Embedded Files
Enduring Understanding
● The American system of limited government is designed to promote a specific definition of liberty. This definition differs from that used by other nations with different forms of government.
● The American system of government is based on the concept of social contract theory and the idea that individuals agree to place some limits on their absolute liberty in order to actually enjoy the greatest possible amount of liberty. What these limits should be is an important part of Constitutional law and public discourse.
● Democracies must also balance individual liberty and “the common good”. Debates about how to best achieve this balance is an important element of politics and public policy.
Vocabulary :
● Assembly ● Censorship ● Common Good ● Establishment Clause ● Free Exercise Clause ● General Welfare ● Individual rights ● Libel ● Liberty ● Petition ● Press ● Protest ● Religion ● Sedition ● Slander ● Social Media ● Speech
Video : Defining Liberty
What does “promote the general welfare” mean? How does the government promote the general welfare or common good? ● NJ Center for Civic Education: What is the “general welfare”?
What is liberty? ● NJ Center for Civic Education: What is “liberty?”
● Newseumed.org: My Five Freedoms (site requires an account to download forms- the forms are not necessary to complete this activity)
● Right to Petition and Assemble ○ American Bar Association: Right to Petition Lesson Plan
What is the difference between “the establishment of religion” and the “free exercise of religion”? How do we balance religious beliefs v. the common good? ● NJ Center for Civic Education: How does the First Amendment protect freedom of religion?
How can we balance individual rights and the general welfare when these important concepts are in conflict? ● C-SPAN: Individual Liberty and the Common Good
Free Speech in School: Tinker
The Supreme Court has affirmed that students do not lose their constitutional rights “at the schoolhouse gate,” K-12 schools may impose rules for safety and to ensure that the environment is conducive to learning. In 1969, Mary Beth Tinker and two other public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the government's policy in Vietnam in violation of a school regulation banning the wearing of armbands. The students were not disruptive, and did not impinge upon the rights of others. The Supreme Court held a prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, violated the First and Fourteenth Amendments. Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).
Hypothetical: Thinkalot Intermediate School has 750 bright, engaged students. A group of 50 students at the school wanted to protest the lack of response to climate change by placing banners in the hallways and refusing to speak in class. Classes proceeded as usual. There were no demonstrations and no threats of violence. The principal spoke with the students in private and asked them to stop their silent protest. The students shook their heads “no” and continued with the silence for the entire week. The students were suspended.
What do you think? Based on the Tinker decision, should the students be suspended or is their action within the protection of the first amendment? Does the refusal to speak in school interfere with the rights of other students? Does it interrupt class routine or interfere with the educational process? Are there less disruptive ways for the students to make their views known?
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