Exploring Student Free Speech and the First Amendment
Created byDerek Parker
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Exploring Student Free Speech and the First Amendment

Grade 8Social Studies3 days
This project engages 8th-grade students in exploring the intersection of student free speech and the First Amendment through an inquiry-based framework. Students investigate the importance and application of the First Amendment in educational settings, analyzing landmark Supreme Court cases like Tinker v. Des Moines and Hazelwood v. Kuhlmeier. Through activities such as video analysis, case study carousels, mock trials, and position paper writing, students develop an understanding of how these legal rulings influence school policies and student rights. The project culminates in reflective assessments and collaborative presentations, allowing students to articulate their understanding and position on student speech rights effectively.
First AmendmentStudent Free SpeechSupreme CourtEducational PolicyTinker v. Des MoinesLegal Analysis
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Inquiry Framework

Question Framework

Driving Question

The overarching question that guides the entire project.How do the principles of the First Amendment shape student free speech rights in schools, and how have landmark Supreme Court cases influenced these rights and potential conflicts with school policies?

Essential Questions

Supporting questions that break down major concepts.
  • What is the First Amendment and why is it important?
  • How does the First Amendment apply to students?
  • What are some landmark Supreme Court cases related to student free speech?
  • How have Supreme Court decisions impacted student free speech in schools?
  • What are the potential conflicts between school policies and student free speech rights?

Standards & Learning Goals

Learning Goals

By the end of this project, students will be able to:
  • Students will understand the fundamental principles of the First Amendment and its importance in American democracy.
  • Students will investigate how the First Amendment applies specifically to student speech in schools.
  • Students will analyze landmark Supreme Court cases related to student free speech, such as Tinker v. Des Moines and Hazelwood v. Kuhlmeier.
  • Students will evaluate the impact of Supreme Court decisions on school policies and student rights.
  • Students will explore and articulate potential conflicts between student speech rights and school policies.

Common Core Standards

CCSS.ELA-LITERACY.RI.8.1
Primary
Cite the textual evidence that most strongly supports an analysis of what the text says explicitly as well as inferences drawn from the text.Reason: Students will need to analyze and cite important Supreme Court cases related to the First Amendment and student speech.
CCSS.ELA-LITERACY.SL.8.1
Primary
Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 8 topics, texts, and issues, building on others’ ideas and expressing their own clearly.Reason: Learners will discuss various perspectives on student speech rights in schools.
CCSS.ELA-LITERACY.W.8.1
Primary
Write arguments to support claims with clear reasons and relevant evidence.Reason: Students will write essays or position papers evaluating the impact of the First Amendment in school settings.

C3 Framework for Social Studies State Standards

D2.DC.6.6-8
Primary
Evaluate citizens’ and institutions’ effectiveness in addressing social and political problems at the local, state, tribal, national, and/or international level.Reason: Analysis of how Supreme Court rulings have shaped policies at various levels regarding student free speech.

Entry Events

Events that will be used to introduce the project to students

Freedom of Speech: Student Debate

Open up with a live debate on a contentious topic relevant to students' lives, such as social media censorship or dress codes. Students take sides and realize the real-world implications of free speech both visually and tangibly.
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Portfolio Activities

Portfolio Activities

These activities progressively build towards your learning goals, with each submission contributing to the student's final portfolio.
Activity 1

Amendment Exploration: Video Analysis

Students will watch a series of short videos explaining the First Amendment and its relevance to student speech. They'll take notes on important points and list any questions they have about the topic.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Watch assigned videos on the First Amendment, focusing on student speech.
2. Take notes on key points discussed in the video.
3. Compile a list of questions or topics they are curious about for further exploration.

Final Product

What students will submit as the final product of the activityA set of notes and questions that reveal students' understanding and curiosity on the First Amendment's impact on student speech.

Alignment

How this activity aligns with the learning objectives & standardsAligns with CCSS.ELA-LITERACY.RI.8.1 by requiring students to identify key evidence from multimedia sources.
Activity 2

Case Study Carousel

Students will rotate through stations, each dedicated to a landmark Supreme Court case related to student free speech, such as Tinker v. Des Moines and Hazelwood v. Kuhlmeier. They will analyze case briefs and record critical case elements.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Rotate between different stations, each presenting a Supreme Court case.
2. Read mini case briefs and key findings of each presented case.
3. Take notes on the cases' importance, decisions, and impacts on student free speech.

Final Product

What students will submit as the final product of the activityCompleted notes from each case study station, outlining the case facts, decisions, and impacts.

Alignment

How this activity aligns with the learning objectives & standardsMeets CCSS.ELA-LITERACY.RI.8.1 by requiring students to cite textual evidence in their discussions.
Activity 3

Mock Trial Preparation

Students will prepare arguments and positions for a mock trial simulating a Supreme Court case about student speech. They will research roles, create argument outlines, and anticipate opposing views.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Form teams and assign roles for the mock trial (e.g., lawyers, justices, defendants).
2. Research arguments and outline your position based on past Supreme Court cases.
3. Prepare rebuttals and anticipate opposing arguments.

Final Product

What students will submit as the final product of the activityA detailed outline of arguments and evidence to be used during the mock trial.

Alignment

How this activity aligns with the learning objectives & standardsAddresses CCSS.ELA-LITERACY.W.8.1 by having students develop claims supported by research and analysis.
Activity 4

Supreme Court Summiteers

Through collaborative discussion, students will synthesize their findings from cases and debates to present an overview of how Supreme Court decisions have shaped student speech. This activity will culminate in a presentation.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Hold small group discussions to review research and mock trial experiences.
2. Outline a group presentation covering the influence of Supreme Court cases on student speech.
3. Assign roles within the group for presenting different sections.

Final Product

What students will submit as the final product of the activityA collaborative presentation showcasing the influence of the Court on student speech.

Alignment

How this activity aligns with the learning objectives & standardsSupports CCSS.ELA-LITERACY.SL.8.1 and D2.DC.6.6-8 by engaging students in discussions and requiring evaluation of legal impacts.
Activity 5

Position Paper: Debating Rights

Students will write a position paper on a contentious issue related to student speech, using evidence from Supreme Court cases to support their arguments. They'll receive peer feedback and refine their papers before final submission.

Steps

Here is some basic scaffolding to help students complete the activity.
1. Select a topic related to student speech issues (e.g., dress code policies, social media use).
2. Write a draft position paper, including an introduction, arguments with evidence from Supreme Court cases, and a conclusion.
3. Exchange papers with peers for feedback and make necessary revisions.

Final Product

What students will submit as the final product of the activityA well-argued position paper demonstrating an understanding of student speech rights.

Alignment

How this activity aligns with the learning objectives & standardsMeets CCSS.ELA-LITERACY.W.8.1 by requiring writing of well-supported arguments based on research.
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Rubric & Reflection

Portfolio Rubric

Grading criteria for assessing the overall project portfolio

First Amendment and Student Speech Rights Evaluation Rubric

Category 1

Understanding and Application of First Amendment Principles

Evaluates students' understanding of the First Amendment and its specific application to student speech rights in schools.
Criterion 1

Comprehension of First Amendment

Assesses students' grasp of what the First Amendment entails and its significance.

Exemplary
4 Points

Demonstrates a deep understanding of First Amendment principles and articulates significance in detail with nuanced insights.

Proficient
3 Points

Shows thorough understanding of the First Amendment and its basic importance for democratic principles.

Developing
2 Points

Shows partial understanding with some misconceptions about what the First Amendment covers and its importance.

Beginning
1 Points

Shows limited understanding of the First Amendment, with major misconceptions about its implications.

Criterion 2

Application to Student Speech

Evaluates students' ability to relate First Amendment rights specifically to student speech in educational settings.

Exemplary
4 Points

Applies First Amendment principles accurately and insightfully to student speech scenarios, showing comprehensive knowledge.

Proficient
3 Points

Accurately applies basic First Amendment principles to student speech cases with relevant examples.

Developing
2 Points

Applies First Amendment to student speech with inconsistent accuracy or incomplete examples.

Beginning
1 Points

Struggles to apply First Amendment principles to student speech scenarios, showing minimal understanding.

Category 2

Analysis of Supreme Court Cases

Evaluates students' ability to examine and interpret Supreme Court decisions regarding student speech and their impacts on rights and school policies.
Criterion 1

Identification and Interpretation of Cases

Assesses accuracy in recognizing and understanding key aspects of landmark Supreme Court cases related to student speech.

Exemplary
4 Points

Accurately identifies and interprets significant Supreme Court cases with detailed analysis of their impacts.

Proficient
3 Points

Correctly identifies major cases and provides sound interpretations regarding their effects on student speech.

Developing
2 Points

Identifies cases with limited interpretation or incomplete understanding of their influence.

Beginning
1 Points

Struggles with identifying and interpreting Supreme Court cases and understanding their significance.

Criterion 2

Discussion of Impacts on School Policies

Evaluates the discussion of how Supreme Court decisions influence school speech policies and student rights.

Exemplary
4 Points

Provides comprehensive discussion on how cases shape school policies, evidencing deep understanding of legal principles.

Proficient
3 Points

Offers detailed and logical explanations of how court cases affect school speech policies.

Developing
2 Points

Discusses court case impacts with basic understanding but limited detail or depth.

Beginning
1 Points

Displays minimal discussion on the influence of Supreme Court decisions on school policies.

Category 3

Communication and Argumentation Skills

Evaluates students' ability to clearly express and support arguments related to First Amendment rights and student speech issues.
Criterion 1

Clarity of Argument

Assesses the organization, clarity, and validity of students' written or oral arguments on free speech topics.

Exemplary
4 Points

Presents clear, well-structured arguments with supportive evidence from multiple reliable sources.

Proficient
3 Points

Provides clear arguments with appropriate support from relevant sources.

Developing
2 Points

Offers arguments with basic support and mixed clarity or coherence.

Beginning
1 Points

Struggles to present coherent or supported arguments.

Criterion 2

Engagement in Collaborative Discussions

Evaluates students' participation and collaboration during discussions about student speech rights and related judicial decisions.

Exemplary
4 Points

Actively leads and contributes to discussions, showing insight and respect for diverse perspectives.

Proficient
3 Points

Engages consistently and contributes effectively in group discussions, respecting different viewpoints.

Developing
2 Points

Participates in discussions but with variability in contributions and engagement levels.

Beginning
1 Points

Shows limited participation, struggling to engage constructively with peers.

Reflection Prompts

End-of-project reflection questions to get students to think about their learning
Question 1

How has your understanding of the First Amendment and student free speech evolved throughout this project?

Text
Required
Question 2

Which Supreme Court case did you find most impactful on your view of student free speech rights, and why?

Multiple choice
Required
Options
Tinker v. Des Moines
Hazelwood v. Kuhlmeier
Other
Question 3

On a scale of 1 to 5, how effectively do you think you engaged in discussions about student speech rights?

Scale
Required
Question 4

Reflect on the mock trial experience. What was the most challenging aspect, and how did you overcome it?

Text
Required
Question 5

How confident do you feel about articulating your stance on student speech rights and supporting it with evidence from Supreme Court cases?

Scale
Required