LEARN NC

K–12 teaching and learning · from the UNC School of Education

About this resource

Appropriate grades
5
Subjects
social studies (civics and government)
Provider
National Endowment for the Humanities

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Balancing rights and responsibilities is difficult, even for the Supreme Court. This lesson demonstrates to students that freedom of speech is an ongoing process.

After completing the lessons in this unit from the National Endowment for the Humanities and other partners, students will be able to:

  • summarize the contents of the First Amendment
  • give an example of speech that is protected by the Constitution and speech that is not protected by the Constitution

Through a series of six activities, students will use the First Amendment to consider their language on the playground and to work out some ground rules to improve the atmosphere during recess.

  • Lesson 1: “Names Can Hurt Me.” Read with the students a book or story which revolves around the concept of free speech.
  • Lesson 2: “Banning Speech on the Playground?” Students write down their suggestions for ground rules about speech on the playground and consider questions such as “it more important to have the freedom to say whatever you want or to protect others by being careful about what you say?”
  • Lesson 3: “But Speech Is Protected.” In this lesson, the teacher will read the First Amendment to the Constitution aloud to the class and help students understand what it is saying about freedom of speech.
  • Lesson 4: “Can You Say That?” Students will evaluate a First Amendment case that reached the Suprement Court. It's the job of the students to figure out what arguments may have been used on both sides of this case. Then students will be asked to take a stand and to reveal what they think the Supreme Court decided. After everyone has taken a stand, the teacher will reveal the actual outcome of the case.
  • Lesson 5: “Can You Not Say That?” In this lesson the class will consider two related cases, the Gobitis case and the Barnette case, each involving a compulsory flag salute in school. The decision in the Barnette case superceded the Gobitis decision. In the end, the Supreme Court limited the power of the school and supported a student's right to refuse.
  • Lesson 6: “Back on the Playground Again.” Culminate the unit by returning to the opening discussion. Would the class proceed now with banning certain speech on the playground, or are there alternative solutions?

North Carolina Curriculum Alignment

Social Studies (2003)

Grade 5

  • Goal 2: The learner will analyze political and social institutions in North America and examine how these institutions respond to human needs, structure society, and influence behavior.
    • Objective 2.01: Analyze major documents that formed the foundations of the American idea of constitutional government.
    • Objective 2.02: Describe the similarities and differences among the local, state, and national levels of government in the United States and explain their legislative, executive, and judicial functions.
    • Objective 2.03: Recognize how the United States government has changed over time.

English Language Arts (2004)

Grade 5

  • Goal 1: The learner will apply enabling strategies and skills to read and write.
    • Objective 1.03: Increase reading and writing vocabulary through:
      • wide reading.
      • word study.
      • word reference materials.
      • content area study.
      • writing process elements.
      • writing as a tool.
      • debate.
      • discussions.
      • seminars.
      • examining the author's craft.
  • Goal 2: The learner will apply strategies and skills to comprehend text that is read, heard, and viewed.
    • Objective 2.02: Interact with the text before, during, and after reading, listening, and viewing by:
      • making predictions.
      • formulating questions.
      • supporting answers from textual information, previous experience, and/or other sources.
      • drawing on personal, literary, and cultural understandings.
      • seeking additional information.
      • making connections with previous experiences, information, and ideas.
    • Objective 2.07: Evaluate the usefulness and quality of information and ideas based on purpose, experiences, text(s), and graphics.
    • Objective 2.09: Listen actively and critically by:
      • asking questions.
      • delving deeper into the topic.
      • elaborating on the information and ideas presented.
      • evaluating information and ideas.
      • making inferences and drawing conclusions.
      • making judgments.
  • Goal 3: The learner will make connections through the use of oral language, written language, and media and technology.
    • Objective 3.06: Conduct research (with assistance) from a variety of sources for assigned or self-selected projects (e.g., print and non-print texts, artifacts, people, libraries, databases, computer networks).
  • Goal 4: The learner will apply strategies and skills to create oral, written, and visual texts.
    • Objective 4.02: Use oral and written language to:
      • formulate hypotheses.
      • evaluate information and ideas.
      • present and support arguments.
      • influence the thinking of others.
    • Objective 4.03: Make oral and written presentations to inform or persuade selecting vocabulary for impact.