This lesson references U.S. Supreme Court cases. The Oyez website is promoted on several slides. You may choose to use the content on the Oyez site to break up your own presentation, especially for older students who may find the "live action" exciting.  

Advanced classrooms: This lesson provides older learners with the opportunity to discuss more complex concepts, such as how the composition of the bench changes over time and what it means for the executive branch when seats on the Supreme Court become vacant. Or for judges to compare Federal and State Courts. This lesson introduces the Warren Court and the Rehnquist Court to facilitate scholarly exploration of the court's history. Additionally, it provides an opportunity for a judge to promote judicial independence. 

Lesson Duration Breakdown

1. Warm-Up & Introduction (5 minutes)

Slides: Intro / Judge introduction
Activity: “Stand if you…”

• Ask students to stand if they’ve ever:
  
  

  • Posted something online
    
    

  • Worn clothing with a message
    
    

  • Participated in a protest or demonstration
    
    

  • Had something taken down by a teacher or principal
    
    

Explain: “All of these moments involve the First Amendment.”

2. What Is the First Amendment? (5 minutes)

Slides: First Amendment text

Ask students:

• “Are these rights unlimited?”
  
  

• “Who decides the limits?”
  
  

• “Do students have the same rights as adults?”
  
  

Introduce Judicial Review as the process courts use to answer these questions.

3. Case Study Rotations (25 minutes)

Present the key cases from the slide deck. After each case, lead a discussion. Questions are included as suggestions for sparking dialog. 

Case 1: Tinker v. Des Moines (1969)

Focus: Symbolic speech at school

Ask:

• “Should students be allowed to silently protest?”
  
  

• “What counts as a disruption?”
  
  

Case 2: Elonis v. United States (2014)

Focus: Social media and threats

Ask:

• “Does posting violent lyrics make them a threat?”
  
  

• “Should intent matter?”
  
  

Case 3: Texas v. Johnson (1989)

Focus: Flag burning & offensive expression

Ask:

• “Should offensive expression still be protected?”
  
  

• “Who decides what is too offensive?”
  
  

Case 4: Hazelwood v. Kuhlmeier (1988)

Focus: School-sponsored speech

Ask:

• “Should a school control its newspaper?”
  
  

• “How is school-sponsored speech different?”
  
  

Case 5: 303 Creative LLC v. Elenis (2023)

Focus: Free speech vs. anti-discrimination

Ask:

• “Is refusing service an act of speech?”
  
  

• “Should beliefs allow someone to deny service?”
  
  

Case 6: Morse v. Frederick (2007)

Focus: Speech at school events

Ask:

• “Does a banner referencing drugs count as free speech at school?”
  
  

• “How far do school rules reach?”

For grades 5-8, the optional slides won't be necessary, as you won't delve too deeply into the origins of the case. 

For older students, especially in AP Govt, you may wish to reduce the number of cases so you can spend more time on procedures and case law. Meet with the teacher ahead of time to determine their preference. This may be a short, 10-minute phone conversation. 

Small Group Activity (10 minutes)

Activity: “Protected or Not Protected?”

1. Place students into groups of 3–4. Once settled, present scenarios. One for each group. Suggestions: 
   
   

   • A student posts a joke online about blowing up the school.
     
     

   • A student kneels during the Pledge of Allegiance.
     
     

   • A school bans shirts with political slogans.
     
     

   • A student publishes a controversial article on a personal blog.
     
     

2. Give students 5 minutes to discuss, debate, and then decide:
   
   

   • Protected speech
     
     

   • Not protected
     
     

   • Depends
     
     

3. Groups share their reasoning.

4. Ask students outside the group if they agree.
   
   

This activity helps students apply the case law you just taught.