Teaching Controversial Issues
Issues that test the balance between ideas about individual freedom versus the common good are often controversial. Should we avoid such topics in the classroom? No! Democratic self-government requires constant discussions and decisions about controversial issues. There is an intrinsic and crucial connection between the discussion of controversial political issues and the health of democracy. If we want our students to become informed, engaged citizens, we need to teach them how to “do” democracy by practicing the skills of discussing controversial issues in the classroom and learning how to respectfully disagree. Controversy can be a useful, powerful, and memorable tool to promote learning. Yet, teachers may consciously (or unconsciously) avoid controversial issues in the classroom because of the difficulty involved in managing heated discussions and/or for fear that parents will complain or that the school administration will admonish or punish them for “being controversial.” The Center offers resources and professional development workshops to help teachers protect themselves while engaging students in activities focused on controversial topics. New Jersey Center for Civic EducationRutgers, The State Universityciviced.rutgers.edu Bob O’Dell: robert.odell@rutgers.edu | Craig Uplinger: cu88@scarletmail.rutgers.edu The Vision for NJ Student Learning Standards for Social Studies (2020) An education in social studies fosters a population that: Is civic-minded, globally aware, and socially responsible; Exemplifies fundamental values of democracy and human rights through active participation in local, state, national, and global communities; Makes informed decisions about local, state, national, and global events based on inquiry and analysis; Considers multiple perspectives, values diversity, and promotes cultural understanding; Recognizes the relationships between people, places, and resources as well as the implications of an interconnected global economy; Applies an understanding of critical media literacy skills when utilizing technology to learn, communicate, and collaborate with diverse people around the world; and Discerns fact from falsehood and critically analyzes information for validity and relevance. How do we help our students to become informed and reasoned decision-makers? An Effective Social Studies Curriculum Cannot Avoid Controversial Issues! Nor should we try to avoid them… Why Should We Teach Controversial Issues? Democratic self-government requires constant discussions and decisions about controversial issues. Silence about controversial issues makes it more likely that bad policies will prevail. There is an intrinsic and crucial connection between the discussion of controversial political issues and the health of democracy. You cannot have democracy without discussing controversial issues. Therefore, we need to teach our students how to “do” democracy by practicing the skills of discussing controversial issues in the classroom. — From: Diana Hess, Controversy in the Classroom, 2009. What Research Shows Discussing Current Controversial Public Issues: Is authentic and relevant Enhances sense of political efficacy Improves critical thinking skills Increases students' comfort with conflict that exists in the world outside of the classroom Develops political tolerance Motivates students Results in students gaining greater content knowledge — From: Diana Hess, Controversy in the Classroom, 2009. Problems Facing Teachers How to ensure civil discourse within the classroom and a positive school and classroom climate. How to protect the classroom from outside partisan pressures. How to teach about controversial issues and elections during a highly partisan era. How to emphasize that which unites us as Americans. How to ensure students are civically literate. Are there any problems that we missed and you want to add? What Are Controversial Issues? Any public issue that defies an easy solution and may challenge deeply held beliefs or interests. Issues that test the balance between individual freedom and safety or order for the common good. What are some controversial issues that you are encountering or expect to encounter? Critical Race Theory Since the 1980s, Critical Race Theory has become a growing movement in the study of law and upper-academia. It’s a graduate-level academic framework that encompasses decades of scholarship. It’s focused on institutions and their historical impact on race, even when the institutions are supposedly blind to issues of race and identity. Nobody is teaching “Critical Race Theory” in middle or high school if they are just teaching about the role of race relations in American history. The phrase has been conflated by some with teaching about race, period. And teaching about the role of race in American history is likely to make some people uncomfortable, as it juxtaposes the historical record against a preferred narrative of America as an unblemished success and challenges their sense of identity. It is impossible to accurately teach U.S. history or civics without addressing issues of race. A Quick Example of Critical Race Theory in Current Policy Debates The Department of Treasury issued a report acknowledging that Black taxpayers were three times more likely to be audited than White taxpayers, despite the fact that IRS returns do not identify the race of who submitted the tax documents. This was the result of a study by a team of economists from Stanford University, the University of Michigan, the University of Chicago, and the Department of the Treasury. This was probably due to computer algorithms and the fact that certain groups are more likely to claim the Earned Income Tax Credit. The Biden administration has instructed the Department of the Treasury to examine its practices to eliminate unintentional systemic bias. It involves developing a methodology with statistical models to impute race and ethnic identity in tax data to ensure a more equitable distribution of tax benefits. This is an application of Critical Race Theory, something certainly not being done in middle and high schools. Related Links: I.R.S. Acknowledges Black Americans Face More Audit Scrutiny - The New York Times Disparities in the Benefits of Tax Expenditures by Race and Ethnicity | U.S. Department of the Treasury An Ounce of Prevention: Preparing for Controversy School policies Your community Communicating with your school administrators Classroom climate Sharing your opinions School Policies On Teaching Controversial Issues In addition to hiring and evaluating the school superintendent, school boards work primarily through policies, which set guidelines for principals, teachers, parents and students. School policies are written, public records. Your school should have a policy that: Supports and encourages the teaching of controversial issues, usually policy #2240. Sets guidelines for teaching controversial issues, including a process for dealing with challenges. Examples of School District Policies (#2240) New Brunswick District Policy 2240 Paterson District Policy 2240 Westfield District Policy 2240 Nutley District Policy 2240 More recently adopted policies on controversial issues provide clearer guidance. Key concepts include: Balanced, unprejudiced, no indoctrination, fair, and objective. Look at your district’s policy or advocate for one using these as models. Know Your Community & Objectives Google the town where you teach to understand local demographics, local newspapers, and online media. Classroom activities should encourage critical thinking—you are not trying to convince students of any particular point of view. Be able to articulate why you are using or discussing controversial materials. Preview all materials (especially visual media) and be aware of biased sources. Talk With Your Administrators Plan in advance: Inform your supervisor or principal when planning lessons on elections or controversial events. Refer administrators to Policy #2240, your district’s mission statement, and state social studies standards. Explain the educational value of what you are planning to teach. If you anticipate controversy, send a note to or speak directly with parents. Create a Respectful Classroom Climate Establish rules of evidence so discussions are based on facts rather than opinions. Use activities that require active listening. Carefully consider student grouping strategies. Provide closure, even if it simply acknowledges the complexity of the issue. Should You Disclose Your Viewpoint? Be mindful of your position as the classroom authority. Personal views should generally not be shared with elementary/middle school classes, and caution is advised for high school. If students ask for your opinion and you prefer not to disclose, explain why directly. If you choose to disclose, do so only after students have expressed their views, and include an explicit disclaimer: "This is my view because…" "Other people may have different views." Unrequested disclosures may be perceived as preachy or as attempts at indoctrination. Legal & Professional Guardrails Teach in a neutral, balanced manner that does not try to indoctrinate students. Academic Freedom is Limited: First Amendment protections require teachers to operate within state standards and local curricula (e.g., Kirkland v. Northside Ind. School District, 1989). New Jersey establishes state standards frameworks while granting curriculum control to local school boards. Teachers are protected when instruction aligns with state standards and local curriculum and is delivered neutrally. Start with American Ideals American ideals are a source of unity for a diverse nation and provide an important context for civic education. Focusing on American ideals places valid parameters on classroom discussions, keeping discourse constructive. Basing instruction on founding documents (especially the Constitution) provides a non-partisan foundation. It is crucial that instruction be non-partisan. American ideals can form the basis for inquiry-based lessons and cross-curricular integration. The Process of Teaching with American Ideals First Inquiry (Identify): Brainstorm "American ideals", review primary source documents (e.g., U.S. Constitution), and build class consensus around 5–6 core ideals. Second Inquiry (Application): Apply these core ideals to evaluate political candidates, policy proposals, or historical events. What Are “Ideals”? Ideals are values and principles that serve as the ultimate goal of our founding documents. They differ from practices and policies: Limited government is an ideal; checks and balances is the practice. Democracy is an ideal; voting is the practice. The rule of law is an ideal; establishing courts is the practice. Sample List of Core American Ideals: Democracy Liberty (negative conception) Limited Government Equality (of opportunity and equal protection under the law) Property Rights Link to full lesson framework: Teaching with American Ideals Classroom Strategies & Programs for Civil Discourse New Jersey Student Mock Election Designed for remote or in-person instruction with anonymous student privacy protection. Digital and paper ballots available two weeks before the actual election. Results are mapped by legislative district and grade band for post-election analysis. Visit the official resource page: njmockelection.org Sponsored by the NJ Social Studies Supervisors Association, the NJ Center for Civic Education, and the NJ Council for the Social Studies. Classroom Strategies for Building Skills for Civil Discourse Continuum / Take a stand Active Listening / Civil Conversations Moot courts—structured format for considering constitutional issues Inquiry Questions Philosopher’s Stone Guided discussions Socratic Seminars Philosophical Chairs discussion Legislative hearings—structured format for considering solutions to problems Structured debates Take a Stand / Continuum Can use with any controversial topic—e.g., immigration, reparations for racial discrimination, fracking, Electoral College, hate speech on social media, etc. Phrase a question as either/or (yes or no, agree or disagree)—e.g., Should the Electoral College be abolished? Should fracking be illegal? Should we establish a process for illegal immigrants to become citizens? Ask the students to stand to one side of you if they agree and to the other if they disagree. You can ask those who are unsure to stand in the middle. The stronger the opinion, the farther the students move from the center. Now the students have taken a stand and formed a continuum of views. Turn and face the line. Ask those at either end of the line to explain WHY they take their position. There are no rebuttals; students explain their views (why) and listen to others. If you hear a viewpoint that does not fit with where the student stands, have the student move to an appropriate spot. Ask those in the middle who were unsure if what they heard helped them decide, and ask them to move to the appropriate spot. Ask others if they changed their views based on what they heard and ask them to move to the appropriate spot. Sample Prompt: Should the federal government offer a guaranteed minimum income? Those who agree, stand to the right. Those who disagree, stand to the left. Those who are unsure, stand in the middle. Ask those at either end of the line to explain WHY they take their position. There are no rebuttals; students explain their views (why) and listen to others. If you hear a viewpoint that does not fit with where the student stands, have the student move to an appropriate spot. Ask those in the middle who were unsure if what they heard helped them decide and ask them to move to the appropriate spot. Ask others if they changed their views based on what they heard and ask them to move to the appropriate spot. Value of the Continuum: Students are listening, reflecting on what they hear, explaining their views, and perhaps changing their views based on what they hear from others. They are NOT DEBATING. Afterwards, you might have the class do research and see if additional information causes some students to change their initial opinions. Civil Discourse Requires Active Listening "The biggest communication issue is we do not listen to understand. We listen to reply." What is Active Listening? Eye contact, nodding, shaking head? Saying yes or no? Seeking information: asking a question? Seeking confirmation: rephrasing or paraphrasing? Directions: Active Listening / Civil Conversations Select a controversial issue—gun control, health care, reparations, guaranteed minimum income, carbon taxes, NATO, border security, almost anything with two (or more) sides (start by simplifying it to two). Place 4–8 chairs in front of the classroom, 2 rows facing each other. Form teams of two, three, or four people. First person states viewpoint and briefly explains why. No one interrupts. Opposite side takes turn making argument. Crucial Rule: Before the person across can respond, they must in some way restate their understanding of what has been said. Sample Exercise: Should the U.S. government provide reparations for slavery? Form two rows of chairs with one row arguing yes and the other arguing no. The first person arguing for the idea states his or her position and briefly explains why. No one interrupts. Opposite side takes turn making argument. Before the person starting with the opposing view can respond, he or she must in some way restate his or her understanding of what has been said. Debrief: This can be a bit tedious because we do not normally take the time to acknowledge and give feedback for each statement made. However, it is serious active listening practice. Value: explaining, listening, reflecting, and changing views—not debating. You might have the class do research and see if opinions have changed. Moot Courts A moot court is a mock appellate court hearing. The court, composed of a panel of judges or justices, is asked to rule on a lower court’s decision. No witnesses are called, nor are the basic facts of the case in dispute. The focus is on the application, fairness, or constitutionality of the law. Each side presents arguments for consideration by the judges. A moot court is an effective strategy for focusing student attention on the underlying principles and concepts of justice. Mini Moot Court Setup Ensures that every student is involved in the moot court by having students work in groups of three. Make sure that everyone understands the factual and legal background. Divide your class into triads (groups of three) by counting by 3s or assigning students to roles. In each group of three, one person is the judge or justice, one the attorney for the appellant/petitioner (bringing the appeal), and one the attorney for the respondent (responding). The Hearing and Decision Preparation: Attorneys prepare their arguments; judges prepare several questions they may want to ask. Hearing: Attorneys make brief 2-minute arguments. Judges may interrupt with 1–2 short questions. Decision: After arguments have been made, ask all of the judges to come to the front of the room and have an “open court hearing” where the judges discuss their opinions and reasons. Some judges may decide to change their views after hearing from their colleagues. Debriefing: Discuss the actual ruling in the case (if a decision has been rendered), or the strongest and weakest arguments (if a decision is pending or if it is a purely hypothetical case). A moot court is a structured way for students to consider issues of fairness within a constitutional context and understand how appellate courts function. Simulated Legislative Hearing Inquiry Question from We the People: The Citizen and the Constitution Presidential power has increased dramatically since the early 1930s. What factors have contributed to that growth of power? On balance, is the growth of presidential power a healthy or a detrimental development? Why? How is the system of checks and balances designed to limit the exercise of presidential power and how well does it work? How can public opinion affect presidential power? Background on Presidential Power In Federalist #70, Alexander Hamilton argued for the necessity of an “energetic executive.” Since the 1930s, Presidents have acted with great energy, especially in times of national emergency. Examples include: FDR – New Deal; World War II powers Truman – Undeclared Korean War Kennedy – Escalation in Vietnam Johnson – Great Society; Gulf of Tonkin Nixon – Cambodia; Watergate Reagan – Iran-Contra Affair H.W. Bush – Panama; Persian Gulf War Clinton – Undeclared War in Bosnia W. Bush – Iraq War; Terrorist Surveillance Obama – Drone Strikes; DACA Trump – Russian Interference; Election Denial Has the expansion of presidential power created imbalance in our system of Checks and Balances? Oral Hearing Activity Format (Designed for groups of 3–4) Step 1. Delegation of Responsibility: Intra-group discussion determines responsibility for each student/question in the prompt. Step 2. Individual Paragraph: Each student drafts an individual paragraph for their delegated responsibility. Emphasize a clear answer, factual support, and reasoning. Step 3. Prepared Statement Development: Students collaborate to finalize a three-paragraph prepared statement. Step 4. Hearings: Each group orally presents their prepared 3-minute statement (all members speak). A panel of students listens and questions the presenting group for a maximum of 4 minutes. Afterwards, the panel offers constructive feedback. Classroom Execution Shortcut Each table constitutes a group (3 members selected to present). Address the primary opinion prompt: “On balance, is the growth of presidential power a healthy or a detrimental development? Why?” Goal: Directly answer the question asked, offer factual support, and demonstrate reasonable connections between the answer and support. Oral Hearing Procedure: Arrange seats facing neighboring groups. Presenting group delivers statement in a maximum of 2 minutes. Panel group listens and offers follow-up questions (3 minutes max). Timekeeper calls time. Panel offers constructive feedback. Defense, Prevention, and Guard Rails Defense: Structure is the first layer of a teacher’s defense against accusations of bias. Student groups determine the direction of the arguments; teachers determine the framework that encourages civil discourse. Prevention: Three forms of accountability provide guard rails to keep discussions academic: Group Mates: Collaboration and consensus argument of 3–4 (never an argument of 1). Teacher Assessment: Incentives for clear assertions, factual support, rational connections, and constructive feedback. Classmates: Presented openly to an audience of peers; confirmation bias is minimized. We the People: The Citizen and the Constitution Initiated in 1987 as part of the bicentennial of the Constitution. Materials for upper elementary, middle, and high school classes, updated every decade. Independent evaluations show participating students: Made significantly greater gains in understanding core democratic values, constitutional limits, and citizenship rights/responsibilities. Improved civic skills, including analyzing issues, debating, persuading, and reaching consensus. Significantly outperformed comparison students on civics tests, displayed greater political tolerance, and were more likely to vote. Annual statewide We the People competition held each January at Rutgers University. Contact & Resources Go to our website for resources or contact us at: Arlene Gardner: arlenega@sas.rutgers.edu Bob O’Dell: robert.odell@rutgers.edu Craig Uplinger: cu88@scarletmail.rutgers.edu
