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.

Free Speech Essentials

Do your students know what they’re free to say online? At school? On a public street corner? From censorship to cyberbullying, the First Amendment and the freedoms it protects are as hotly contested as ever. This EDCollection explores 16 free speech debates ranging from the founding of our nation to recent headlines to illustrate what free speech actually means, where it comes from, and how far it can go. Whether you’re a social studies teacher looking for a complete unit or an English teacher looking to spend a single class period on free expression, there’s something for everyone. Free registration required.

Grades 9-12
Foundations of Democracy
Lesson Plans

Government Speech Under the First Amendment

This lesson teaches students, through a simulation related to government-sponsored Confederate monuments, about the government-speech doctrine under the First Amendment. In particular, this lesson aims to (1) introduce students to the issue of government speech; (2) teach the doctrine; (3) apply the doctrine in a contemporary context; and (4) critically analyze the doctrine.

Schenck v. U.S. (1919)

Did Schenck’s conviction under the Espionage Act for criticizing the draft violate his First Amendment free speech rights? Schneck was convicted for distributing anti-draft leaflets because the leaflets allegedly caused insubordination.

Grades 7-12
Judicial Branch/Supreme Court
Research (Digests of Primary Sources)