Expression as a Human Right (10 Minutes)

Students will consider the concept of freedom of expression.

1. Share the following with students:

   According to the Universal Declaration of Human Rights, all human beings are entitled to freedom of opinion and expression. This means that everyone has the right to share their thoughts and ideas without fear of repression from the government.

2. Tell students that you will read a series of statements. At the end of each statement, participants will be asked to stand up (or raise their hand) if they agree with the statement or remain seated if they disagree. Explain that they will sit and stand without talking or explaining their thinking. Remind the participants that there are no wrong answers and that they should make their choices quickly without spending too much time thinking about the question.

Stand Up Statements – I believe that…

• there should be limits to what people are allowed to say publicly
• each person can say whatever they want, regardless of the consequences or effect on other people
• there is true freedom of speech/expression in my country
• expression/speech should be restricted if that speech incites violence
3. After you have read all of the statements, debrief with the following questions:
1. Were there differences of opinion for each of the statements? Why do you think that is?
2. What protections for freedom of expression exist in the United States?

No Limits? (25 Minutes)

Students will engage in silent debate and consider whether limits should be placed on freedom of expression in order to protect human rights.

1. Preparation: With one header on separate, large pieces of paper, write “Limits” and “No Limits”. Note: If you have a large number of students, you may wish to create multiple sheets of paper with the same headers.
 
2. Explain that freedom of opinion and expression are critical components of democracy. Ask for examples of what this looks like (e.g. a free press, freedom to participate in political protests, etc.) Talk about the tension between freedom of expression and a democracy’s responsibility to protect its residents, particularly those whose voices are often marginalized.
   • What are some of the negative consequences of allowing for freedom of expression?
     Possible answers: Misinformation and propaganda are unchecked, racist or dehumanizing language.
   • Is this dangerous or acceptable in a democracy?
   • Hateful and bigoted words can lead to hateful and bigoted actions. What are some of the possible consequences of letting bigoted rhetoric go unchecked?
     Possible answers: Discrimination and, in some cases, violence.
   • Who decides what is hateful or what expression should be limited?
     Possible answers: Government, media, social media platforms
   • What might be some of the negative consequences of the above groups deciding what expression to limit? Who gets to decide?
     Since social media platforms are commercial, their ultimate aim is to make money; does this impact their commitment to expression? We know that social media platforms, in order to get the most traffic, promote the most extreme opinions and language. The algorithms they utilize also work by presenting information to people that they think they will respond to positively. One person’s feed contains very different information and sources than someone else’s.

   Freedom of expression is classified by the UDHR as an essential human right. All people have the right to think, believe, and say whatever they want, and everyone has a right to share information.

3. Using the Google slideshow, share a few examples of situations where speech has had violent or extreme consequences (e.g. Rohingya genocide in Myanmar, “Pizzagate” attempted shooting, Twitter ban in Nigeria).
 
4. Post the following prompt on the board. Explain to students that they will be considering the balance between allowing freedom of expression and protecting individuals and communities. Ask students to write a brief response that will be shared with the class:
   

   Do you believe that there should be limits to freedom of speech/expression in order to protect human rights? Why or why not? What are some examples of expression that could lead to harm or violence?

5. After 5 minutes, ask students to move from their seats and silently summarize their response on the corresponding sheets, Limits or No Limits. After they have added their comments on the side of the debate that they agree with, they should review the board/sheet of the opposing side and respond to comments from their classmates. Students should continue going back and forth to respond to classmates’ comments for 10 minutes. Circulate as students are doing this to answer questions and clarify.
 
6. After 10 minutes or after all students have written their own response and responded to at least one classmate’s response, ask students to take their seats and review responses as a class. Were there common themes? Did anyone change their mind over the course of the activity? What are some examples of speech that is protected but also problematic and even, hateful?

Freedom of Expression in the U.S. (25 Minutes)

Students will consider the limitations of the First Amendment to the U.S. Constitution.

Key Terms

• defamation: the act of harming someone’s reputation
• ideology: a set of beliefs or a system of ideas
• incitement: the act of encouraging violent or illegal activity
• obscenity: the state or quality of being extremely offensive
• true threats: statements meant to intimidate someone into believing that they will be seriously harmed

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1. Share the Key Terms with the class, asking for a student volunteer to read them aloud. Explain that in the United States, laws are dictated by the U.S. Constitution and not the UDHR. The First Amendment of the U.S. Constitution establishes the right of freedom of expression and speech in the United States. The First Amendment states that:
   

   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 peaceably to assemble, and to petition the Government for a redress of grievances.

2. Ask students to spend 2 minutes paraphrasing the First Amendment in plain language. For example, what actions and activities are protected by the First Amendment? Who or what does the First Amendment protect Americans against? What types of speech are not protected by the Amendment? Why are these forms of speech (defamation, obscenity, threats) not protected?
   

   Explain that these are very complicated issues and that the court system in the U.S. continues to grapple with what types of expression are allowed and what types are limited. The First Amendment is about protecting the speaker/author from government interference. Also, just because speech might be protected under the First Amendment does not mean that it is without consequence. (As the video below will explain, an employee might be fired for writing insulting things about their boss, for example.)

3. Watch “The First Amendment Explained” (2:50) and check for understanding.
 
4. Distribute one U.S. Supreme Court Cases handout and one Supreme Court graphic organizer to each student. Explain that the class will be examining real (simplified) cases from the U.S. Supreme Court related to students’ freedom of expression. All of the cases pertain to limiting expression in public schools. Because public schools are funded and led by government officials, they are classified as government institutions.
   

   Note: Case studies are also available via Google Docs.

5. As a class, read Case #1 and complete the graphic organizer together. When finished, invite students to find two other classmates and complete their graphic organizers as a team with the remaining case studies.
 
6. When all students have completed their organizers, bring the class together and reveal the Court’s decision in each case. Allow a few minutes for student reflection and questions.
   • Did any cases stump students?
   • Do they disagree with any of the rulings? If yes, why?
   • Should the State get to decide what is obscene, hateful, or off-limits? If not the State, then who?

U.S. Supreme Court Cases

Case #1: West Virginia State Board of Education v. Barnette (1943)*
In 1942, the West Virginia Board of Education adopted a regulation that required all students to salute the American flag and recite the Pledge of Allegiance (a brief political declaration that students recite daily to express their allegiance to the flag and the U.S. Government).

Jehovah’s Witnesses are forbidden from saluting or pledging allegiance to symbols. After the 1942 resolution was passed, Marie and Gathie Barnett, two students who were Jehovah’s Witnesses, were expelled from their school for refusing to salute and recite the pledge. Their parents faced prosecution for “juvenile delinquency,” meaning that they could be punished because their children were not attending school.

The Barnett family brought a case against the West Virginia Board of Education, arguing that the First Amendment protects students from being forced to salute the flag or say the Pledge of Allegiance in public schools.

*Note: The family’s last name was cited incorrectly in court documents. Although official documents use the name “Barnette,” the correct spelling of the family’s name is “Barnett.”

Case #2: Tinker v. Des Moines Independent Community School District (1969)
In 1965, five students in Des Moines, Iowa–including four members of the Tinker family–decided to wear black armbands to school in protest against the war in Vietnam. School administrators learned about the students’ plan ahead of time and announced that students who wore an armband to school would be asked to remove it.

The students decided to defy the administration and wore armbands to school. Three of them were suspended. The Tinker family brought a case against the Des Moines Independent School District arguing that the students’ expression (wearing an armband) did not disrupt school activities and should be allowed.

Case #3: Hazelwood School District v. Kuhlmeier (1988)
In 1983, the principal of Hazelwood East High School in Missouri refused to publish two articles in The Spectrum, a student newspaper that was published as part of a journalism class. The articles in question were about teen pregnancy and divorce. The principal deleted the two stories without telling students about his decision; the students found out after the paper had already been delivered to readers.

The editor of The Spectrum and two reporters brought a case against the school district, arguing that their First Amendment rights had been violated when their school principal refused to publish their articles.

Case #4: Morse v. Frederick (2007)
In 2002, the students of Juneau-Douglas High School in Alaska were allowed to leave class to watch the Olympic torch relay as it passed by the school. This torch relay was being covered by members of the press. As the torch passed by and TV cameras were rolling, Joseph Frederick, a student, displayed a banner across the street from the school. The banner read, “Bong Hits 4 Jesus.” Frederick was suspended. The school claimed that his banner violated the school’s anti-drug policy.

Frederick brough a case against the principal of the school and the school board, stating that they violated his rights to free speech.

Supreme Court Graphic Organizer >

Freedom of Expression in the U.S.

Case #1: West Virginia State Board of Education v. Barnette

1. Year: 1943
2. Form of expression: Silence
3. How did school try to limit the student’s expression?
   The school tried to make the Barnett children salute the flag and recite the Pledge of Allegiance, despite this being against their religion.
4. What do you think the U.S. Supreme Court should have ruled?
   Answers will vary.

Court’s decision: The Supreme Court made a 6-3 decision in favor of the Barnett children. Their refusal to salute or recite the Pledge of Allegiance is protected under the First Amendment. Schools cannot force students to share an opinion on any topic.

Case #2: Tinker v. Des Moines Independent Community School District

1. Year: 1969
2. Form of expression: Symbol (wearing black armband)
3. How did school try to limit the student’s expression?
   The school told students that they could not wear a black armband in protest of the War in Vietnam.
4. What do you think the U.S. Supreme Court should have ruled?
   Answers will vary.

Court’s decision: The Supreme Court made a 7-2 decision in favor of the students. Their symbolic protest (wearing of armbands) is protected under the First Amendment. The court found that this type of protest is protected because it does not “substantially interfere” with school operations.

Case #3: Hazelwood School District v. Kuhlmeier

1. Year: 1988
2. Form of expression: Writing
3. How did school try to limit the student’s expression?
   The school refused to publish two articles in the school newspaper.
4. What do you think the U.S. Supreme Court should have ruled?
   Answers will vary.

Court’s decision: The Supreme Court made a 5-3 decision in favor of the school district. The refusal to print the articles is not a violation of the First Amendment. The court found that schools are not required to promote all types of student speech, and schools retain the right to sponsor speech that is “inconsistent with the shared values of a civilized order.”

Case #4: Morse v. Frederick

1. Year: 2007
2. Form of expression: Writing
3. How did school try to limit the student’s expression?
   The school suspended Frederick after he displayed a banner promoting drug use.
4. What do you think the U.S. Supreme Court should have ruled?
   Answers will vary.

Court’s decision: The Supreme Court made a 5-4 decision in favor of the principal and school district. The school did not violate Frederick’s First Amendment rights. The court found that although students have some right to free speech at school, schools may prohibit students from displaying messages promoting illegal drug use.