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  The First Amendment, Protests, Community Safety, and Civility 

 Overview 

During this lesson, students will explore various protests and public rallies and then review Supreme Court cases dealing with protests, civil rights, community safety and the First Amendment. Students then have an option to view a video on the power of protests for civil rights movements. 

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Objectives 

  • Review and discuss text and meaning of the First Amendment of the U.S. Constitution 
  • Consider the role of protests and public rallies in American history and culture 
  • Explore how the U.S. Supreme Court has addressed conflicts between individual rights and community safety 
  • Discuss relevance of current and recent protest events to Court precedence and broader U.S. history 

Time Needed: 1-2 class periods 

Materials 

  • Case study handouts (copies of each for groups) 
  • Image and First Amendment powerpoint slide (could be used as a handout) 
  • Screen/overhead to stream video (optional) 

Procedure 

1. Introduction and Overview 

Begin by introducing yourself and having students introduce themselves. Be sure to spend some time providing an overview and explaining what you will be doing for the session. 

2. Warm Up 

If possible, display powerpoint slide with “warm up” images on a screen (handouts can also be used). Give students a few minutes to review the images and then ask: 

  • What do you see in these images? 
  • What are some things that are the same? What are some differences? 
  • What questions do you have about these images? 

Display the text of the First Amendment. Ask students: 

  • What do these words mean? 
  • What are the most important phrases from this text? 
  • Are there words you have questions about? 

©2023 American Bar Association Resources for Law Day are produced by the American Bar Association Division for Public Education. Permission is granted to reproduce lessons and materials herein for educational purposes. Statements expressed herein should not be construed to reflect official policies of the American Bar Association or any of its entities. Learn more about Law Day at www.lawday.org. 

3. Case Studies Jigsaw Split students into 6 groups and then assign each group a case from the case study packet. Allow students 10-15 minutes to review the case study and then another 10 minutes to discuss the includes questions. 

Case studies included: De Jonge v. Oregon (1937) NAACP v. Alabama (1958) Edwards v. South Carolina (1963) Lloyd Corp., LTD v. Tanner (1972) Village of Skokie v. National Socialist Party (1978) Schenck v. Pro-Choice Network of Western NY (1997) 

4. Debrief 

Have students present on their cases in chronological order; students should review the facts of their case, the outcome, and the content of their discussions when answering the questions. 

Help students see the connections between the cases or specific differences/nuances in the Court’s rulings. 

5. Power of Protest Videos 

NOTE: Some of the footage in these videos may be upsetting. Please view the videos ahead of time and discuss with the teacher to ensure their appropriateness for the students you are working with. 

To conclude, you may want show one of two videos from Retro Report on the power protest within various civil rights movements. For each video, make sure you allow time for questions and debrief. 

a. The power of sport and protest (11:14) When N.F.L. players starting with Colin Kaepernick took a knee during the national anthem to protest police mistreatment of African-Americans, their actions ignited an uproar over injecting politics onto the playing field. Their protest had surprising ties to the silent black-power salute by two sprinters at the 1968 Olympics. https://www.retroreport.org/video/all-in-the-game-the-black-athlete-in-america/ 

Discussion questions: 

  • What are some ways protests may look different depending on their setting and context? 
  • Do you think sport events are appropriate platforms for protesting? 
  • Do you think athletes and celebrities have more power when protesting? Do you think they have a responsibility to protest certain injustices? 
  • What do you think is the distinction between dissent and “disloyalty”? 

©2023 American Bar Association Resources for Law Day are produced by the American Bar Association Division for Public Education. Permission is granted to reproduce lessons and materials herein for educational purposes. Statements expressed herein should not be construed to reflect official policies of the American Bar Association or any of its entities. Learn more about Law Day at www.lawday.org. 

Protests for Racial Justice (5:16) Introduces students to the findings of the Kerner Commission, a panel of experts President Lyndon Johnson convened to make policy recommendations following the protests, violence and disorder that occurred in over 150 cities in 1967. The commission recommended a series of sweeping changes, including reforms in policing tactics and efforts to reduce urban poverty. But Johnson largely ignored the findings of the study. Useful in helping students make connections between the 1960s and today, the video sets up an engaging class discussion on race, poverty and policing. https://www.retroreport.org/education/video/protests-for-racial-justice-a-long-history/ 

Discussion questions: 

  • What about the Kerner Report stands out to you today? 
  • Do protests come from “pent up frustration?” 
  • Do you think any of the original Kerner Report recommendations have been put into place? 
  • What exactly can protests accomplish when it comes to racial injustice? What limitations exist?