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The Judicial Branch Missy LaCroix Annie Caldwell

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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?

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Feel free to email us with any questions. Annie Caldwell acaldwell@bcps.orgacaldwell@bcps.org Missy LaCroix mlacroix@bcps.orgmlacroix@bcps.org

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