December 13, 2002BURNING HATRED
Discussing the Constitutional Conflict Over Cross Burning
Grades: 6-8, 9-12
Subjects: American History, Civics, Language Arts
Related New York Times Article
"An Intense Attack by Justice Thomas on Cross-Burning, By LINDA GREENHOUSE", December 13, 2002
Overview of Lesson Plan:: In this lesson, students examine the constitutionality of various forms of expression; they then take part in a mock trial on the issue of cross burning.
SUGGESTED TIME ALLOWANCE: 45 minutes - 1 hour
OBJECTIVES:
Students will:
- Respond to pictures that represent different manifestations of "free speech."
- Learn about the current Supreme Court trial over the right to burn crosses by reading and discussing the article "An Intense Attack by Justice Thomas on Cross-Burning."
- Conduct a mock trial on the issue of cross burning.
- Write an essay defending or challenging to right to burn crosses as a manifestation of free speech.
RESOURCES / MATERIALS:
- pictures of a protest
- student journals
- pens/pencils
- paper
- classroom board
- copies of the article "An Intense Attack by Justice Thomas on Cross-Burning" (one per student)
ACTIVITIES / PROCEDURES:
- WARM-UP/DO NOW: At the start of class, show students, pictures of a protest, a flag burning, and a burning cross, projected on an overhead or a computer Power Point slide presentation, or as handouts (making sure to show only one image at a time). Students are given one minute to look at the first image and respond to the following prompt in their journals (written on the board prior to class): "Write the phrase that comes to mind as you look at each picture." After giving students time to write, project the second image, then the third, allowing students one minute to respond to each. Invite some students to share their responses with the class. Then engage the class in a brief dialogue on the relationship between each of these pictures and the First Amendment.
- As a class, read the article "An Intense Attack by Justice Thomas on Cross-Burning", focusing on the following questions:
- According to Justice Thomas, how is a burning cross "unlike any symbol I our society"?
- What was Michael Dreeben's argument about the threat of violence of a burning cross?
- What made Justice Thomas' argument especially dramatic?
- What 1995 case did Justice Thomas bring up during the hearing? How did he rule in this case?
- According to Rodney Smolla, how is burning a cross different from brandishing a gun?
- Divide the class into three groups: Supreme Court Justices, people claiming that cross burning is a manifestation of free speech, and people arguing that cross burning is a violent act (or "hate speech"), not protected by law. The members of the "Supreme Court" ask the following questions to each side, giving each group one minute to prepare a response and one minute to present it to the Court. Members of the Supreme Court may then ask follow up questions to both groups, as well as comment on their impressions of the legal basis for each side's argument, based on their responses. Initial questions that the "Supreme Court" should ask include:
- What do you think is the desired effect of cross burning?
- Would the burning of another religious article, such as a skullcap or totem pole, have the same effect as that of burning a cross? Why or why not?
- How is cross burning different from flag burning?
- What is the differences between displaying and burning a cross?
- What is the historical significance of cross burning? How does this support your position?
- Would there be a difference in your position based on whether a person who burns a cross also violates others' rights in an indisputable way?
- WRAP-UP/HOMEWORK: At home, students write a short essay expressing their own opinions on the issues presented in both the real Supreme Court case and in the mock trial in class.
DISCUSSION QUESTIONS:
- Does a burning cross invoke fear in you personally? If not, by what similar act might you feel more threatened?
- Where is the line between freedom of speech and "freedom from fear"? Can one person's exercise of the First Amendment be a violation of another person's rights?
- Have you ever seen a burning cross or other symbolic gestures that made you question the extent of the right to freedom of speech?
- Do you think the history of cross burning should influence whether or not people can do it today?
- Why do you think that the Supreme Court considers the freedom of speech so important?
EVALUATION / ASSESSMENT:
Students will be evaluated on completion of journal entry, participation in class discussions, participation in mock trial, and completion of essay
VOCABULARY:
trampling, doctrine, rapt, intervention, intimidation, harassment, meld, statute, concede, suppress
EXTENSION ACTIVITIES:
- Learn about the famous Supreme Court hearing that upheld the right of a Neo Nazi group to march in Skokie, Illinois (in a predominantly Jewish neighborhood) in 1978. Write a short report about the case, explaining the arguments on both sides and analyzing the Constitutional reasoning for why the group won the case.
- Choose a highly controversial Constitutional argument, such as the one over the right to bear arms or the separation of church and state, and research the Supreme Court cases that have ruled on this issue over the last 200 years. Choose one to reenact for the class, followed by a discussion of the issues involved in the case.
- Research the history of Reconstruction, focusing on the transition the African Americans had to make between slavery and freedom. Then write a document from the perspective of a newly freed slave. Include information about the treatment of freed slaves during this time, and the cultural and economic realities of their lives.
- Watch the film "Birth of a Nation." Read a review of the film that focuses on the film's historical context and impact. Then write a response to the point-of-view expressed in the review.
- Learn about the history of Clarence Thomas' appointment to the Supreme Court. Write a short biography focusing on the controversy that surrounded his appointment, his role as the only African American on the Supreme Court, and his "personality" as a Justice.
INTERDISCIPLINARY CONNECTIONS:
Global History- Learn about symbolic gestures throughout history and throughout the world that implied aggression toward another group of people. Create a children's book explaining the young students what these symbols meant and why they were so scary to people. End the story by posing questions to students regarding whether or not they think that these symbolic acts were and are appropriate or not.
Journalism- Create an independent newspaper dedicated to issues of freedom of speech. Present historical free speech cases, current issues in freedom of speech, as well as a forum where people can express their own opinions in a safe environment. (Make sure to find out the policies and legal rights of your school regarding student free speech before distributing newspapers within the school building).
Media Studies- Watch "Mississippi Burning," "School Ties," or another film in which hate crimes are perpetrated against a minority. Write an analysis of the crimes in the film, focusing on how the film illustrates the role that fear and intimidation play in hate crimes.
Science- Learn about the theory behind the "Pavlovian conditioning" mentioned in the article. Then conduct an experiment in which you hypothesize the desired effect of various well-known cultural symbols (e.g., The McDonald's arches, the Nike swoosh, or a wreath), then test your hypothesis by showing the images to people and learning about their reactions to these symbols. Analyze your experiment based on the following question: which of the symbols you chose, if any, might be said to elicit Pavlovian responses in your subjects?
Copyright 2002
The New York Times Company
