Summary
In this U.S. government lesson, students will explore limitations to the Constitutional right to free speech by analyzing court cases that use the "clear and present danger" precedent. They will do so by learning about the Supreme Court case Gitlow v. New York and analyzing other cases that similarly evaluate the freedom of speech.
Essential Question(s)
How does Gitlow v. New York demonstrate how the First Amendment protects people’s right to free speech?
Snapshot
Engage - Students respond to true or false statements regarding freedom of speech in a class-wide discussion.
Explore - Students sort claim cards of court cases to predict whether or not the defendant is protected by the First Amendment.
Explain - Students watch an animated video and read a brief over Gitlow v. New York while filling out a graphic organizer.
Extend - Students revisit court case claim cards and resort them based on newly acquired knowledge.
Evaluate - Students answer the question “How does Gitlow v. New York show how the First Amendment protects people’s right to free speech?”
Materials
Lesson Slides (attached)
Claim Cards Explore handout (one per group, attached, print one-sided)
Claim Cards Categories handout (one per group, attached)
Protected or Not Protected handout (one per student, attached)
Graphic Organizer handout (one per student)
Gitlow v. New York Brief handout (one per student)
Claim Cards Extend handout (one per group, attached, print one-sided)
Pen/Pencils
Scissors
Engage
Use the attached Lesson Slides to guide the lesson. Display slides 3 and 4 to introduce the lesson’s essential question and learning objective.
Move to slide 5 and inform the students that they will view several statements about the First Amendment and how it protects freedom of speech. They will decide whether each statement is true or false. If they believe a statement is true, they sit on the floor. If they believe the statement is false, they stand. Have the students return to their seats between each of the statements.
Display slides 6-10 and ask students whether they believe the statements are true or false. Take time to discuss as a class why they believe that a statement is true or false.
Answer Key:
Freedom of speech is limited. (T)
Threatening a person with violence is protected by freedom of speech. (F)
Everyone has the right to freedom of expression. (T)
Freedom of speech does not cover social media. (F)
Freedom of speech includes art, music, written expression, and other mediums. (T)
Display slide 11 and go over the First Amendment with the class. Inform the class that today they will be focusing on the section regarding freedom of speech.
Explore
Display slide 11 and introduce the 1st Amendment to the US Constitution to demonstrate where the freedom of speech originates.
Display slide 12 and introduce students to a modified Claim Cards instructional strategy. Inform students they will review several freedom of speech court cases. Assign students to work in groups of 3-4. Each group reads over the claim cards one at a time and sorts them as a group to answer the following question:
“Is the action of the defendant(s) protected by the First Amendment and freedom of speech?”
Pass out a Claim Cards Explore handout, the Claim Card Categories handout, the Protected or Not Protected handout, and a pair of scissors to each group. Have a student in each group cut the claim cards apart. Inform students that as their group goes through the claim cards, they will keep track of where they sort each case using the Protected or Not Protected handout. The students will only fill out the first set of boxes under “Sort 1.”
Move to slide 13. Have the students discuss each card, then sort their claim cards into a protected and not protected pile based on the displayed question. Give the students about 10 minutes to sort their cards.
Once the class has finished sorting, ask for a volunteer from each group to share about one of the court cases and why they put it in their protected or not protected pile.
Explain
Display slide 15 and inform the students that they will be watching a video about freedom of speech and the Gitlow v. New York case. As they watch the video, encourage students to pay attention to what they notice and to examine any questions they wonder about freedom of speech. This is a modified I Notice, I Wonder instructional strategy. Play the Gitlow v. New York video for students.
Once the video is over, display slide 16. As a class, take some time to discuss what the students notice and wonder about freedom of speech and the case Gitlow v. New York.
After a quick discussion, display slide 17. Pass out the Graphic Organizer handout and Gitlow v. New York Brief handout to each student. Give the students 10 minutes to use the Gitlow v. New York brief handout to fill in the graphic organizer in their own words.
Extend
Day 2
Reintroduce the lesson by sharing the essential question and learning objectives on slides 18 and 19. Display slide 20 to remind students of the First Amendment.
Display slide 21. Have students form the same groups they worked in for the first claim card sort. Inform the students that they will be sorting the same cases they looked at before, but each card now has more information. Pass out the Claim Cards Extend handout and have the students get their Protected or Not Protected handout and their Claim Card Categories handout they used previously. Have a student cut the new set of claim cards apart.
Display slide 22 and have them consider the First Amendment and the Gitlow v. New York case, re-evaluate, and sort again to answer the question:
“Is the action of the defendant(s) protected by the First Amendment and freedom of speech?”
Ask students to check the second set of boxes under “Sort 2,” showing whether the case stayed or moved from the protected or not protected pile. Give students 10 minutes to discuss and sort their cards.
Display slide 24 and inform the class that you will discuss each individual case. As you display each case, have each group hold up the protected or not protected card they used for sorting. Go through slides 25-29 and discuss each case as a whole group.
Evaluate
Display slide 30. Have students get out their graphic organizers from the Extend portion of the lesson. Next, ask them to answer the essential question at the bottom of their graphic organizer. Once students have answered the question, have a quick discussion about their answers and collect the papers.
Resources
K20 Center 10-minute timer. YouTube. (2021, September 21). https://www.youtube.com/watch?v=EVS_yYQoLJg
K20 Center. (n.d.). Claim Cards. Strategy. https://learn.k20center.ou.edu/strategy/160
K20 Center. (n.d.). I Notice, I Wonder. Strategy. https://learn.k20center.ou.edu/strategy/180
K20 Center. (n.d.) Gitlow v. New York. Video. https://www.youtube.com/watch?v=eSIACD4skAQ
