Freedom of Speech and Press

Summary: In this lesson, students examine the historical context and drafting of the First Amendment. 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. 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. Students will use the National Constitution Center’s Interactive Constitution to look at the viewpoints of legal scholars on free speech, where they agree and where there are matters of debate.

Overarching Questions:

  • CIVICS: Have the concepts of liberty, justice and/or equality changed during the time period? If so, how and what has been the impact?
  • CIVICS: How well does the government balance individual rights and the common good, including the need to maintain order, safety and a healthy environment, during this time period?

NJ Student Learning Standards for Social Studies:

  • 6.1.12.CivicsPI.14.c: Analyze how the Supreme Court has interpreted the Constitution to define and expand individual rights and use evidence to document the long-term impact of these decisions on the protection of civil and human rights.

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