Name School What do you hope to get out of the session
today?
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TWBAT explore and apply instructional strategies to enhance
teaching and assessing of the judicial branch unit.
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Welcome and Introductions Judicial Branch and the VSC Review
Unit 5 Vocabulary Goldilocks on Trial Comparing Civil and Criminal
Law Supreme Court Case Chart Graffiti Vocabulary Supreme Court
Cases Mapp v. Ohio Role Play World Caf Supreme Court Cases SRO
Visit Session Debrief Questions/Reflections and Evaluation
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www.landmarkcases.org Case Summaries different reading levels
Application activities Using the website Create a lesson
outline.
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What is the background of the case? What is the Constitutional
issue? What do you think?
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The First Amendment says: Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech or of the press; or the
right of the people to peaceably assemble and to petition the
government for a redress of grievances.
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Yes In Thornhill v. Alabama (1940), the Court ruled that the
law prohibiting picketing was invalid because it did not inherently
pose a "clear and present danger."
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No In United States v. O'Brien (1968), the Court ruled that the
law was justified because it furthered an important government
interest.
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Yes In Spence v. Washington (1974), the Court reversed Spences
conviction and pointed out four important factors : 1. The flag was
privately owned. 2. The flag was on private property. 3. There was
no risk of breach of peace, incitement to riot, or disorderly
conduct. 4. Spences actions were symbolic speech. The Court
rejected the states arguments concerning the importance of respect
for our national emblem. However, the Court left open the
possibility of prosecuting someone if the factors listed above did
not apply.
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No In Barr v. LaFon (2008), a federal judge upheld the ban, as
did the Sixth U.S. Circuit Court of Appeals, saying that school
officials could reasonably predict that images of the Confederate
flag would substantially and materially disrupt the school
environment. In 2009, the Supreme Court declined to hear this case,
leaving in place the lower courts decision.
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No In Clark v. CCNV (1984), the Court mentioned that the
government can restrict the time, place, and manner of
demonstrations, the government had a legitimate interest in the
upkeep of the parks, and there were other ways for the group to
express their message.
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Yes In Wooley v. Maynard (1977) the Court said the state could
not require people to use these license plates. It said, among
other things, that it is okay for "individuals to hold a point of
view different from the majority and to refuse to foster... an idea
they find morally objectionable."
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Based on court decisions about symbolic speech, how do you
think the court will rule in the Tinker v. Des Moines case?
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The Supreme Court ruled in favor of the Tinkers. The Court
ruled that students are entitled to exercise their constitutional
rights, even while in school. The justices reasoned that neither
students (n)or teachers shed their constitutional rights to freedom
of speech or expression at the schoolhouse gate. Because student
expression is protected by the First Amendment even while in
school, school officials must provide constitutionally valid
reasons for regulating student expression. School officials must
show that the expression would cause a material and substantial
disruption with the discipline and educational function of the
school
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Baltimore County Handbook Policy: Students have the right to
freedom of speech, religion, and the right to assemble peaceably,
but speech and behavior that is disruptive can be prohibited School
publications is subject to reasonable restriction of the school.
Assemble may be restricted by reasonable limits Can not infringe on
the rights of others or cause a disruption
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What is one thing that you learned today that will help you
when planning and assessing your judicial branch unit?