said or written,
7121IMP
MarmoUNCONCLZIai
allowed
People should not be
10.
House.
to picket the White
IN!
tasscacioS.raca
United
Demonstrations against
110
should
States foreign policy
be prohibited.
treat
The government should
12.
religious
small and unusual
manner as
groups in the same
well-known.
it treats the
4
-
-
Not Sure
Disagree
Agree
A person should be punished for
13.
what he does not for what he
says.
A newspaper that attacks a
14.
famous person should not be
punished if it only states
its Opinion.
Books sold to children should
15.
be censored, but not those
sold to adults.
An independent candidate for
16.
office should not hold street
rallies the way a party candi-
date can.
The government should make
17.
sure that radio and television
stations are neutral in poli-
tics.
The government should he pro-
18.
hibited from helping reli-
gions.
The government should protect
19.
peaceful demonstrations, even
those against what the govern-
ment is doing.
The Bible should be read in
20.
the public schools.
.
- 5
FREEDOM OF SPEECH, ASSEMBLY, AND PETITION
An Incident
The brief episode which introduces the section describes a
blatant violation of free speech. It is included here to have
students identify the issue and identify with the topic, and
to have them take a stand on the issue.
Students might be asked the following questions for discus-
sion:
What is the real issue?
1.
What are your feelings or beliefs about the real issue?
2.
Why?
How do your beliefs about the real issue relate to the
3.
events described?
If you were the principal at this school and the student
4.
involved protested his punishment, what would you do?
Why?
Fdlowing the above line of questions, it would be hoped that
the students would articulate that the issue involved is free-
It is also hoped that students would state that
dom of speech.
they believe that people should have freedom of speech.
The
third question is suggested to begin the practice of making speci-
The fourth
fic reference to the materials under consideration.
question prepares them for the role of the Supreme Court in the
cases immediately following.
In any case it is hoped that the students will identify with
the student in the episode and take a strong stand favoring free
speech,
auesh To, hat Violates Public Pe, ace
This portion of the unit introduces the idea of limits on
free speech and the difficulty of determining those limits.
It
presents the concept of balance," that one right must not in
It emphasizes the reasons for and the impor-
fringe on another.
tance of judicial dissent and illustrates the role of the Supreme
Court as an interpreter rather than as a maker of law.
The introduction presents a simplified but accurate summary
of an actual incident that resulted in a case which was appealed
In its decision in the
to the Supreme Court, Feiner v. New York.
freedom of speech could
case the Court established the rule that
This case gives
not be used as a cloak to incitement of riot.
the students an opportunity to see some,of the complexity sur-
rounding the First Amendment and the hittoric reasons for some
restraint of what on the surface seems to be an absolute right.
It also provides an opportunity for students to develop skills
in the use of primary source material and in exercising inde-
In this and other court decisions that fol-
pendent lenient.
low throughout the unit, the opinions have been excerpted to
present the essence of the case and the reasoning of the judges
and to eliminate side issues and legal terminology.
In addition, study of this case provides an opportunity for
Feiner, convicted of
students to examine the federal system.
violating a New York statute, appealed to the Supreme Court on
the First
the grounds that the statute was in contradiction to
The First Amendment has
Amendment guarantee of free speech.
been made applicable to the states by the Fourteenth Amendment
which says that no ptate may deprive a person of life, liberty or
property without due process of law.
Suggested Procedures:
Give the students an opportunity to read the descrip-
1.
tion of the incident and to formulate answers to the personalized
questions contained in the student manual.
To clarify the issue before reading the opinions, the
2.
students could be asked "What do you think is the main issue on
This question
Why?"
which the Supreme Court decided the case?
should emphasize that the Supreme Court is not interested in
whether or not Feiner is guilty of disorderly conduct but in
whether or not the statute under which he was convicted conflicts
with the First Amendment.
The relationship between the Supreme Court and local
3.
government and some of the problems inherent in a federal form
Feiner
of government can be brought out by asking "How could
appeal to a Federal Court if he was accused of breaking a New
York State law?"
Give the students an opportunity to study the opinions.
4.
On this first case it is suggested that this be done in class so
which
the teacher will be available to help with any difficulties
Notice that the selection does not identify which
may arise.
Justice is speaking for the Court and which is in dissent.
Topics for class discussion:
5.
Which opinion do you think speaks for the majority?
a)
Why?
Why?
Which opinion do you agree wish?
b)
would that
If you believe Feiner was guilty9 how
c)
How might it affect you?
decision affect other speakers?
the police
If you feel he was innocent, what should
d)
What if there was a riot?
have done?
should realize
After discussing these topics the students
establish precedents which
that decisions of the Supreme Court
Courts throughout the nation and
will be observed by Federal
upheld, it would encourage
that, if the New York statute is
legislation.
other municipalities to enact similar
The
guilty.
In this case the majority held that Feiner was
freedom of speech could
Court thus established the guideline that
public street.
not be used to incite riot, especially on a
auegh ,That Creates Public Ana=
resemblances
The case described in this reading bears many
Yet the Supreme Court could see enough es-
to the Feiner case.
receive the case on
sential difference to grant certiorari and
that stirring unrest and
In this case, the majority held
appeal.
speech and that the
controversy was a proper function of free
proportions as to constitute
disturbance had not yet reached such
therefore
The fact that this was an indoor meeting and
a riot.
to have been a
not likely to involve the casual passerby seems
fur-
This case was included to give the students
crucial point.
and in discovering how
ther experience in studying decisions
will cover all future
difficult it is to render a decision that
in detail and degree.
events which will of necessity differ
find Terminiello a
It is expected that the students will
Feiner and that they will dis-
much more hateful character than
The questions that follow
play righteous prejudice against him.
the opinion and dissent
the presentation of the case yet precede
the students an opportunity to articulate
are designed to give
their feelings and prejudices.
Suggested Proceduress
the case should be
The introduction and descriptions of
1.
The students should be asked to answer
given as an assignment.
These
of the case.
the questions which follow the description
thinking and provide
questions should help clarify the students
motivation for study of the Court °s opinions.