In this lesson, students examine the historical context and the drafting of the First Amendment by examining the motivations of the founding generation. Students will also examine various types of “speech,” such as symbolic speech, hate speech, and political speech, to address the scope of protections promised by the First Amendment and learn that speech can only be limited when it is intended to and likely to cause imminent violence. In each instance, students will explore when the government has some authority to restrict speech; areas of consensus among scholars, judges, and citizens; the strongest constitutional arguments on each side of contested issues; and U.S. Supreme Court cases that have addressed free speech rights.
First Amendment Overview
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 peaceably to assemble, and to petition the Government for a redress of grievances.
Rights in America
This DocsTeach page includes a variety of primary sources and teaching activities exploring the ways Americans, including African Americans and others, have fought for, attained, and protected their rights. Many documents at the National Archives illustrate how individuals and groups asserted their rights as Americans. Use this site to find teaching activities to explore the topics such as slavery, racism, citizenship, women’s independence, immigration, and more.
Freedom of Assembly: The Right to Protest
This lesson will focus on freedom of assembly, as found in the First Amendment. Students will consider the importance of the right to assemble and protest by analyzing cases where First Amendment rights were in question. Using the case National Socialist Party of America v. Village of Skokie, students will consider if the government is ever allowed to control the ability to express ideas in public because viewpoints are controversial, offensive, or painful. Students will use primary sources and Supreme Court cases to consider whether the courts made the correct decision in the National Socialist Party v. Skokie case. Students will be able to form an opinion on the essential question: Is the government ever justified to restrict the freedom to assemble?
Freedom of Assembly: National Socialist Party v. Skokie
This film explores the First Amendment right of the “people peaceably to assemble” through the lens of the U.S. Supreme Court case National Socialist Party of America v. Village of Skokie. The legal fight between neo-Nazis and Holocaust survivors over a planned march in a predominantly Jewish community led to a ruling that said the neo-Nazis could not be banned from marching peacefully because of the content of their message.
Landmark Supreme Court Cases
In a partnership with the National Constitution Center, Khan Academy talked to constitutional scholars about ten of the most significant Supreme Court cases in history. Teachers can use this lesson as a supplemental resource during their Supreme Court unit to show how constitutional scholars can debate the outcomes of Supreme Court cases, as well as the impact these cases have had on the United States.
The Bill of Rights
In this series of videos, students will hear from constitutional scholars such as Professor Tracey Meares of Yale University, Professor Orin Kerr of George Washington University, Dean Erwin Chemerinsky of Berkeley Law, and Michael McConnell, the director of the Stanford Constitutional Law Center. In these videos, two scholars discuss their interpretations of the amendments, often giving different points of view and interpretations.
‘Let Me Believe’
The thoughts of the Founding Fathers never sounded so good in this rap “Let Me Believe” about our freedoms in the First Amendment. Three rappers who went on to win Constituting America’s Best Song in its We the Future contest provide a unique way to explain our freedoms. You have a video that is a teaching tool you have been seeking to help students understand the First Amendment.
‘Speech Is More Than Speaking’
“Speech Is More Than Speaking” is a We The Future Contest winner for Best Short Film by Jacob VanDerwerken. What is Freedom of Speech if you cannot speak? Using American Sign Language, Jacob VanDerwerken explains the First Amendment’s Freedom of Speech is not just verbal language. This video is a discussion starter for students and adults.
How to Have a Civil Civic Conversation
Filmed on a Constituting America Winner Mentor Trip, five young ladies share their thoughts on how to agree to disagree and how to have a discussion and still remain friends. Through personal experience these students have learned a lifelong lesson. Enjoy learning their lessons while you discuss yours. When watching you will see each person’s name, title and number. The number is their age. The title is the contest area they won in the We the Future contest. Check out the website for the contest information. Who knows maybe soon you will see your talent on the Civics Renewal Network and Constituting America!