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: Speech
When does the First Amendment allow the government to limit speech? Many Americans struggle with understanding the language and subsequent interpretation of the Constitution, especially when it comes to the rights encapsulated in the First Amendment. While many Americans can agree that speech should be protected, there are disagreements over when, where, and how speech should be limited or restricted. This lesson encourages students to examine their own assumptions and to deepen their understanding of current accepted interpretation of speech rights under the First Amendment, including when and where speech is protected and/or limited. It should reinforce the robustness of the First Amendment protections of speech.
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.
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.
Freedom of Speech: Finding the Limits
As part of the Bill of Rights, freedom of speech is guaranteed by the Constitution, but it is not defined by it. That task is left up to the people through a representative government that makes the laws and a judicial system that interprets and applies the laws to resolve disputes. In this lesson, based on the Annenberg Classroom video “A Conversation on the Constitution: Freedom of Speech,” students gain insight into the many challenges involved in defining and protecting free speech. They also learn about principles that come from Supreme Court decisions and case law that are applied to define the limits for us today.
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?
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.
You Can’t Say That: In My Opinion
Apply what you learned about constitutional exceptions to the First Amendment by studying a modern situations. Be sure to summarize the facts of the situation and then present your opinion about whether the actions of the individual in the scenario were protected by the First Amendment. If you disagree with the court, school or law enforcement’s decision, be sure to explain why you disagree.
govinfo.gov
govinfo.gov offers a way to discover and access Government information from the three branches of the U.S. Government. Search or browse more than 50 collections of legislative, executive, and judicial primary source content. Find: Congressional bills, hearings, or the Congressional Record; Executive orders, presidential speeches, and regulations in the Federal Register; Opinions from more than 100 U.S. courts, and more. Use govinfo.gov on any device for official, digital, and secure content.
The Sedition Act: Certain Crimes Against the United States
The Sedition Act of 1798 passed during John Adam’s administration by the Federalist Party touched off a lively debate about the right of free speech. It also presented an early test case to the citizens and government of the United States. In times of war or imminent danger, how do you balance the need for security with the rights of individuals? How can partisan politics affect the process of shaping security policies?