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Curriculum Project Proposal Memorandum: Free Speech Rights

Last post 07-22-2008, 3:02 PM by Michael Willrich. 1 replies.
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  •  07-08-2008, 1:37 PM 4570

    Curriculum Project Proposal Memorandum: Free Speech Rights

    Project Proposal Memorandum

    Christopher P. Galvin

    Pursuing Justice, Summer 2008-07-08

     

    1)      Project Description:

    a.       This lesson will primarily deal with the development of the modern surveillance state during WWI by discussing two Supreme Court cases; Schneck v. U.S.  (1919) and Abrams v. U.S. (1919). Obviously these lessons will be taught in concurrence with a unit on America during WWI. Focusing on the enaction and enforcement of the Espionage and Sedition Acts, these lessons will raise the issue of free speech in a democratic society, especially during wartime.

    b.      The main student learning activity will be a classroom debate. Readings of primary source documents and other literature, as well student writing about the readings, will take place prior to the classroom debate. Therefore, this lesson will take at least two classes. Each day is planned around an 84 minute class period.

    Day 1: This class is needed to introduce students to the topics/cases at hand, distribute literature, and to allow students to being their reading/writing about their personal feelings on the issues at hand.

         a) Begin class with a question on the board for students to respond to on loose-leaf: “Can a citizen openly criticize the government in time of war, even if that speech advocates policies that are contrary to the American government’s interests?” Give students five to ten minutes to respond.

                      b) Set historical context for Espionage and Sedition Acts and how they came to pass.

                      c) Distribute excerpts from court transcripts from both cases, as well Key Questions for students to answer while reading these documents.

                      d) Introduce how both cases came to the Supreme Court and identify the major legal, political, and social issues surrounding them. Discuss these issues for a short time to initiate student thinking about broader socio-political issues rather than just the specifics of each case.

                      e) Allow students to begin reading and answering their questions. Whatever they do not finish in class, they will finish for homework.

    Day 2: This class is intended to allow students to form a well-informed and clearly thought out personal stance on the initial question(s) posted on Day 1.

                      a) Quickly review/collect homework, allow for some student discussion on the issues but allow for the most part of the discussion to take place in the debate.

                      b) Have students rewrite their personal stance paragraphs with the knowledge they have gained for reading the documents.                                                                     c) When students are finished, put them in like-minded groups of three or four. Then instruct the students that they will have to write an effective counter-argument to their own point of view. This will prepare them for the debate, as sides will be chosen randomly by picking a number out of hate. (Perhaps here I could use John Burt’s exercise on “persuasive engagement and the suicidally apodictic”. However, more class time would be needed.)

                      d) Reflect/discuss with the students on the level of difficulty they had with this process. Discuss why it is beneficial, when in an argument/debate, to understand you opponent’s position.

                      e) Divide classroom randomly and have the desks of the two sides facing one another with an isle for the mediator (teacher) to walk through. Begin debate by posing the main essential question for the lesson again. Allow debate to take up a half hour, use more time if needed.

                      f) For homework, have students write a reflection on how the debate went and what does the surveillance state mean to them in the context of the Patriot Act and the current FISA legislation.

    c.   Excerpts from Court Transcripts of Schneck v. U.S. and Abrams v. U.S..

          Excerpts from Patriot Act and FISA legislation

          Excerpts from Richard Polenberg’s “Fighting Faiths”

    2)      Research Question/Essential Questions:

    a)      Can a citizen openly criticize the government in time of war, even if that speech advocates policies that are contrary to the American government’s interests?

    b)      Can Americans go so far as to publicly advocate and pursue activities that undermine the government’s interests?

    c)      Does the government have the right to spy on citizens, even if there is no evidence that the citizen in question has done anything “wrong”?

    d)     If citizens cannot criticize government, does this limit the ways in which social change/progress can be made?

    e)      Other ideas to be discussed: Holmes’ “marketplace of ideas”, the clear and present danger clause, the American revolutionary identity, the direct incitement test, etc.

    3)      Scale of Project:  One lesson that will take two class periods to complete.

    4)      Student Assessment: Informal assessment will take place during class discussion and during the debate. Formal assessment will take place by collecting, reading, and grading student position paragraphs and their reflections.

    5)      Resources:      a) Information gained through Prof. Willrich’s seminar.

                                  b) Richard Polenburg’s Fighting Faiths

                                  c) Court Transcript’s of Schneck v. U.S. and Abrams v. U.S.

                                  d) The American Constitution

                                  e) The Declaration of Independence

                                  f) Thomas Paine’s Common Sense

                                  g) Justice Holmes and the Modernization of Free Speech Jurisprudence: The Human Dimension, by G. Edward White, California Law Review (1992).

                                  h) Geoffrey R. Stone’s Perilous Times

                                  g) http://www.freedomforum.org/packages/first/fightingwords/casesummaries.htm#terminiello

    6) Other Questions/Problems/Concerns: Here is my personal take on the Abrams case, which is posted on the website under the Fitchburg State Year 2 Forum:

    In regards to the Abrams v. U.S. case, I would like to take the U.S. government to task for imposing the Sedition and Espionage Acts in the first place. I would also like to pose a question to the rest of you to get your take on the matter: Is not the nature of what it means to be an American to question and challenge government? Is not the rebel spirit indelibly attached to America’s identity?

    The U.S. Supreme Court, in Abrams v. U.S., seems to be stifling the revolutionary nature of what is at the root of America’s identity. Immigrants like Abrams and his cohorts came to this country because it was a “free” country, where people could speak their minds. The Declaration states “…That to secure these rights, governments are instituted among Men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it…that governments long established should not be changed for transient causes…But when a long train of abuses and usurpations pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government…”.

    Therefore, it is the right of every American to protest laws or government actions that the citizen deems immoral or destructive. It could be argued that WWI was a “transient cause” and that the Espionage and Sedition Acts were impulsive actions taken by the government in order to suit its own needs at the present time. Given that the American Revolution took place in large part because of revolutionary literature which was “…unlawfully and willfully, by utterance, writing, printing and publication, to urge, incite and advocate curtailment of production of things and products, to wit, ordnance and ammunition, necessary and essential to the prosecution of war.”, it seems to me to be highly hypocritical for any government to stifle the very sort of language which made itself possible.


    The concern I have is, Do you think that this “radical” viewpoint would be accepted in American Public Schools? Do you think I will receive any backlash from this standpoint?

    Also, perhaps more importantly, are there any published academic works that could back up this claim?

               

     

     

     

         

     

                                       

                                 

                     


    Christopher P. Galvin
    Social Studies Dept.
    Marshfield High School
  •  07-22-2008, 3:02 PM 5688 in reply to 4570

    Re: Curriculum Project Proposal Memorandum: Free Speech Rights

    Dear Chris,

    It was great getting to know you during the institute, and I enjoyed our one-on-one discussions about this curriculum project. You used your time in the curriculum workshop very well. This seems to me a tightly focused unit on a major historical theme and political issue: the limits of free speech in the United States during wartime.

    The only revision I suggest is to add some material that will put your students in the shoes of the Congress that enacted the Espionage and Sedition Acts. Why did American lawmakers fear dissenting opinion during this war? I think that to address that question you need to deal especially with the rapid transformations experienced by the nation during the past two decades, in particular the "rising tide" of immigration from southern and eastern Europe, including many people who hailed from countries involved in the European war. The question of divided loyalties was a big fear. As was the fact that so many immigrants (including many socialists and anarchists) were concentrated in the big cities where the munitions industry was located and where U.S. troops were shipping off to war. You can get a lot of this material from the Polenberg book. I just think it's important for students to have an opportunity to weigh the opposing viewpoint (with which, like you, I heartily disagree).

    Best of luck finishing up this project. You're off to a terrific start.

    Michael



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