CLASSROOM LAW PROJECT
June 24-26, 2014
CLASSROOM LAW PROJECT Summer Institute
FIRST AMENDMENT 101
AGENDA
The Goals
Participants will
 examine U.S. Constitution, Amendment I
 learn about selected U.S. Supreme Court and Oregon cases
 explore the knowledge, skills and attitudes of active citizenship
 practice a variety teaching strategies for civic education
~~
Umbrella and hearing question for the week:
1. Why have First Amendment rights been viewed as essential to the functioning of a free
society?
 In what ways have these rights been of particular importance to women and minorities?
 Although First Amendment rights are considered essential in a constitutional
democracy, it is sometimes argued that these rights must be limited. Under what
circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
~~
Scholars
Hon. Susan Leeson, Oregon Supreme Court, senior status
Ms. Julie Silverbrook, Executive Director, The Constitutional Sources Project
Hon. Michael Simon, U.S. District Court – District of Oregon
Classroom Law
Project Staff
Ms. Marilyn Cover, Executive Director
Ms. Jeannemarie Halleck, Development & Communications Director
Ms. Tyler Kaltenbach, Program Manager
Ms. Barbara Rost, Program Director
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
Ms. Kathleese Young, Office Manager
Consultant
Ms. Susan Marcus, Teacher Extraordinare, retired
2
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
OVERVIEW
DAY 1: TUESDAY, JUNE 24
~locations in bold~
Lewis & Clark Law School, Wood Hall – Room 8
Intros, welcomes
Activity: Ranking the five freedoms
Sue Leeson on the First Amendment
Grade-level breakout
Activity: Socratic seminar
Activity: Townhall roleplay
Dinner at Lewis & Clark Law School
After dinner chat: Julie Silverbrook, ConSource, on primary sources
DAY 2: WEDNESDAY, JUNE 25
ATTIRE ALERT! We will visit the federal courthouse today;
business/professional attire is appropriate.
Lewis & Clark Law School, Wood Hall – Room 8
Sue Leeson on free speech in schools
Activity: Moot court
New cases from the U.S. Supreme Court
Activity: Structured deliberation
Activity: Fieldtrip to Hatfield Courthouse, downtown Portland
Dinner
After dinner chat: Hate speech with Michael Simon
DAY 3: THURSDAY, JUNE 26
ATTIRE ALERT! We are guests of a downtown law firm for dinner today;
business/professional attire is appropriate.
Lewis & Clark Law School, Wood Hall – Room 8
We the People: The Citizen & the Constitution curriculum
Activity: Simulated congressional hearing
Connecting the dots
Fieldtrip: Begin & end in The Pearl, downtown
3
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
Portland’s civil rights sites
Dinner on the deck
Celebrate!
4
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
AGENDA
DAY 1: TUESDAY, JUNE 24
8:30-8:55
REGISTRATION – Wood Hall, Classroom 8 (downstairs)
Check in dorms as time allows; see Tyler
Continental breakfast, daily
9:00
Welcome!
Marilyn Cover
Current event
Susie Marcus
Introductions: Sue Leeson, Susie Marcus, Marilyn Cover,
Tyler Kaltenbach, Barbara Rost
Marilyn
Housekeeping matters
LC credit (paperwork on Thursday)
Likes & Wishes
Marilyn
Tyler
Intro to CLP
9:20
Activity: Ice Breaker
Barbara Rost
Five freedoms: listing, ranking, drawing
10:05 Observations
10:15-10:30
BREAK
10:30 Scholar’s discussion
The First Amendment – A Look Back
laying the historical foundation
Handout: James Madison’s Proposal to the House
Sue Leeson
5
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
11:30 Extending the conversation
What does this mean in your grade-level?
6
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
Grade-level breakouts
Quick discussion in small groups. Assignment is to
(1) meet each other,
(2) begin a list of questions you would like answered over the course
of Summer Institute.
Participants are encouraged to continue discussion into the lunch break.
12:15-12:55
1:00
LUNCH
Quick report from grade-level groups
All
Debrief
Marilyn
1:10
Sue, continued
2:15
Activity: Socratic seminar using
Barbara
Norman Rockwell’s Freedom of Speech
Review rules. Distribute Rockwell painting; look at it independently.
In large group, discuss using Socratic Seminar format.
Debrief using Zola’s assessment guides.
Double-debrief including emphasis on Socratic Seminar as discussion tool/strategy,
use with first amendment issues.
3:15-3:30
3:30
BREAK
Activity: Townhall roleplay
Marilyn
Should town board meeting begin meetings with clergy-led prayer?
Town of Greece v. Galloway, 572 U.S. ___ (2014)
Introduce the activity, describe how it works, explain stakeholder groups
and assign roles (~15 min)
Work in assigned groups (~15 min)
Doing the hearing (~30 min)
7
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
Debrief the hearing (~15 min)
4:45
Debrief Town of Greece v. Galloway
Sue
8
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
5:00-5:55
DINNER
6:00
After dinner chat with Julie
Using Primary Sources
Julie Silverbrook
7:50
Recap
Marilyn
Likes & Wishes
ATTIRE ALERT! We will visit the federal courthouse tomorrow;
business/professional attire is appropriate.
8:00
End
9
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
DAY 2: WEDNESDAY, JUNE 25
ATTIRE ALERT! We will visit the federal courthouse today; business/professional attire is
appropriate.
8:30-8:55
9:00
CONTINENTAL BREAKFAST – Wood Hall, Classroom 8
Welcome back!
Current events
9:10
Susie
Sue’s continued discussion: Free speech at school
Wynar v. Douglas County School District
and super-quick primer on the cases it relies upon
10:00-10:15
BREAK
10:15 Connections, comments
Sue
10:30 Activity: moot court
Marilyn
Common core/state standards
Tyler
Prepare for moot court in three groups (~20 min.)
1. Judges – 9th Circuit Court of Appeals
2. Plaintiffs-Appellants – Wynar (Mark, the father, for Landon, the son)
3. Defendants-Appellees – Douglas County School District
Moots courts (~20 min):
Each court will consist of approximately six participants: two people
representing the plaintiff (Wynar), two representing the defendant (school
district), and two judges hearing the case. Yes, simultaneous (think: three-ring
circus)!
Debrief
Marilyn
10
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
Distinguishing moot court from mock trial
Graphic novel on jury trials
11
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
11:15 Sue’s overview of cases fresh from the U.S. Supreme Court
Or, Sue’s crystal ball
1. McCullen v Coakley (challenges Massachusetts’ law establishing 35 ft. buffer zone
for abortion clinics)
2. Sebelius v. Hobby Lobby (will corporations be able to exercise religious freedom?)
3. McCutcheon v. Federal Election Commission (campaign spending limits invalid
under the First Amendment),
https://www.youtube.com/watch?v=8VGxyt7vQ6Y .
noon-12:45
LUNCH
12:50 Review, recap, debrief
Marilyn
Implementing moot court in the classroom
What about the other activities we have explored, i.e. simulating hearings,
Socratic seminars?
Discuss grade-level application
1:20
Structured classroom deliberations
Marilyn
What are they? How do they work?
One approach to handling controversial issues:
Deliberations in a Democracy (DID) by Constitutional Rights Foundation
2:15-2:30
2:30
BREAK
Activity: Structured classroom deliberations, continued,
Marilyn
DID lesson asks, “Should our democracy permit hate speech?”
Common core, state standards
Tyler
3:45
Debrief
Marilyn
4:00
Travel to downtown Portland
All
Destination:
Hatfield Federal Courthouse, 1000 SW Third Ave., Portland 97204
12
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
Meet in the first floor lobby
On you own; carpooling encouraged! Map, directions
Note: government-issued I.D. is required to enter the building;
security check is like at the airport.
4:45-8:00
DINNER, TOUR and TALK
please be prompt!
4:45
Insiders’ tour of the courthouse
We are guests of Hon. Michael Simon (CLP board of directors), U.S. District Court
Mark O. Hatfield Federal Courthouse
1000 SW Third Avenue
Portland, Oregon 97204
5:30
Dinner
6:15
After dinner chat with Michael
Hate speech discussion with Judge Michael Simon
7:30
Parting thoughts
ATTIRE ALERT for tomorrow! We will guests of Perkins Coie law firm for dinner
(on its 10th floor outdoor deck) so business/professional attire will be appropriate.
8:00
End
13
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
DAY 3: THURSDAY, JUNE 26 – Wood Hall, Classroom 8
ATTIRE ALERT! We will guests of Perkins Coie law firm for dinner (on its 10th floor
outdoor deck) so business/professional attire is appropriate.
8:30-8:55
CONTINENTAL BREAKFAST
9:00
Welcome back! Current events
Susie
9:10
Let’s recap
Marilyn
Where have we been? Where are we now? Where are we headed?
9:25
We the People: The Citizen & the Constitution curriculum
Marilyn
Distribute high school text to each participant
Activity: WTP simulated congressional hearing
What is it?
Explanation using score sheets, video
Marilyn
Common core, state standards
Tyler
NO FAIL Recipe for a Hearing
Answer the question (including core democratic value)
 Everyone participates
 Connect with current events, life experience
 Cite the Constitution
 Refer to the historical context
For extra credit, use a quotation
10:00 In grade level hearing groups, prepare response to questions.
These are first steps to the hearing process (think small!)
Divide tasks:
14
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
1. Write an approx. 4-minute speech (need not be rigid; less is fine!) and talk
about introductory speech in grade level groups
2. Practice follow-up questions by having the group create its own questions
and talk about follow ups in grade level groups
take a
BREAK during the course of your group prep
11:00 Present hearings large group
11:00 Group 1 (veterans)
11:10 Group 2 (high school - newish)
11:30 Group 3 (middle school - newish)
11:45 Whew!
What about those hearings? Briefly!
Marilyn, et al
How would this work in your classroom?
12:15-12:55
LUNCH
1:00
Depart for civil rights tour
Map, directions, parking info
1:45
BE ON TIME – OR BE LEFT BEHIND!
Meet at 11th & NW Couch (The Pearl district, Portland)
Civil Rights Sites in Portland – guided tour
5:00
DINNER
We are guests of Robert Aldisert (CLP board member) and his law firm,
Perkins Coie LLP
1120 NW Couch, 10th floor
Portland, Oregon 97209
6:00
Recap and connect the dots
paperwork
15
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions
CLASSROOM LAW PROJECT
June 24-26, 2014
U.S. Constitution, Amendment I – 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.
LC credit, evaluation, etc.
8:00
THE END!
~have a great summer!~
16
Umbrella and hearing question: Why have First Amendment rights been viewed as essential to the functioning of a free society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy, it is sometimes argued that these rights must
be limited. Under what circumstances, if any, do you think limitations are justified? Explain your answer.
- Center for Civic Education, District Hearing Questions