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.
Freedom of Speech
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.
Freedom of the Press
Students explore the scope and limitations of the First Amendment provision that protects freedom of the press. The lesson poses a hypothetical scenario involving student journalists handling private information. After a brief class discussion, students investigate the history, various interpretations, and modern relevance of First Amendment freedom of the press protections in the Interactive Constitution. The lesson builds on the freedom of speech lesson plan by asking students to compare and contrast the freedoms of speech and press through discussion questions including: How are speech and press related? and How are speech and press key to democratic functions?
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.
Nike v. Kasky (2003)
Are statements issued by a Nike, Inc. considered commercial speech or protected speech? This case summary shows how the Supreme Court answered this question in 2003.
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.
Williams-Yulee v. Florida Bar (2015)
Does a law that prohibits candidates for judicial office from personally asking for campaign funds violate the First Amendment? This case summary looks at First Amendment protections against Florida Bar Association regulations.
The First Amendment and Teens
What does the First Amendment mean in the lives of teens? Over the years, the Supreme Court has struggled with First Amendment issues to determine what constitutes protected speech and, in particular, the speech of students. These activities, which engage all learning styles, apply Supreme Court precedents to relatable, teen scenarios. The modified trial simulations have been well tested in federal courtrooms. The resources are ready for immediate use in courtrooms and classrooms.
The First Amendment: What’s Fair in a Free Country?
Young people have a profound sense of the importance of fairness. “It’s not fair” is often used as a one-size-fits-all argument when a child feels victimized. In situations where the child has an interest in protecting his or her actions, “It’s a free country!” is often the argument of choice. On the other hand, children are very sensitive about speech and policies they consider to have a negative effect on their well-being.
Balancing rights and responsibilities is difficult, even for the Supreme Court. This lesson demonstrates to students that doctrine of freedom of speech and its proper application is an ongoing process.