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wwwksbarorglawwise
LAW WISE
October 9th Columbus Day
October 22-27 Celebrate Pro Bono Week
Calendar of events
Greetings from the Kansas Bar Association (KBA) Welcome to this second edition of Law Wise for the 2017-2018 school year
Coordinators Hon G Joseph Pierron Jr Chair Law-Related Education Committee Anne Woods Public Services Director Nicolas Shump Law Wise Editor amp Patti Van Slyke Journal Editor
OCTOBER 2017 bull ISSUE 2PUBLISHED BY
ldquoA More Perfect UnionrdquoThis poetic phrase from the Preamble to the US Constitution illus-
trates both the goal the American founders had for the new government they had created and the realization that no government or written con-stitution is perfect This perfection might never be reached however the founders did not use this an excuse to not strive for this goal
Some of the most vehement challenges to the Constitution during the ratification phase concerned what critics saw as a lack of explicit freedoms for the average citizen The umbrella term given to these freedoms is Bill of Rights
The Road to the Bill of RightsWhen we hear the phrase Bill of Rights we might think of the first ten
amendments to the Constitution however as with the other founding documents there had been earlier documents articulating these freedoms and protections In 1772 Samuel Adams wrote The Rights of Colonists before the revolutionary fervor overtook Adams and other prominent leaders throughout the colonies Adams articulated three main areas of rights for the colonists
1 Rights as Men2 Rights as Christians3 Rights as SubjectsIn Virginia almost simultaneously with the writing of the Declara-
tion of Independence George Mason introduced the Virginia Declara-tion of Rights into the Virginia Convention in June of 1776 In fact this was passed even prior to Virginiarsquos State Constitution A decade later Thomas Jefferson penned the Virginia Statute for Religious Freedom in
IN THIS ISSUE
A More Perfect Union 1
Best of the Rest of the Constitutional Amendments 2
The Father of Judicial Review 3
Terrific Technology for Teachers 4October Buzz (from ESU) 4
Lesson Plan 1 Symbolic Speech 5
iCivics 5
Lesson Plan 2 An Anthem A Flag and Individual Liberties 6
wwwksbarorglawwise
2 LAW WISE | OCTOBER 2017
1786 which James Madison worked to secure passage of in the Virginia Assembly
Should we attribute these documents and declarations as subversion to the Constitution and national government I would not doubt the sincerity of these men several of whom had fought both within the Constitutional Convention and back home in their respective state legislatures Instead their reticence and watchfulness sprung from a desire to better un-derstand and to as fully as possible articulate the terms under which the states would agree to this federal union as the newly formed United States Political theorists including Thomas Hobbes John Locke and Jean-Jacques Rousseau among oth-ers had written and debated these very notions in their writing on the origins and aims of government Our founders would be no less thorough as they were actually forming a new govern-ment not merely speculating on the best form of government
George Mason wrote one of the most complete and eloquent objections to the US Constitution which were originally cir-culated only to delegates at the Constitutional Convention including George Washington Washington later arranged for the publication of these objections in the Virginia Journal in November of 1787 Washingtonrsquos decision was not a sign of agreement he wanted them published so he could have the chance to refute them
In his objections Mason noted the lack of a ldquoDeclaration of Rightsrdquo He systematically went through the various articles making specific objections to what he saw as ldquousurpationsupon the rights and liberties of the peoplerdquo He also noted specific protections missing from the document including freedom of the press and trial by jury He offered the follow-ing prediction for the future of the American republic ldquoThis government will set out a moderate aristocracy it is at present impossible to foresee whether it will in its operation produce a monarchy or a corrupt tyrannical aristocracy it will most probably vibrate some years between the two and then termi-nate in the one or the otherrdquo
Thankfully we did not have to wait to see if Masonrsquos predic-tion came true as the first ten amendments to the Constitution were passed by Congress in September of 1789 and ratified on December 15 1791
While there are twenty-seven Constitutional amendments these first ten retain a place of special importance in American history and law
The Best of the Rest of the Constitutional Amendments
As the Bill of Rights reflected the concerns held by men such as Thomas Jefferson James Madison George Mason and others so the remaining seventeen amendments reflect con-flicts and issues in the history of the American Republic One can almost read the amendments as an outline of American history
Perhaps no issue in American history has surpassed slavery for its impact not only on American law but on American history In fact Article I section 2 better known as the three-fifths clause determined how slavery impacted taxation and representation in the slave-holding states of the Union Later in section 9 of the same article the Constitution allowed for the importation of slaves for twenty years Finally in Article 4 section 2 slaves who fled from a slave-owning state to a free
state were not guaranteed their freedom This was known as the fugitive slave clause What is most interesting is the fact that the word ldquoslaveryrdquo does not appear in the text of the Con-stitution
Nevertheless there are several amendments dealing with the issue of slavery and the struggle between federal author-ity and the power of states and local governments Certainly the Southern states prior to and during the American Civil War invoked ldquostatesrsquo rightsrdquo as a rallying cry This same tension erupted during the Reconstruction era and in the battle over desegregation in the 1950s and 1960s Amendments Thirteen through Fifteen address different issues regarding slavery abolishing slavery guaranteeing civil rights for former slaves and providing the vote for these former slaves All were passed within five years of the conclusion of the Civil War Nearly a century later in the midst of the Civil Rights Movement the Twenty-Fourth Amendment banned poll taxes as a means for denying the right to vote to African-Americans
First Amendment Freedoms Petitions AssemblySecond Amendment Right to Bear ArmsThird Amendment Quartering of SoldiersFourth Amendment Search and SeizureFifth Amendment Rights in Criminal CasesSixth Amendment Right to a Fair TrialSeventh Amendment Rights in Civil CasesEighth Amendment Bail amp Cruel and Unusual PunishmentNinth Amendment Rights retained by the PeopleTenth Amendment Statesrsquo Rights
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 3
The Father of Judicial ReviewDescended from William Randolph one
of the founders of the Commonwealth of Virginia John Marshall was born in 1755 in Virginia His father Thomas Marshall educated his son at home with one brief exception when John attended the Camp-bell Academy along with James Monroe
Coming from a prominent Virginia family Thomas Marshall counted George Washington as a good friend Influenced by Washington young John joined the American Revolution serving as a lieutenant in a Virginia regiment Marshall later served under Colonel Morgan during which he was wounded at the Battle of Germantown Washington was impressed by Marshall and named him chief legal officer at Valley Forge Marshall left the army in 1780 to pursue the study of law at William and Mary Marshall quickly grasped the law gaining admission to the bar later that same year
Throughout the next decade Marshall practiced law while also serving in elected office on the local and state level He attended the Virginia Constitutional Ratification Convention where he strongly advocated for its passage to replace the Ar-ticles of Confederation
In 1798 Marshall turned down an appointment to the US Supreme Court The next year he won election to the House of Representatives though he only served for a short time be-fore his appointment as Secretary of State for President John Adams This was the first time he had accepted a presidential appointment though both Presidents Washington and Adams had made offers
John Marshall joined the Supreme Court as the fourth Chief Justice in 1801 Almost immediately he changed the orienta-tion ofmdashand greatly increased the authority ofmdashthe Court In 1803 a case appeared before the Supreme Court Marbury v Madison The issue was whether an incoming president could block the commissioning of an office from the previous presi-dent Marbury sued to have the Court force James Madison to deliver Marburyrsquos commission Marshall felt Marbury de-served the commission but determined the Court had no au-thority to compel Madison to do so Marshall concluded the Judiciary Act of 1789 which Marbury had used as the basis of his suit was unconstitutional He further concluded any laws which contradicted the Constitution were null and void These rulings form the basis for judicial review empowering the Supreme Court to rule on the constitutionality of laws and actions taken by the legislative and executive branches of the federal government
Marshall wrote significant decisions on other powers of the Constitution in cases such as McCulloch v Maryland (1819) and Gibbons v Ogden (1824) which granted more power and authority to the federal government He died in 1835 after thirty-four years on the Court where he issued more than one thousand decisions and wrote more than five hundred opin-ions The Supreme Court would not be the same today without the pioneering work of Chief Justice John Marshall
Several of the amendments deal with the presidency and voting rights The Twelfth Amendment came in the aftermath of the presidential election of 1800 In that elec-tion although John Adams ran against Thomas Jefferson for the presidency Aar-on Burr tied Jefferson for the most elec-toral votes Though Burr was the vice-pres-idential candidate prior to the Twelfth Amendment the offices were not separated
The Twentieth Amendment set the terms for the office of President and Vice-President right at the beginning of the presidency of Franklin Delano Roosevelt Though he was a popular president and consistently ranked as one of the best ever in 1951 the Twenty-Second Amendment set term limits for the office of the President Roosevelt had been the first and only president to run for and serve more than two terms in office The unofficial term limit had been two following the precedent set by George Washington
In 1967 only a few years after the assassination of President Kennedy the Twenty-Fifth Amendment codified the order of presidential succession
Just a few years prior to the US entering the First World War the Seventeenth Amendment changed the process for Senatorial elections They too would now be popular elec-tions In 1920 in the aftermath of World War I women finally received the right to vote Fifty years later the voting age was set at eighteen
The United States has endured only one major internal war in its more than two hundred years The success of the Ameri-can experiment is thanks in no small part to the ability of the country to engage in self-examination and to seek legal and political solutions as opposed to violent or revolutionary means
The US Supreme Court building in Washington DC
wwwksbarorglawwise
4 LAW WISE | OCTOBER 2017
bull National Center for Constitutional Studies wwwnccsnet
bull Bill of Rights and Letter Amendments wwwushistoryorgdocumentsamendmentshtm
bull US Constitutional Amendments wwwconstitutionfindlawcomamendmentshtml
bull National Constitution Center wwwconstitutioncenterorg
bull Bill of Rights wwwbillofrightsinstituteorg
bull Supreme Court of the United States wwwsupremecourtgov
bull US Supreme Court Opinions and Cases wwwcaselawfindlawcomcourtus-supreme-court
bull Landmark Cases of the US Supreme Court wwwlandmarkcasesorgenlandmarkhome
bull The Supreme Court Historical Society wwwsupremecourtorg
bull Supreme Court Cases wwwacluorgdefending-our-rightscourt-battles supreme-court
TERRIFIC TECHNOLOGY FOR TEACHERS
About the Law Wise Editor
Nicolas Shump teaches courses in Ancient and Modern World History Creative Writ-ing English Film Sport in American Culture World Philosophy and AP courses in Com-parative Government and Politics European History and US History and Government at The Barstow School in Kansas City MO He
is a columnist for the Topeka Capital-Journal and a Talk About Literature in Kansas (TALK) discussion leader for the Kansas Humanities Council He can be reached at nicshumpgmailcom
October BuzzBy Janice Romeiser
Fall has arrived and with Constitution Day fresh in our minds we aim to remind you of the great resources available for you here at the Teachers College Resource Center on the beautiful campus of Emporia State University
We are located on the second floor of Visser Hall and our resources generously funded by the Kansas Bar Association have quite a continuum of items from hands-on to DVDs to scholarly efforts by Supreme Court Justices Short synopses of a sampling of these resources follow
bull Lessons on the Constitution contains valuable back-ground information as well as ready-made lessons to complement American History or American Govern-ment classes
bull The Bill of Rights A Userrsquos Guide is an award-win-ning compilation of how each of the Bill of Rights amendments became the law
bull The New Nation is an historical perspective on all of us with lesson plans included
bull The History of the Supreme Court a DVD set con-taining 36 lectures of 30 minutes each including a book for 5th grade and up
These offerings and many more are available here at the Re-source Center for citizens of Kansas We would love to have you come and browse but we understand that geography sometimes impedes that So we offer our web address httpemporiastateworldcatorg then use the drop-down box for Resource Center for browsing or searching You may also call 620-341-5292 to check out resources during our hours 9-6 Monday through Thursday and 9-5 on Friday We are able to mail out items with no charge to patrons due to the generosity of the Kansas Bar Association
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 5
Lesson Plan 1 Symbolic Speech(Based on material found at landmarkcasesorg)
Tinker v Des Moines Independent Community School District 1969
The Facts of the Case
In December 1965 a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam War They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Yearrsquos Eve The principals of the Des Moines school learned of the plan and met on December 14 to create a policy to deal with the situation It stated that any student wearing an armband would be asked to remove it with refusal to do so resulting in suspension On December 16 Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home The following day John Tinker did the same with the same result The students did not return to school until after New Yearrsquos Day the planned end of the protest
Through their parents the students sued the school district for violating the studentsrsquo right of expression and sought an in-junction to prevent the school district from disciplining the students The district court dismissed the case and held that the school districtrsquos actions were reasonable to uphold school discipline The US Court of Appeals for the Eighth Circuit affirmed the decision without opinion
QuestionDoes a prohibition against the wearing of armbands in public school as a form of symbolic protest violate the studentsrsquo free-
dom of speech protections guaranteed by the First AmendmentSymbolic Speech Definition (from legal-dictionarythefreedictionarycom)
The term symbolic speech is applied to a wide range of nonverbal communication Many political activities including-marching wearing armbands and displaying or mutilating the US flag are considered forms of symbolic expression The US Supreme Court has held that this form of communicative behavior is entitled to the protection of the First Amendment to the US Constitution but the scope and nature of that protection have varied
Activity 1- Have the students debate whether or not this protest meets the definition of symbolic speech and is protected by the First Amendment
Activity 2- Have the students read the case summary found at Oyezorg (httpswwwoyezorgcases196821) Allow them to further discuss this issue of symbolic speech and the First Amendment
iCivicsThe Civil Rights unit covers the early days of expansion of
slavery in the US through the momentous 1950s and 60s and into the modern Civil Rights Movement In the Road to
Civil Rights unit students will be able to
bull describe the processes that led to the expansion of rights for African Americans
bull identify the roles of the three branches of government in establishing and protecting rights and
bull explain the significance of civil rights Supreme Court cases
Visit wwwiCivicsorg to additional learning objectives for The Road to Civil Rights unit
Do you find Law Wise helpful
We are always open to receiving comments ideas and suggestions Please contact awoodsksbarorg
with your responses
Please let us know bull Topics you would like to explore bull Projects and lessons you have developed that you
would like us to feature bull Questions you would like to ask an attorney or judge
We look forward to hearing from you
wwwksbarorglawwise
6 LAW WISE | OCTOBER 2017
Lesson Plan 2 An Anthem A Flag and Individual LibertiesLesson plan found at wwwbillofrightsinstituteorg
When American football player Colin Kaepernick began sitting (and later kneeling) during the National Anthem to protest racial injustice in the country he intended to draw attention to race relations in the United States However his actions have also sparked a discussion regarding the individual liberties of American citizens This conversation has since extended to other symbols of patriotism beyond the national anthemmdashsuch as respect for the American flag
This eLesson asks students to consider what constitutes protected speech and how far patriotic symbols and actions can be legally protected from acts of protest Through this lesson students will better understand the rights guaranteed by the First Amendment to the United States Constitution They will use this understanding to analyze a variety of current events and assess whether they constitute protected speech Students will then apply their understanding and analysis through respectful debate to further clarify their position on this controversial topic
ResourcesBRI Landmark Supreme Court Cases Texas v Johnson (1989)Oyez Database Texas v Johnson (1989)If Colin Kaepernick has First Amendment Rights to Protest Do Police TooHistory Teacher who lsquoStompedrsquo on American Flag during Class is Suspended
Background or Warm-Up ActivityAssign students to read the case brief and answer the discussion questions found in the Bill of Rights Institutersquos activity on
Texas v Johnson (1989) Students should use this review to familiarize themselves with the circumstances of the case and the courtrsquos decision They should come to class prepared to discuss their answers
Activity Debate1 As a class review the discussion questions answered in the Texas v JohnsonAfter the discussion take a poll as to who agrees or disagrees with the courtrsquos decision Divide your class along these lines
If the numbers are disproportionate randomly assign students to one side or the other Inform your students that they will be debating the following question To what extent should national symbols be protected from actions that many would deem disrespectful
2 Once your students are organized into groups give each group time to research similar Supreme Court decisions Encour-age your students to research both the majority and dissenting opinions to further strengthen their position
n Minersville School District v Gobitis (1940) [Later overturned] n West Virginia State Board of Education v Barnette (1943) n Texas v Johnson (1989) n United States v Eichman (1990)3 The following online resources can help your students in their research n United States Courts website n Oyez Database from ITT Chicago-Kent College of Law n Legal Information Institute from Cornell University Law School4 Give your students approximately 15 minutes to review and research the Supreme Court cases listed above Encourage
students from both groups to split into smaller groups to cover each case to make the best use of this time5 It is now time to debate n Prior to beginning preparation for the debate remind your students of the following rules for civil debate a Speak courteously No raised voices or insults of any kind b Listen courteously No interruptions c Argue authoritatively Use primary sources to support reasoning n Each group should elect a spokesperson to deliver a speechmdashno more than a minute longmdashin favor of their position n At the end of each sidersquos speech the other side should appoint an individual (different from the main spokesperson)
to ldquocross-examinerdquo the other side During this period the cross-examiner may only ask questions These are designed to clarify the first speakerrsquos arguments and ask questions that were unanswered or not considered earlier in the discussion n The next side should give their speech followed by cross-examination n Each grouprsquos third speaker will then give a brief response addressing concerns raised during the cross examination
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 7
Law WiseFAQsWe have a list of FAQs available at httpwwwksbarorgLWFAQ
The Kansas Bar Foundation with Interest on Lawyersrsquo Trust Accounts (IOLTA) funding provides support for this publication Law Wise provides general information about law-related matters of interest to teachers students and the public in Kansas but does not provide any legal advice so readers should consult their own lawyers for legal advice For further information about any projects or articles contact Anne Woods public services director (785) 234-5696 Law Wise is published by the Kansas Bar Association 1200 SW Harrison St Topeka KS 66612-1806 during the school year
Visit wwwksbarorglawwise to see archived issues frequently asked questions and to sign-up to receive six issues a year via email
n Have your students cast a secret ballot to determine which sidersquos argument was most compelling to the class Encour-age students not to simply vote for the side they participated in but to truly consider which side had the more compelling argu-ment
6 After the debate complete the following ldquoDebriefingrdquo activity with your students designed to further their understanding of First Amendment protections
Debriefing ActivityAsk your students the following critical thinking questions to further help them better understand First Amendment protec-
tions and the role of federalism and separation of powers
1 Does the First Amendment to the US Constitution protect only free speech or does it also protect freedom of expression as demonstrated by Johnson burning an American flag or the North Carolina teacher stepping on the flag
2 The American flag national anthem and pledge of allegiance are treated with respect and patriotism by many should that impact whether individuals are able to take actions seen by some as disrespectful to these national symbols
3 In North Carolina a teacher was suspended after stepping on the American flag as part of a lecture on free speech While no legal action is being taken against the teacher under North Carolina law the teacherrsquos actions are still considered a misde-meanor for flag desecration Under Texas v Johnson should the teacherrsquos actions be protected by the First Amendment Why or why not
4 Some who disagree with the protests of the National Anthem have suggested that the National Football League should implement a policy mandating players to stand during the anthem Even though private organizations have the ability to imple-ment these rules should professional sports leagues compel players to stand during the national anthem What individual liber-ties should the players have with respect to the national anthem
Extension ActivityLet your students debate with students from across the country on this topic through the Bill of Rights Institutersquos Bridge the
Divide (wwwthinkthevotecombridge-the-divide) debate platform Students have an opportunity to answer the question ldquoShould national symbols be protected from actions many deem disrespectfulrdquo Instruct your students to use their research and in-class discussion to assist in developing a well-reasoned argument from a constitutional perspective using the materials provided as well as the previously discussed material After submitting a post students will have an opportunity to view the responses of students from across the country
wwwksbarorglawwise
2 LAW WISE | OCTOBER 2017
1786 which James Madison worked to secure passage of in the Virginia Assembly
Should we attribute these documents and declarations as subversion to the Constitution and national government I would not doubt the sincerity of these men several of whom had fought both within the Constitutional Convention and back home in their respective state legislatures Instead their reticence and watchfulness sprung from a desire to better un-derstand and to as fully as possible articulate the terms under which the states would agree to this federal union as the newly formed United States Political theorists including Thomas Hobbes John Locke and Jean-Jacques Rousseau among oth-ers had written and debated these very notions in their writing on the origins and aims of government Our founders would be no less thorough as they were actually forming a new govern-ment not merely speculating on the best form of government
George Mason wrote one of the most complete and eloquent objections to the US Constitution which were originally cir-culated only to delegates at the Constitutional Convention including George Washington Washington later arranged for the publication of these objections in the Virginia Journal in November of 1787 Washingtonrsquos decision was not a sign of agreement he wanted them published so he could have the chance to refute them
In his objections Mason noted the lack of a ldquoDeclaration of Rightsrdquo He systematically went through the various articles making specific objections to what he saw as ldquousurpationsupon the rights and liberties of the peoplerdquo He also noted specific protections missing from the document including freedom of the press and trial by jury He offered the follow-ing prediction for the future of the American republic ldquoThis government will set out a moderate aristocracy it is at present impossible to foresee whether it will in its operation produce a monarchy or a corrupt tyrannical aristocracy it will most probably vibrate some years between the two and then termi-nate in the one or the otherrdquo
Thankfully we did not have to wait to see if Masonrsquos predic-tion came true as the first ten amendments to the Constitution were passed by Congress in September of 1789 and ratified on December 15 1791
While there are twenty-seven Constitutional amendments these first ten retain a place of special importance in American history and law
The Best of the Rest of the Constitutional Amendments
As the Bill of Rights reflected the concerns held by men such as Thomas Jefferson James Madison George Mason and others so the remaining seventeen amendments reflect con-flicts and issues in the history of the American Republic One can almost read the amendments as an outline of American history
Perhaps no issue in American history has surpassed slavery for its impact not only on American law but on American history In fact Article I section 2 better known as the three-fifths clause determined how slavery impacted taxation and representation in the slave-holding states of the Union Later in section 9 of the same article the Constitution allowed for the importation of slaves for twenty years Finally in Article 4 section 2 slaves who fled from a slave-owning state to a free
state were not guaranteed their freedom This was known as the fugitive slave clause What is most interesting is the fact that the word ldquoslaveryrdquo does not appear in the text of the Con-stitution
Nevertheless there are several amendments dealing with the issue of slavery and the struggle between federal author-ity and the power of states and local governments Certainly the Southern states prior to and during the American Civil War invoked ldquostatesrsquo rightsrdquo as a rallying cry This same tension erupted during the Reconstruction era and in the battle over desegregation in the 1950s and 1960s Amendments Thirteen through Fifteen address different issues regarding slavery abolishing slavery guaranteeing civil rights for former slaves and providing the vote for these former slaves All were passed within five years of the conclusion of the Civil War Nearly a century later in the midst of the Civil Rights Movement the Twenty-Fourth Amendment banned poll taxes as a means for denying the right to vote to African-Americans
First Amendment Freedoms Petitions AssemblySecond Amendment Right to Bear ArmsThird Amendment Quartering of SoldiersFourth Amendment Search and SeizureFifth Amendment Rights in Criminal CasesSixth Amendment Right to a Fair TrialSeventh Amendment Rights in Civil CasesEighth Amendment Bail amp Cruel and Unusual PunishmentNinth Amendment Rights retained by the PeopleTenth Amendment Statesrsquo Rights
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 3
The Father of Judicial ReviewDescended from William Randolph one
of the founders of the Commonwealth of Virginia John Marshall was born in 1755 in Virginia His father Thomas Marshall educated his son at home with one brief exception when John attended the Camp-bell Academy along with James Monroe
Coming from a prominent Virginia family Thomas Marshall counted George Washington as a good friend Influenced by Washington young John joined the American Revolution serving as a lieutenant in a Virginia regiment Marshall later served under Colonel Morgan during which he was wounded at the Battle of Germantown Washington was impressed by Marshall and named him chief legal officer at Valley Forge Marshall left the army in 1780 to pursue the study of law at William and Mary Marshall quickly grasped the law gaining admission to the bar later that same year
Throughout the next decade Marshall practiced law while also serving in elected office on the local and state level He attended the Virginia Constitutional Ratification Convention where he strongly advocated for its passage to replace the Ar-ticles of Confederation
In 1798 Marshall turned down an appointment to the US Supreme Court The next year he won election to the House of Representatives though he only served for a short time be-fore his appointment as Secretary of State for President John Adams This was the first time he had accepted a presidential appointment though both Presidents Washington and Adams had made offers
John Marshall joined the Supreme Court as the fourth Chief Justice in 1801 Almost immediately he changed the orienta-tion ofmdashand greatly increased the authority ofmdashthe Court In 1803 a case appeared before the Supreme Court Marbury v Madison The issue was whether an incoming president could block the commissioning of an office from the previous presi-dent Marbury sued to have the Court force James Madison to deliver Marburyrsquos commission Marshall felt Marbury de-served the commission but determined the Court had no au-thority to compel Madison to do so Marshall concluded the Judiciary Act of 1789 which Marbury had used as the basis of his suit was unconstitutional He further concluded any laws which contradicted the Constitution were null and void These rulings form the basis for judicial review empowering the Supreme Court to rule on the constitutionality of laws and actions taken by the legislative and executive branches of the federal government
Marshall wrote significant decisions on other powers of the Constitution in cases such as McCulloch v Maryland (1819) and Gibbons v Ogden (1824) which granted more power and authority to the federal government He died in 1835 after thirty-four years on the Court where he issued more than one thousand decisions and wrote more than five hundred opin-ions The Supreme Court would not be the same today without the pioneering work of Chief Justice John Marshall
Several of the amendments deal with the presidency and voting rights The Twelfth Amendment came in the aftermath of the presidential election of 1800 In that elec-tion although John Adams ran against Thomas Jefferson for the presidency Aar-on Burr tied Jefferson for the most elec-toral votes Though Burr was the vice-pres-idential candidate prior to the Twelfth Amendment the offices were not separated
The Twentieth Amendment set the terms for the office of President and Vice-President right at the beginning of the presidency of Franklin Delano Roosevelt Though he was a popular president and consistently ranked as one of the best ever in 1951 the Twenty-Second Amendment set term limits for the office of the President Roosevelt had been the first and only president to run for and serve more than two terms in office The unofficial term limit had been two following the precedent set by George Washington
In 1967 only a few years after the assassination of President Kennedy the Twenty-Fifth Amendment codified the order of presidential succession
Just a few years prior to the US entering the First World War the Seventeenth Amendment changed the process for Senatorial elections They too would now be popular elec-tions In 1920 in the aftermath of World War I women finally received the right to vote Fifty years later the voting age was set at eighteen
The United States has endured only one major internal war in its more than two hundred years The success of the Ameri-can experiment is thanks in no small part to the ability of the country to engage in self-examination and to seek legal and political solutions as opposed to violent or revolutionary means
The US Supreme Court building in Washington DC
wwwksbarorglawwise
4 LAW WISE | OCTOBER 2017
bull National Center for Constitutional Studies wwwnccsnet
bull Bill of Rights and Letter Amendments wwwushistoryorgdocumentsamendmentshtm
bull US Constitutional Amendments wwwconstitutionfindlawcomamendmentshtml
bull National Constitution Center wwwconstitutioncenterorg
bull Bill of Rights wwwbillofrightsinstituteorg
bull Supreme Court of the United States wwwsupremecourtgov
bull US Supreme Court Opinions and Cases wwwcaselawfindlawcomcourtus-supreme-court
bull Landmark Cases of the US Supreme Court wwwlandmarkcasesorgenlandmarkhome
bull The Supreme Court Historical Society wwwsupremecourtorg
bull Supreme Court Cases wwwacluorgdefending-our-rightscourt-battles supreme-court
TERRIFIC TECHNOLOGY FOR TEACHERS
About the Law Wise Editor
Nicolas Shump teaches courses in Ancient and Modern World History Creative Writ-ing English Film Sport in American Culture World Philosophy and AP courses in Com-parative Government and Politics European History and US History and Government at The Barstow School in Kansas City MO He
is a columnist for the Topeka Capital-Journal and a Talk About Literature in Kansas (TALK) discussion leader for the Kansas Humanities Council He can be reached at nicshumpgmailcom
October BuzzBy Janice Romeiser
Fall has arrived and with Constitution Day fresh in our minds we aim to remind you of the great resources available for you here at the Teachers College Resource Center on the beautiful campus of Emporia State University
We are located on the second floor of Visser Hall and our resources generously funded by the Kansas Bar Association have quite a continuum of items from hands-on to DVDs to scholarly efforts by Supreme Court Justices Short synopses of a sampling of these resources follow
bull Lessons on the Constitution contains valuable back-ground information as well as ready-made lessons to complement American History or American Govern-ment classes
bull The Bill of Rights A Userrsquos Guide is an award-win-ning compilation of how each of the Bill of Rights amendments became the law
bull The New Nation is an historical perspective on all of us with lesson plans included
bull The History of the Supreme Court a DVD set con-taining 36 lectures of 30 minutes each including a book for 5th grade and up
These offerings and many more are available here at the Re-source Center for citizens of Kansas We would love to have you come and browse but we understand that geography sometimes impedes that So we offer our web address httpemporiastateworldcatorg then use the drop-down box for Resource Center for browsing or searching You may also call 620-341-5292 to check out resources during our hours 9-6 Monday through Thursday and 9-5 on Friday We are able to mail out items with no charge to patrons due to the generosity of the Kansas Bar Association
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 5
Lesson Plan 1 Symbolic Speech(Based on material found at landmarkcasesorg)
Tinker v Des Moines Independent Community School District 1969
The Facts of the Case
In December 1965 a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam War They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Yearrsquos Eve The principals of the Des Moines school learned of the plan and met on December 14 to create a policy to deal with the situation It stated that any student wearing an armband would be asked to remove it with refusal to do so resulting in suspension On December 16 Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home The following day John Tinker did the same with the same result The students did not return to school until after New Yearrsquos Day the planned end of the protest
Through their parents the students sued the school district for violating the studentsrsquo right of expression and sought an in-junction to prevent the school district from disciplining the students The district court dismissed the case and held that the school districtrsquos actions were reasonable to uphold school discipline The US Court of Appeals for the Eighth Circuit affirmed the decision without opinion
QuestionDoes a prohibition against the wearing of armbands in public school as a form of symbolic protest violate the studentsrsquo free-
dom of speech protections guaranteed by the First AmendmentSymbolic Speech Definition (from legal-dictionarythefreedictionarycom)
The term symbolic speech is applied to a wide range of nonverbal communication Many political activities including-marching wearing armbands and displaying or mutilating the US flag are considered forms of symbolic expression The US Supreme Court has held that this form of communicative behavior is entitled to the protection of the First Amendment to the US Constitution but the scope and nature of that protection have varied
Activity 1- Have the students debate whether or not this protest meets the definition of symbolic speech and is protected by the First Amendment
Activity 2- Have the students read the case summary found at Oyezorg (httpswwwoyezorgcases196821) Allow them to further discuss this issue of symbolic speech and the First Amendment
iCivicsThe Civil Rights unit covers the early days of expansion of
slavery in the US through the momentous 1950s and 60s and into the modern Civil Rights Movement In the Road to
Civil Rights unit students will be able to
bull describe the processes that led to the expansion of rights for African Americans
bull identify the roles of the three branches of government in establishing and protecting rights and
bull explain the significance of civil rights Supreme Court cases
Visit wwwiCivicsorg to additional learning objectives for The Road to Civil Rights unit
Do you find Law Wise helpful
We are always open to receiving comments ideas and suggestions Please contact awoodsksbarorg
with your responses
Please let us know bull Topics you would like to explore bull Projects and lessons you have developed that you
would like us to feature bull Questions you would like to ask an attorney or judge
We look forward to hearing from you
wwwksbarorglawwise
6 LAW WISE | OCTOBER 2017
Lesson Plan 2 An Anthem A Flag and Individual LibertiesLesson plan found at wwwbillofrightsinstituteorg
When American football player Colin Kaepernick began sitting (and later kneeling) during the National Anthem to protest racial injustice in the country he intended to draw attention to race relations in the United States However his actions have also sparked a discussion regarding the individual liberties of American citizens This conversation has since extended to other symbols of patriotism beyond the national anthemmdashsuch as respect for the American flag
This eLesson asks students to consider what constitutes protected speech and how far patriotic symbols and actions can be legally protected from acts of protest Through this lesson students will better understand the rights guaranteed by the First Amendment to the United States Constitution They will use this understanding to analyze a variety of current events and assess whether they constitute protected speech Students will then apply their understanding and analysis through respectful debate to further clarify their position on this controversial topic
ResourcesBRI Landmark Supreme Court Cases Texas v Johnson (1989)Oyez Database Texas v Johnson (1989)If Colin Kaepernick has First Amendment Rights to Protest Do Police TooHistory Teacher who lsquoStompedrsquo on American Flag during Class is Suspended
Background or Warm-Up ActivityAssign students to read the case brief and answer the discussion questions found in the Bill of Rights Institutersquos activity on
Texas v Johnson (1989) Students should use this review to familiarize themselves with the circumstances of the case and the courtrsquos decision They should come to class prepared to discuss their answers
Activity Debate1 As a class review the discussion questions answered in the Texas v JohnsonAfter the discussion take a poll as to who agrees or disagrees with the courtrsquos decision Divide your class along these lines
If the numbers are disproportionate randomly assign students to one side or the other Inform your students that they will be debating the following question To what extent should national symbols be protected from actions that many would deem disrespectful
2 Once your students are organized into groups give each group time to research similar Supreme Court decisions Encour-age your students to research both the majority and dissenting opinions to further strengthen their position
n Minersville School District v Gobitis (1940) [Later overturned] n West Virginia State Board of Education v Barnette (1943) n Texas v Johnson (1989) n United States v Eichman (1990)3 The following online resources can help your students in their research n United States Courts website n Oyez Database from ITT Chicago-Kent College of Law n Legal Information Institute from Cornell University Law School4 Give your students approximately 15 minutes to review and research the Supreme Court cases listed above Encourage
students from both groups to split into smaller groups to cover each case to make the best use of this time5 It is now time to debate n Prior to beginning preparation for the debate remind your students of the following rules for civil debate a Speak courteously No raised voices or insults of any kind b Listen courteously No interruptions c Argue authoritatively Use primary sources to support reasoning n Each group should elect a spokesperson to deliver a speechmdashno more than a minute longmdashin favor of their position n At the end of each sidersquos speech the other side should appoint an individual (different from the main spokesperson)
to ldquocross-examinerdquo the other side During this period the cross-examiner may only ask questions These are designed to clarify the first speakerrsquos arguments and ask questions that were unanswered or not considered earlier in the discussion n The next side should give their speech followed by cross-examination n Each grouprsquos third speaker will then give a brief response addressing concerns raised during the cross examination
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 7
Law WiseFAQsWe have a list of FAQs available at httpwwwksbarorgLWFAQ
The Kansas Bar Foundation with Interest on Lawyersrsquo Trust Accounts (IOLTA) funding provides support for this publication Law Wise provides general information about law-related matters of interest to teachers students and the public in Kansas but does not provide any legal advice so readers should consult their own lawyers for legal advice For further information about any projects or articles contact Anne Woods public services director (785) 234-5696 Law Wise is published by the Kansas Bar Association 1200 SW Harrison St Topeka KS 66612-1806 during the school year
Visit wwwksbarorglawwise to see archived issues frequently asked questions and to sign-up to receive six issues a year via email
n Have your students cast a secret ballot to determine which sidersquos argument was most compelling to the class Encour-age students not to simply vote for the side they participated in but to truly consider which side had the more compelling argu-ment
6 After the debate complete the following ldquoDebriefingrdquo activity with your students designed to further their understanding of First Amendment protections
Debriefing ActivityAsk your students the following critical thinking questions to further help them better understand First Amendment protec-
tions and the role of federalism and separation of powers
1 Does the First Amendment to the US Constitution protect only free speech or does it also protect freedom of expression as demonstrated by Johnson burning an American flag or the North Carolina teacher stepping on the flag
2 The American flag national anthem and pledge of allegiance are treated with respect and patriotism by many should that impact whether individuals are able to take actions seen by some as disrespectful to these national symbols
3 In North Carolina a teacher was suspended after stepping on the American flag as part of a lecture on free speech While no legal action is being taken against the teacher under North Carolina law the teacherrsquos actions are still considered a misde-meanor for flag desecration Under Texas v Johnson should the teacherrsquos actions be protected by the First Amendment Why or why not
4 Some who disagree with the protests of the National Anthem have suggested that the National Football League should implement a policy mandating players to stand during the anthem Even though private organizations have the ability to imple-ment these rules should professional sports leagues compel players to stand during the national anthem What individual liber-ties should the players have with respect to the national anthem
Extension ActivityLet your students debate with students from across the country on this topic through the Bill of Rights Institutersquos Bridge the
Divide (wwwthinkthevotecombridge-the-divide) debate platform Students have an opportunity to answer the question ldquoShould national symbols be protected from actions many deem disrespectfulrdquo Instruct your students to use their research and in-class discussion to assist in developing a well-reasoned argument from a constitutional perspective using the materials provided as well as the previously discussed material After submitting a post students will have an opportunity to view the responses of students from across the country
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 3
The Father of Judicial ReviewDescended from William Randolph one
of the founders of the Commonwealth of Virginia John Marshall was born in 1755 in Virginia His father Thomas Marshall educated his son at home with one brief exception when John attended the Camp-bell Academy along with James Monroe
Coming from a prominent Virginia family Thomas Marshall counted George Washington as a good friend Influenced by Washington young John joined the American Revolution serving as a lieutenant in a Virginia regiment Marshall later served under Colonel Morgan during which he was wounded at the Battle of Germantown Washington was impressed by Marshall and named him chief legal officer at Valley Forge Marshall left the army in 1780 to pursue the study of law at William and Mary Marshall quickly grasped the law gaining admission to the bar later that same year
Throughout the next decade Marshall practiced law while also serving in elected office on the local and state level He attended the Virginia Constitutional Ratification Convention where he strongly advocated for its passage to replace the Ar-ticles of Confederation
In 1798 Marshall turned down an appointment to the US Supreme Court The next year he won election to the House of Representatives though he only served for a short time be-fore his appointment as Secretary of State for President John Adams This was the first time he had accepted a presidential appointment though both Presidents Washington and Adams had made offers
John Marshall joined the Supreme Court as the fourth Chief Justice in 1801 Almost immediately he changed the orienta-tion ofmdashand greatly increased the authority ofmdashthe Court In 1803 a case appeared before the Supreme Court Marbury v Madison The issue was whether an incoming president could block the commissioning of an office from the previous presi-dent Marbury sued to have the Court force James Madison to deliver Marburyrsquos commission Marshall felt Marbury de-served the commission but determined the Court had no au-thority to compel Madison to do so Marshall concluded the Judiciary Act of 1789 which Marbury had used as the basis of his suit was unconstitutional He further concluded any laws which contradicted the Constitution were null and void These rulings form the basis for judicial review empowering the Supreme Court to rule on the constitutionality of laws and actions taken by the legislative and executive branches of the federal government
Marshall wrote significant decisions on other powers of the Constitution in cases such as McCulloch v Maryland (1819) and Gibbons v Ogden (1824) which granted more power and authority to the federal government He died in 1835 after thirty-four years on the Court where he issued more than one thousand decisions and wrote more than five hundred opin-ions The Supreme Court would not be the same today without the pioneering work of Chief Justice John Marshall
Several of the amendments deal with the presidency and voting rights The Twelfth Amendment came in the aftermath of the presidential election of 1800 In that elec-tion although John Adams ran against Thomas Jefferson for the presidency Aar-on Burr tied Jefferson for the most elec-toral votes Though Burr was the vice-pres-idential candidate prior to the Twelfth Amendment the offices were not separated
The Twentieth Amendment set the terms for the office of President and Vice-President right at the beginning of the presidency of Franklin Delano Roosevelt Though he was a popular president and consistently ranked as one of the best ever in 1951 the Twenty-Second Amendment set term limits for the office of the President Roosevelt had been the first and only president to run for and serve more than two terms in office The unofficial term limit had been two following the precedent set by George Washington
In 1967 only a few years after the assassination of President Kennedy the Twenty-Fifth Amendment codified the order of presidential succession
Just a few years prior to the US entering the First World War the Seventeenth Amendment changed the process for Senatorial elections They too would now be popular elec-tions In 1920 in the aftermath of World War I women finally received the right to vote Fifty years later the voting age was set at eighteen
The United States has endured only one major internal war in its more than two hundred years The success of the Ameri-can experiment is thanks in no small part to the ability of the country to engage in self-examination and to seek legal and political solutions as opposed to violent or revolutionary means
The US Supreme Court building in Washington DC
wwwksbarorglawwise
4 LAW WISE | OCTOBER 2017
bull National Center for Constitutional Studies wwwnccsnet
bull Bill of Rights and Letter Amendments wwwushistoryorgdocumentsamendmentshtm
bull US Constitutional Amendments wwwconstitutionfindlawcomamendmentshtml
bull National Constitution Center wwwconstitutioncenterorg
bull Bill of Rights wwwbillofrightsinstituteorg
bull Supreme Court of the United States wwwsupremecourtgov
bull US Supreme Court Opinions and Cases wwwcaselawfindlawcomcourtus-supreme-court
bull Landmark Cases of the US Supreme Court wwwlandmarkcasesorgenlandmarkhome
bull The Supreme Court Historical Society wwwsupremecourtorg
bull Supreme Court Cases wwwacluorgdefending-our-rightscourt-battles supreme-court
TERRIFIC TECHNOLOGY FOR TEACHERS
About the Law Wise Editor
Nicolas Shump teaches courses in Ancient and Modern World History Creative Writ-ing English Film Sport in American Culture World Philosophy and AP courses in Com-parative Government and Politics European History and US History and Government at The Barstow School in Kansas City MO He
is a columnist for the Topeka Capital-Journal and a Talk About Literature in Kansas (TALK) discussion leader for the Kansas Humanities Council He can be reached at nicshumpgmailcom
October BuzzBy Janice Romeiser
Fall has arrived and with Constitution Day fresh in our minds we aim to remind you of the great resources available for you here at the Teachers College Resource Center on the beautiful campus of Emporia State University
We are located on the second floor of Visser Hall and our resources generously funded by the Kansas Bar Association have quite a continuum of items from hands-on to DVDs to scholarly efforts by Supreme Court Justices Short synopses of a sampling of these resources follow
bull Lessons on the Constitution contains valuable back-ground information as well as ready-made lessons to complement American History or American Govern-ment classes
bull The Bill of Rights A Userrsquos Guide is an award-win-ning compilation of how each of the Bill of Rights amendments became the law
bull The New Nation is an historical perspective on all of us with lesson plans included
bull The History of the Supreme Court a DVD set con-taining 36 lectures of 30 minutes each including a book for 5th grade and up
These offerings and many more are available here at the Re-source Center for citizens of Kansas We would love to have you come and browse but we understand that geography sometimes impedes that So we offer our web address httpemporiastateworldcatorg then use the drop-down box for Resource Center for browsing or searching You may also call 620-341-5292 to check out resources during our hours 9-6 Monday through Thursday and 9-5 on Friday We are able to mail out items with no charge to patrons due to the generosity of the Kansas Bar Association
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 5
Lesson Plan 1 Symbolic Speech(Based on material found at landmarkcasesorg)
Tinker v Des Moines Independent Community School District 1969
The Facts of the Case
In December 1965 a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam War They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Yearrsquos Eve The principals of the Des Moines school learned of the plan and met on December 14 to create a policy to deal with the situation It stated that any student wearing an armband would be asked to remove it with refusal to do so resulting in suspension On December 16 Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home The following day John Tinker did the same with the same result The students did not return to school until after New Yearrsquos Day the planned end of the protest
Through their parents the students sued the school district for violating the studentsrsquo right of expression and sought an in-junction to prevent the school district from disciplining the students The district court dismissed the case and held that the school districtrsquos actions were reasonable to uphold school discipline The US Court of Appeals for the Eighth Circuit affirmed the decision without opinion
QuestionDoes a prohibition against the wearing of armbands in public school as a form of symbolic protest violate the studentsrsquo free-
dom of speech protections guaranteed by the First AmendmentSymbolic Speech Definition (from legal-dictionarythefreedictionarycom)
The term symbolic speech is applied to a wide range of nonverbal communication Many political activities including-marching wearing armbands and displaying or mutilating the US flag are considered forms of symbolic expression The US Supreme Court has held that this form of communicative behavior is entitled to the protection of the First Amendment to the US Constitution but the scope and nature of that protection have varied
Activity 1- Have the students debate whether or not this protest meets the definition of symbolic speech and is protected by the First Amendment
Activity 2- Have the students read the case summary found at Oyezorg (httpswwwoyezorgcases196821) Allow them to further discuss this issue of symbolic speech and the First Amendment
iCivicsThe Civil Rights unit covers the early days of expansion of
slavery in the US through the momentous 1950s and 60s and into the modern Civil Rights Movement In the Road to
Civil Rights unit students will be able to
bull describe the processes that led to the expansion of rights for African Americans
bull identify the roles of the three branches of government in establishing and protecting rights and
bull explain the significance of civil rights Supreme Court cases
Visit wwwiCivicsorg to additional learning objectives for The Road to Civil Rights unit
Do you find Law Wise helpful
We are always open to receiving comments ideas and suggestions Please contact awoodsksbarorg
with your responses
Please let us know bull Topics you would like to explore bull Projects and lessons you have developed that you
would like us to feature bull Questions you would like to ask an attorney or judge
We look forward to hearing from you
wwwksbarorglawwise
6 LAW WISE | OCTOBER 2017
Lesson Plan 2 An Anthem A Flag and Individual LibertiesLesson plan found at wwwbillofrightsinstituteorg
When American football player Colin Kaepernick began sitting (and later kneeling) during the National Anthem to protest racial injustice in the country he intended to draw attention to race relations in the United States However his actions have also sparked a discussion regarding the individual liberties of American citizens This conversation has since extended to other symbols of patriotism beyond the national anthemmdashsuch as respect for the American flag
This eLesson asks students to consider what constitutes protected speech and how far patriotic symbols and actions can be legally protected from acts of protest Through this lesson students will better understand the rights guaranteed by the First Amendment to the United States Constitution They will use this understanding to analyze a variety of current events and assess whether they constitute protected speech Students will then apply their understanding and analysis through respectful debate to further clarify their position on this controversial topic
ResourcesBRI Landmark Supreme Court Cases Texas v Johnson (1989)Oyez Database Texas v Johnson (1989)If Colin Kaepernick has First Amendment Rights to Protest Do Police TooHistory Teacher who lsquoStompedrsquo on American Flag during Class is Suspended
Background or Warm-Up ActivityAssign students to read the case brief and answer the discussion questions found in the Bill of Rights Institutersquos activity on
Texas v Johnson (1989) Students should use this review to familiarize themselves with the circumstances of the case and the courtrsquos decision They should come to class prepared to discuss their answers
Activity Debate1 As a class review the discussion questions answered in the Texas v JohnsonAfter the discussion take a poll as to who agrees or disagrees with the courtrsquos decision Divide your class along these lines
If the numbers are disproportionate randomly assign students to one side or the other Inform your students that they will be debating the following question To what extent should national symbols be protected from actions that many would deem disrespectful
2 Once your students are organized into groups give each group time to research similar Supreme Court decisions Encour-age your students to research both the majority and dissenting opinions to further strengthen their position
n Minersville School District v Gobitis (1940) [Later overturned] n West Virginia State Board of Education v Barnette (1943) n Texas v Johnson (1989) n United States v Eichman (1990)3 The following online resources can help your students in their research n United States Courts website n Oyez Database from ITT Chicago-Kent College of Law n Legal Information Institute from Cornell University Law School4 Give your students approximately 15 minutes to review and research the Supreme Court cases listed above Encourage
students from both groups to split into smaller groups to cover each case to make the best use of this time5 It is now time to debate n Prior to beginning preparation for the debate remind your students of the following rules for civil debate a Speak courteously No raised voices or insults of any kind b Listen courteously No interruptions c Argue authoritatively Use primary sources to support reasoning n Each group should elect a spokesperson to deliver a speechmdashno more than a minute longmdashin favor of their position n At the end of each sidersquos speech the other side should appoint an individual (different from the main spokesperson)
to ldquocross-examinerdquo the other side During this period the cross-examiner may only ask questions These are designed to clarify the first speakerrsquos arguments and ask questions that were unanswered or not considered earlier in the discussion n The next side should give their speech followed by cross-examination n Each grouprsquos third speaker will then give a brief response addressing concerns raised during the cross examination
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 7
Law WiseFAQsWe have a list of FAQs available at httpwwwksbarorgLWFAQ
The Kansas Bar Foundation with Interest on Lawyersrsquo Trust Accounts (IOLTA) funding provides support for this publication Law Wise provides general information about law-related matters of interest to teachers students and the public in Kansas but does not provide any legal advice so readers should consult their own lawyers for legal advice For further information about any projects or articles contact Anne Woods public services director (785) 234-5696 Law Wise is published by the Kansas Bar Association 1200 SW Harrison St Topeka KS 66612-1806 during the school year
Visit wwwksbarorglawwise to see archived issues frequently asked questions and to sign-up to receive six issues a year via email
n Have your students cast a secret ballot to determine which sidersquos argument was most compelling to the class Encour-age students not to simply vote for the side they participated in but to truly consider which side had the more compelling argu-ment
6 After the debate complete the following ldquoDebriefingrdquo activity with your students designed to further their understanding of First Amendment protections
Debriefing ActivityAsk your students the following critical thinking questions to further help them better understand First Amendment protec-
tions and the role of federalism and separation of powers
1 Does the First Amendment to the US Constitution protect only free speech or does it also protect freedom of expression as demonstrated by Johnson burning an American flag or the North Carolina teacher stepping on the flag
2 The American flag national anthem and pledge of allegiance are treated with respect and patriotism by many should that impact whether individuals are able to take actions seen by some as disrespectful to these national symbols
3 In North Carolina a teacher was suspended after stepping on the American flag as part of a lecture on free speech While no legal action is being taken against the teacher under North Carolina law the teacherrsquos actions are still considered a misde-meanor for flag desecration Under Texas v Johnson should the teacherrsquos actions be protected by the First Amendment Why or why not
4 Some who disagree with the protests of the National Anthem have suggested that the National Football League should implement a policy mandating players to stand during the anthem Even though private organizations have the ability to imple-ment these rules should professional sports leagues compel players to stand during the national anthem What individual liber-ties should the players have with respect to the national anthem
Extension ActivityLet your students debate with students from across the country on this topic through the Bill of Rights Institutersquos Bridge the
Divide (wwwthinkthevotecombridge-the-divide) debate platform Students have an opportunity to answer the question ldquoShould national symbols be protected from actions many deem disrespectfulrdquo Instruct your students to use their research and in-class discussion to assist in developing a well-reasoned argument from a constitutional perspective using the materials provided as well as the previously discussed material After submitting a post students will have an opportunity to view the responses of students from across the country
wwwksbarorglawwise
4 LAW WISE | OCTOBER 2017
bull National Center for Constitutional Studies wwwnccsnet
bull Bill of Rights and Letter Amendments wwwushistoryorgdocumentsamendmentshtm
bull US Constitutional Amendments wwwconstitutionfindlawcomamendmentshtml
bull National Constitution Center wwwconstitutioncenterorg
bull Bill of Rights wwwbillofrightsinstituteorg
bull Supreme Court of the United States wwwsupremecourtgov
bull US Supreme Court Opinions and Cases wwwcaselawfindlawcomcourtus-supreme-court
bull Landmark Cases of the US Supreme Court wwwlandmarkcasesorgenlandmarkhome
bull The Supreme Court Historical Society wwwsupremecourtorg
bull Supreme Court Cases wwwacluorgdefending-our-rightscourt-battles supreme-court
TERRIFIC TECHNOLOGY FOR TEACHERS
About the Law Wise Editor
Nicolas Shump teaches courses in Ancient and Modern World History Creative Writ-ing English Film Sport in American Culture World Philosophy and AP courses in Com-parative Government and Politics European History and US History and Government at The Barstow School in Kansas City MO He
is a columnist for the Topeka Capital-Journal and a Talk About Literature in Kansas (TALK) discussion leader for the Kansas Humanities Council He can be reached at nicshumpgmailcom
October BuzzBy Janice Romeiser
Fall has arrived and with Constitution Day fresh in our minds we aim to remind you of the great resources available for you here at the Teachers College Resource Center on the beautiful campus of Emporia State University
We are located on the second floor of Visser Hall and our resources generously funded by the Kansas Bar Association have quite a continuum of items from hands-on to DVDs to scholarly efforts by Supreme Court Justices Short synopses of a sampling of these resources follow
bull Lessons on the Constitution contains valuable back-ground information as well as ready-made lessons to complement American History or American Govern-ment classes
bull The Bill of Rights A Userrsquos Guide is an award-win-ning compilation of how each of the Bill of Rights amendments became the law
bull The New Nation is an historical perspective on all of us with lesson plans included
bull The History of the Supreme Court a DVD set con-taining 36 lectures of 30 minutes each including a book for 5th grade and up
These offerings and many more are available here at the Re-source Center for citizens of Kansas We would love to have you come and browse but we understand that geography sometimes impedes that So we offer our web address httpemporiastateworldcatorg then use the drop-down box for Resource Center for browsing or searching You may also call 620-341-5292 to check out resources during our hours 9-6 Monday through Thursday and 9-5 on Friday We are able to mail out items with no charge to patrons due to the generosity of the Kansas Bar Association
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 5
Lesson Plan 1 Symbolic Speech(Based on material found at landmarkcasesorg)
Tinker v Des Moines Independent Community School District 1969
The Facts of the Case
In December 1965 a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam War They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Yearrsquos Eve The principals of the Des Moines school learned of the plan and met on December 14 to create a policy to deal with the situation It stated that any student wearing an armband would be asked to remove it with refusal to do so resulting in suspension On December 16 Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home The following day John Tinker did the same with the same result The students did not return to school until after New Yearrsquos Day the planned end of the protest
Through their parents the students sued the school district for violating the studentsrsquo right of expression and sought an in-junction to prevent the school district from disciplining the students The district court dismissed the case and held that the school districtrsquos actions were reasonable to uphold school discipline The US Court of Appeals for the Eighth Circuit affirmed the decision without opinion
QuestionDoes a prohibition against the wearing of armbands in public school as a form of symbolic protest violate the studentsrsquo free-
dom of speech protections guaranteed by the First AmendmentSymbolic Speech Definition (from legal-dictionarythefreedictionarycom)
The term symbolic speech is applied to a wide range of nonverbal communication Many political activities including-marching wearing armbands and displaying or mutilating the US flag are considered forms of symbolic expression The US Supreme Court has held that this form of communicative behavior is entitled to the protection of the First Amendment to the US Constitution but the scope and nature of that protection have varied
Activity 1- Have the students debate whether or not this protest meets the definition of symbolic speech and is protected by the First Amendment
Activity 2- Have the students read the case summary found at Oyezorg (httpswwwoyezorgcases196821) Allow them to further discuss this issue of symbolic speech and the First Amendment
iCivicsThe Civil Rights unit covers the early days of expansion of
slavery in the US through the momentous 1950s and 60s and into the modern Civil Rights Movement In the Road to
Civil Rights unit students will be able to
bull describe the processes that led to the expansion of rights for African Americans
bull identify the roles of the three branches of government in establishing and protecting rights and
bull explain the significance of civil rights Supreme Court cases
Visit wwwiCivicsorg to additional learning objectives for The Road to Civil Rights unit
Do you find Law Wise helpful
We are always open to receiving comments ideas and suggestions Please contact awoodsksbarorg
with your responses
Please let us know bull Topics you would like to explore bull Projects and lessons you have developed that you
would like us to feature bull Questions you would like to ask an attorney or judge
We look forward to hearing from you
wwwksbarorglawwise
6 LAW WISE | OCTOBER 2017
Lesson Plan 2 An Anthem A Flag and Individual LibertiesLesson plan found at wwwbillofrightsinstituteorg
When American football player Colin Kaepernick began sitting (and later kneeling) during the National Anthem to protest racial injustice in the country he intended to draw attention to race relations in the United States However his actions have also sparked a discussion regarding the individual liberties of American citizens This conversation has since extended to other symbols of patriotism beyond the national anthemmdashsuch as respect for the American flag
This eLesson asks students to consider what constitutes protected speech and how far patriotic symbols and actions can be legally protected from acts of protest Through this lesson students will better understand the rights guaranteed by the First Amendment to the United States Constitution They will use this understanding to analyze a variety of current events and assess whether they constitute protected speech Students will then apply their understanding and analysis through respectful debate to further clarify their position on this controversial topic
ResourcesBRI Landmark Supreme Court Cases Texas v Johnson (1989)Oyez Database Texas v Johnson (1989)If Colin Kaepernick has First Amendment Rights to Protest Do Police TooHistory Teacher who lsquoStompedrsquo on American Flag during Class is Suspended
Background or Warm-Up ActivityAssign students to read the case brief and answer the discussion questions found in the Bill of Rights Institutersquos activity on
Texas v Johnson (1989) Students should use this review to familiarize themselves with the circumstances of the case and the courtrsquos decision They should come to class prepared to discuss their answers
Activity Debate1 As a class review the discussion questions answered in the Texas v JohnsonAfter the discussion take a poll as to who agrees or disagrees with the courtrsquos decision Divide your class along these lines
If the numbers are disproportionate randomly assign students to one side or the other Inform your students that they will be debating the following question To what extent should national symbols be protected from actions that many would deem disrespectful
2 Once your students are organized into groups give each group time to research similar Supreme Court decisions Encour-age your students to research both the majority and dissenting opinions to further strengthen their position
n Minersville School District v Gobitis (1940) [Later overturned] n West Virginia State Board of Education v Barnette (1943) n Texas v Johnson (1989) n United States v Eichman (1990)3 The following online resources can help your students in their research n United States Courts website n Oyez Database from ITT Chicago-Kent College of Law n Legal Information Institute from Cornell University Law School4 Give your students approximately 15 minutes to review and research the Supreme Court cases listed above Encourage
students from both groups to split into smaller groups to cover each case to make the best use of this time5 It is now time to debate n Prior to beginning preparation for the debate remind your students of the following rules for civil debate a Speak courteously No raised voices or insults of any kind b Listen courteously No interruptions c Argue authoritatively Use primary sources to support reasoning n Each group should elect a spokesperson to deliver a speechmdashno more than a minute longmdashin favor of their position n At the end of each sidersquos speech the other side should appoint an individual (different from the main spokesperson)
to ldquocross-examinerdquo the other side During this period the cross-examiner may only ask questions These are designed to clarify the first speakerrsquos arguments and ask questions that were unanswered or not considered earlier in the discussion n The next side should give their speech followed by cross-examination n Each grouprsquos third speaker will then give a brief response addressing concerns raised during the cross examination
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 7
Law WiseFAQsWe have a list of FAQs available at httpwwwksbarorgLWFAQ
The Kansas Bar Foundation with Interest on Lawyersrsquo Trust Accounts (IOLTA) funding provides support for this publication Law Wise provides general information about law-related matters of interest to teachers students and the public in Kansas but does not provide any legal advice so readers should consult their own lawyers for legal advice For further information about any projects or articles contact Anne Woods public services director (785) 234-5696 Law Wise is published by the Kansas Bar Association 1200 SW Harrison St Topeka KS 66612-1806 during the school year
Visit wwwksbarorglawwise to see archived issues frequently asked questions and to sign-up to receive six issues a year via email
n Have your students cast a secret ballot to determine which sidersquos argument was most compelling to the class Encour-age students not to simply vote for the side they participated in but to truly consider which side had the more compelling argu-ment
6 After the debate complete the following ldquoDebriefingrdquo activity with your students designed to further their understanding of First Amendment protections
Debriefing ActivityAsk your students the following critical thinking questions to further help them better understand First Amendment protec-
tions and the role of federalism and separation of powers
1 Does the First Amendment to the US Constitution protect only free speech or does it also protect freedom of expression as demonstrated by Johnson burning an American flag or the North Carolina teacher stepping on the flag
2 The American flag national anthem and pledge of allegiance are treated with respect and patriotism by many should that impact whether individuals are able to take actions seen by some as disrespectful to these national symbols
3 In North Carolina a teacher was suspended after stepping on the American flag as part of a lecture on free speech While no legal action is being taken against the teacher under North Carolina law the teacherrsquos actions are still considered a misde-meanor for flag desecration Under Texas v Johnson should the teacherrsquos actions be protected by the First Amendment Why or why not
4 Some who disagree with the protests of the National Anthem have suggested that the National Football League should implement a policy mandating players to stand during the anthem Even though private organizations have the ability to imple-ment these rules should professional sports leagues compel players to stand during the national anthem What individual liber-ties should the players have with respect to the national anthem
Extension ActivityLet your students debate with students from across the country on this topic through the Bill of Rights Institutersquos Bridge the
Divide (wwwthinkthevotecombridge-the-divide) debate platform Students have an opportunity to answer the question ldquoShould national symbols be protected from actions many deem disrespectfulrdquo Instruct your students to use their research and in-class discussion to assist in developing a well-reasoned argument from a constitutional perspective using the materials provided as well as the previously discussed material After submitting a post students will have an opportunity to view the responses of students from across the country
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 5
Lesson Plan 1 Symbolic Speech(Based on material found at landmarkcasesorg)
Tinker v Des Moines Independent Community School District 1969
The Facts of the Case
In December 1965 a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam War They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Yearrsquos Eve The principals of the Des Moines school learned of the plan and met on December 14 to create a policy to deal with the situation It stated that any student wearing an armband would be asked to remove it with refusal to do so resulting in suspension On December 16 Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home The following day John Tinker did the same with the same result The students did not return to school until after New Yearrsquos Day the planned end of the protest
Through their parents the students sued the school district for violating the studentsrsquo right of expression and sought an in-junction to prevent the school district from disciplining the students The district court dismissed the case and held that the school districtrsquos actions were reasonable to uphold school discipline The US Court of Appeals for the Eighth Circuit affirmed the decision without opinion
QuestionDoes a prohibition against the wearing of armbands in public school as a form of symbolic protest violate the studentsrsquo free-
dom of speech protections guaranteed by the First AmendmentSymbolic Speech Definition (from legal-dictionarythefreedictionarycom)
The term symbolic speech is applied to a wide range of nonverbal communication Many political activities including-marching wearing armbands and displaying or mutilating the US flag are considered forms of symbolic expression The US Supreme Court has held that this form of communicative behavior is entitled to the protection of the First Amendment to the US Constitution but the scope and nature of that protection have varied
Activity 1- Have the students debate whether or not this protest meets the definition of symbolic speech and is protected by the First Amendment
Activity 2- Have the students read the case summary found at Oyezorg (httpswwwoyezorgcases196821) Allow them to further discuss this issue of symbolic speech and the First Amendment
iCivicsThe Civil Rights unit covers the early days of expansion of
slavery in the US through the momentous 1950s and 60s and into the modern Civil Rights Movement In the Road to
Civil Rights unit students will be able to
bull describe the processes that led to the expansion of rights for African Americans
bull identify the roles of the three branches of government in establishing and protecting rights and
bull explain the significance of civil rights Supreme Court cases
Visit wwwiCivicsorg to additional learning objectives for The Road to Civil Rights unit
Do you find Law Wise helpful
We are always open to receiving comments ideas and suggestions Please contact awoodsksbarorg
with your responses
Please let us know bull Topics you would like to explore bull Projects and lessons you have developed that you
would like us to feature bull Questions you would like to ask an attorney or judge
We look forward to hearing from you
wwwksbarorglawwise
6 LAW WISE | OCTOBER 2017
Lesson Plan 2 An Anthem A Flag and Individual LibertiesLesson plan found at wwwbillofrightsinstituteorg
When American football player Colin Kaepernick began sitting (and later kneeling) during the National Anthem to protest racial injustice in the country he intended to draw attention to race relations in the United States However his actions have also sparked a discussion regarding the individual liberties of American citizens This conversation has since extended to other symbols of patriotism beyond the national anthemmdashsuch as respect for the American flag
This eLesson asks students to consider what constitutes protected speech and how far patriotic symbols and actions can be legally protected from acts of protest Through this lesson students will better understand the rights guaranteed by the First Amendment to the United States Constitution They will use this understanding to analyze a variety of current events and assess whether they constitute protected speech Students will then apply their understanding and analysis through respectful debate to further clarify their position on this controversial topic
ResourcesBRI Landmark Supreme Court Cases Texas v Johnson (1989)Oyez Database Texas v Johnson (1989)If Colin Kaepernick has First Amendment Rights to Protest Do Police TooHistory Teacher who lsquoStompedrsquo on American Flag during Class is Suspended
Background or Warm-Up ActivityAssign students to read the case brief and answer the discussion questions found in the Bill of Rights Institutersquos activity on
Texas v Johnson (1989) Students should use this review to familiarize themselves with the circumstances of the case and the courtrsquos decision They should come to class prepared to discuss their answers
Activity Debate1 As a class review the discussion questions answered in the Texas v JohnsonAfter the discussion take a poll as to who agrees or disagrees with the courtrsquos decision Divide your class along these lines
If the numbers are disproportionate randomly assign students to one side or the other Inform your students that they will be debating the following question To what extent should national symbols be protected from actions that many would deem disrespectful
2 Once your students are organized into groups give each group time to research similar Supreme Court decisions Encour-age your students to research both the majority and dissenting opinions to further strengthen their position
n Minersville School District v Gobitis (1940) [Later overturned] n West Virginia State Board of Education v Barnette (1943) n Texas v Johnson (1989) n United States v Eichman (1990)3 The following online resources can help your students in their research n United States Courts website n Oyez Database from ITT Chicago-Kent College of Law n Legal Information Institute from Cornell University Law School4 Give your students approximately 15 minutes to review and research the Supreme Court cases listed above Encourage
students from both groups to split into smaller groups to cover each case to make the best use of this time5 It is now time to debate n Prior to beginning preparation for the debate remind your students of the following rules for civil debate a Speak courteously No raised voices or insults of any kind b Listen courteously No interruptions c Argue authoritatively Use primary sources to support reasoning n Each group should elect a spokesperson to deliver a speechmdashno more than a minute longmdashin favor of their position n At the end of each sidersquos speech the other side should appoint an individual (different from the main spokesperson)
to ldquocross-examinerdquo the other side During this period the cross-examiner may only ask questions These are designed to clarify the first speakerrsquos arguments and ask questions that were unanswered or not considered earlier in the discussion n The next side should give their speech followed by cross-examination n Each grouprsquos third speaker will then give a brief response addressing concerns raised during the cross examination
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 7
Law WiseFAQsWe have a list of FAQs available at httpwwwksbarorgLWFAQ
The Kansas Bar Foundation with Interest on Lawyersrsquo Trust Accounts (IOLTA) funding provides support for this publication Law Wise provides general information about law-related matters of interest to teachers students and the public in Kansas but does not provide any legal advice so readers should consult their own lawyers for legal advice For further information about any projects or articles contact Anne Woods public services director (785) 234-5696 Law Wise is published by the Kansas Bar Association 1200 SW Harrison St Topeka KS 66612-1806 during the school year
Visit wwwksbarorglawwise to see archived issues frequently asked questions and to sign-up to receive six issues a year via email
n Have your students cast a secret ballot to determine which sidersquos argument was most compelling to the class Encour-age students not to simply vote for the side they participated in but to truly consider which side had the more compelling argu-ment
6 After the debate complete the following ldquoDebriefingrdquo activity with your students designed to further their understanding of First Amendment protections
Debriefing ActivityAsk your students the following critical thinking questions to further help them better understand First Amendment protec-
tions and the role of federalism and separation of powers
1 Does the First Amendment to the US Constitution protect only free speech or does it also protect freedom of expression as demonstrated by Johnson burning an American flag or the North Carolina teacher stepping on the flag
2 The American flag national anthem and pledge of allegiance are treated with respect and patriotism by many should that impact whether individuals are able to take actions seen by some as disrespectful to these national symbols
3 In North Carolina a teacher was suspended after stepping on the American flag as part of a lecture on free speech While no legal action is being taken against the teacher under North Carolina law the teacherrsquos actions are still considered a misde-meanor for flag desecration Under Texas v Johnson should the teacherrsquos actions be protected by the First Amendment Why or why not
4 Some who disagree with the protests of the National Anthem have suggested that the National Football League should implement a policy mandating players to stand during the anthem Even though private organizations have the ability to imple-ment these rules should professional sports leagues compel players to stand during the national anthem What individual liber-ties should the players have with respect to the national anthem
Extension ActivityLet your students debate with students from across the country on this topic through the Bill of Rights Institutersquos Bridge the
Divide (wwwthinkthevotecombridge-the-divide) debate platform Students have an opportunity to answer the question ldquoShould national symbols be protected from actions many deem disrespectfulrdquo Instruct your students to use their research and in-class discussion to assist in developing a well-reasoned argument from a constitutional perspective using the materials provided as well as the previously discussed material After submitting a post students will have an opportunity to view the responses of students from across the country
wwwksbarorglawwise
6 LAW WISE | OCTOBER 2017
Lesson Plan 2 An Anthem A Flag and Individual LibertiesLesson plan found at wwwbillofrightsinstituteorg
When American football player Colin Kaepernick began sitting (and later kneeling) during the National Anthem to protest racial injustice in the country he intended to draw attention to race relations in the United States However his actions have also sparked a discussion regarding the individual liberties of American citizens This conversation has since extended to other symbols of patriotism beyond the national anthemmdashsuch as respect for the American flag
This eLesson asks students to consider what constitutes protected speech and how far patriotic symbols and actions can be legally protected from acts of protest Through this lesson students will better understand the rights guaranteed by the First Amendment to the United States Constitution They will use this understanding to analyze a variety of current events and assess whether they constitute protected speech Students will then apply their understanding and analysis through respectful debate to further clarify their position on this controversial topic
ResourcesBRI Landmark Supreme Court Cases Texas v Johnson (1989)Oyez Database Texas v Johnson (1989)If Colin Kaepernick has First Amendment Rights to Protest Do Police TooHistory Teacher who lsquoStompedrsquo on American Flag during Class is Suspended
Background or Warm-Up ActivityAssign students to read the case brief and answer the discussion questions found in the Bill of Rights Institutersquos activity on
Texas v Johnson (1989) Students should use this review to familiarize themselves with the circumstances of the case and the courtrsquos decision They should come to class prepared to discuss their answers
Activity Debate1 As a class review the discussion questions answered in the Texas v JohnsonAfter the discussion take a poll as to who agrees or disagrees with the courtrsquos decision Divide your class along these lines
If the numbers are disproportionate randomly assign students to one side or the other Inform your students that they will be debating the following question To what extent should national symbols be protected from actions that many would deem disrespectful
2 Once your students are organized into groups give each group time to research similar Supreme Court decisions Encour-age your students to research both the majority and dissenting opinions to further strengthen their position
n Minersville School District v Gobitis (1940) [Later overturned] n West Virginia State Board of Education v Barnette (1943) n Texas v Johnson (1989) n United States v Eichman (1990)3 The following online resources can help your students in their research n United States Courts website n Oyez Database from ITT Chicago-Kent College of Law n Legal Information Institute from Cornell University Law School4 Give your students approximately 15 minutes to review and research the Supreme Court cases listed above Encourage
students from both groups to split into smaller groups to cover each case to make the best use of this time5 It is now time to debate n Prior to beginning preparation for the debate remind your students of the following rules for civil debate a Speak courteously No raised voices or insults of any kind b Listen courteously No interruptions c Argue authoritatively Use primary sources to support reasoning n Each group should elect a spokesperson to deliver a speechmdashno more than a minute longmdashin favor of their position n At the end of each sidersquos speech the other side should appoint an individual (different from the main spokesperson)
to ldquocross-examinerdquo the other side During this period the cross-examiner may only ask questions These are designed to clarify the first speakerrsquos arguments and ask questions that were unanswered or not considered earlier in the discussion n The next side should give their speech followed by cross-examination n Each grouprsquos third speaker will then give a brief response addressing concerns raised during the cross examination
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 7
Law WiseFAQsWe have a list of FAQs available at httpwwwksbarorgLWFAQ
The Kansas Bar Foundation with Interest on Lawyersrsquo Trust Accounts (IOLTA) funding provides support for this publication Law Wise provides general information about law-related matters of interest to teachers students and the public in Kansas but does not provide any legal advice so readers should consult their own lawyers for legal advice For further information about any projects or articles contact Anne Woods public services director (785) 234-5696 Law Wise is published by the Kansas Bar Association 1200 SW Harrison St Topeka KS 66612-1806 during the school year
Visit wwwksbarorglawwise to see archived issues frequently asked questions and to sign-up to receive six issues a year via email
n Have your students cast a secret ballot to determine which sidersquos argument was most compelling to the class Encour-age students not to simply vote for the side they participated in but to truly consider which side had the more compelling argu-ment
6 After the debate complete the following ldquoDebriefingrdquo activity with your students designed to further their understanding of First Amendment protections
Debriefing ActivityAsk your students the following critical thinking questions to further help them better understand First Amendment protec-
tions and the role of federalism and separation of powers
1 Does the First Amendment to the US Constitution protect only free speech or does it also protect freedom of expression as demonstrated by Johnson burning an American flag or the North Carolina teacher stepping on the flag
2 The American flag national anthem and pledge of allegiance are treated with respect and patriotism by many should that impact whether individuals are able to take actions seen by some as disrespectful to these national symbols
3 In North Carolina a teacher was suspended after stepping on the American flag as part of a lecture on free speech While no legal action is being taken against the teacher under North Carolina law the teacherrsquos actions are still considered a misde-meanor for flag desecration Under Texas v Johnson should the teacherrsquos actions be protected by the First Amendment Why or why not
4 Some who disagree with the protests of the National Anthem have suggested that the National Football League should implement a policy mandating players to stand during the anthem Even though private organizations have the ability to imple-ment these rules should professional sports leagues compel players to stand during the national anthem What individual liber-ties should the players have with respect to the national anthem
Extension ActivityLet your students debate with students from across the country on this topic through the Bill of Rights Institutersquos Bridge the
Divide (wwwthinkthevotecombridge-the-divide) debate platform Students have an opportunity to answer the question ldquoShould national symbols be protected from actions many deem disrespectfulrdquo Instruct your students to use their research and in-class discussion to assist in developing a well-reasoned argument from a constitutional perspective using the materials provided as well as the previously discussed material After submitting a post students will have an opportunity to view the responses of students from across the country
wwwksbarorglawwise
OCTOBER 2017 | LAW WISE 7
Law WiseFAQsWe have a list of FAQs available at httpwwwksbarorgLWFAQ
The Kansas Bar Foundation with Interest on Lawyersrsquo Trust Accounts (IOLTA) funding provides support for this publication Law Wise provides general information about law-related matters of interest to teachers students and the public in Kansas but does not provide any legal advice so readers should consult their own lawyers for legal advice For further information about any projects or articles contact Anne Woods public services director (785) 234-5696 Law Wise is published by the Kansas Bar Association 1200 SW Harrison St Topeka KS 66612-1806 during the school year
Visit wwwksbarorglawwise to see archived issues frequently asked questions and to sign-up to receive six issues a year via email
n Have your students cast a secret ballot to determine which sidersquos argument was most compelling to the class Encour-age students not to simply vote for the side they participated in but to truly consider which side had the more compelling argu-ment
6 After the debate complete the following ldquoDebriefingrdquo activity with your students designed to further their understanding of First Amendment protections
Debriefing ActivityAsk your students the following critical thinking questions to further help them better understand First Amendment protec-
tions and the role of federalism and separation of powers
1 Does the First Amendment to the US Constitution protect only free speech or does it also protect freedom of expression as demonstrated by Johnson burning an American flag or the North Carolina teacher stepping on the flag
2 The American flag national anthem and pledge of allegiance are treated with respect and patriotism by many should that impact whether individuals are able to take actions seen by some as disrespectful to these national symbols
3 In North Carolina a teacher was suspended after stepping on the American flag as part of a lecture on free speech While no legal action is being taken against the teacher under North Carolina law the teacherrsquos actions are still considered a misde-meanor for flag desecration Under Texas v Johnson should the teacherrsquos actions be protected by the First Amendment Why or why not
4 Some who disagree with the protests of the National Anthem have suggested that the National Football League should implement a policy mandating players to stand during the anthem Even though private organizations have the ability to imple-ment these rules should professional sports leagues compel players to stand during the national anthem What individual liber-ties should the players have with respect to the national anthem
Extension ActivityLet your students debate with students from across the country on this topic through the Bill of Rights Institutersquos Bridge the
Divide (wwwthinkthevotecombridge-the-divide) debate platform Students have an opportunity to answer the question ldquoShould national symbols be protected from actions many deem disrespectfulrdquo Instruct your students to use their research and in-class discussion to assist in developing a well-reasoned argument from a constitutional perspective using the materials provided as well as the previously discussed material After submitting a post students will have an opportunity to view the responses of students from across the country
