The ruling court with the highest jurisdiction is the ultimate determiner of what laws and words really mean.
The Pledge of Allegiance raises difficult questions with regard to freedom of expression and religion (1st amendment) and equal protection issues (14th amendment).
When does government authority override individual freedom of religious expression?
How do state court decisions and federal court decisions play out in terms of jurisdiction and application of the laws in question?
USI.15 Explain the varying roles and responsibilities of federal, state, and local governments in the
United States.
USI.16 Describe the evolution of the role of the federal government….
USI. 17 Explain the major components of Massachusetts’ state government...
USG.1.5 Explain how the rule of law, embodied in a constitution, limits government to protect the rights of individuals.
USG.1.6 Explain how a constitutional democracy provides majority rule with equal protection for the rights of individuals, including those in the minority, through limited government and the rule of law.

USG.2.6 Define and provide examples of fundamental principles and values of American political and civic life, including liberty, the common good, justice, equality, tolerance, law and order, rights of individuals, diversity, civic unity, patriotism, constitutionalism, popular sovereignty, and representative democracy.
USG.2.8 Evaluate, take, and defend positions on issues concerning foundational ideas or values in tension or conflict.
USG.3.4 Explain the functions of the courts of law in the governments of the United States and the state of Massachusetts with emphasis on the principles of judicial review and an independent judiciary.
USG.3.11 Compare core documents associated with the protection of individual rights, including the Bill of Rights, the Fourteenth Amendment to the United States Constitution, and Article I of the
Massachusetts Constitution.
USG.5.7 Analyze and evaluate decisions about rights of individuals in landmark cases of the United
States Supreme Court….
USG.5.10 Practice civic skills and dispositions by participating in activities such as simulated public hearings, mock trials, and debates.
The evolution of the concepts of personal freedom, individual responsibility, and respect for human dignity.
The growth and impact of centralized state power.
Show connections, causal and otherwise, between particular historical events and ideas and larger social, economic, and political trends and developments.
Interpret the past within its own historical context rather than in terms of present-day norms and values.
Distinguish intended from unintended consequences.

Computer with projection capability (or hardcopy of images) and computers with internet access.
1) Images with flag saluting (projected on wall)
2) Worksheet based on Supreme Judicial Court ruling on pledge
3) Worksheet based on Massachusetts General Law mandating pledge
4) Worksheet based on Massachusetts General Law prohibiting discrimination in public schools
6) Worksheet based on relevant sections of Massachusetts Constitution Declaration of Rights and
related Amendments (Articles I-III, Article CVI)
7) Worksheet with prompts for performance task (and rubric)
8) Notebook quiz
9) Reflection homework (day 2)
Coherent and sufficient summarization of assigned worksheets.
Effective composition and presentation of theoretical legal argument. (Rubric provided below)
DAY 1
Step 1:
Project/distribute first image and ask students to discuss what they think is going on (pair-share).
Project/distribute second image and repeat as above.
Step 2:
Give students overview of lesson (objectives, enduring understandings, guiding questions, and general plan/explanation). Provide basic details of history of Pledge of Allegiance, the recent case of Doe v. Acton-Boxborough Regional School District, and the relationship between state and federal courts. Students should take notes during the short teacher lecture. (Subject to an opennotebook during the next class session.)
Step 3:
Split class into 4 groups and present each group its worksheet. Walk around to facilitate completion of worksheets. Group 1: Excerpts from SJC Ruling; Group 2: Mass Law on Pledge; Group
3: Mass. Anti-Discrimination Law; Group 4: Excerpts from Mass. Declaration of Rights
Step 4:
Each group presents/summarizes its reading/worksheet. All students are expected to take notes
(subject to an open-notebook during the next class session) and ask questions for clarification as each group presents. Teacher supplements answers/provides additional information as needed.

Step 5:
Split class now into pairs and provide guidelines/rubric for theoretical legal argument. Walk around to facilitate research and preparation.
Day 2
Step 1: Students complete notebook quiz.
Step 2: Student pairs get together to finalize arguments and prepare for oral presentation.
Step 3: Pairs present and then take Q & A.
Step 4: Closing discussion of Doe v. Acton-Boxborough Regional School District..including short viewing of actual oral arguments and predictions on how future challenges on the pledge may be decided at the federal level.
Day 1 -- Introduce/explain homework expectations -- on-line collaborative work with partner to prepare for day 2 activity.
Day 2 -- Distribute homework (provided below).
Roman style flag salute image
Japanese flag salute image
SJC Ruling
Mass. General Law Mandating Pledge
Mass. General Law Prohibiting Discrimination
Mass. Constitution Dec. of Rights (Art. I-III and CVI)
Oral arguments video

Courtesy of New York State Archives Digital Collection.
New York State Archives, New York (State). Education Dept.
Bureau of Publications. Publicity photographs negatives, 1942-
1971. Series NYSA_A0471-78.

“Flag Salute.” Photograph. c1944. From Seabrook Education and Cultural Center. http://www.seabrookeducation.org/images/ChildCareFlagSalute.jpg
(accessed July 15, 2014)

Worksheet -- SJC Ruling
Step 1: Before reading --
Discuss briefly amongst the group your predictions for how the Massachusetts Supreme Judicial court decided this case.
Step 2: Read--
Call me over if you’re confused by something you’re reading. Use the space below to jot down notes and/or to write out your summary for step 3.
Step 3: Prepare for presentation -- a) Provide a summary of your reading passage. Appoint 1 student to read the summary aloud. b) Prepare 1-2 questions that you have about the reading or about the issues it raises. Appoint
1 student to share these questions with the class.

Worksheet -- Mass. Law re: Pledge of Allegiance
Step 1: Before reading --
Discuss briefly amongst the group why you think the Commonwealth of Massachusetts has a law requiring all public school classrooms to have an American flag and all school days to begin with the reciting of the Pledge of Allegiance.
Step 2: Read--
Call me over if you’re confused by something you’re reading. Use the space below to jot down notes and/or to write out your summary for step 3.
Step 3: Prepare for presentation -- a) Provide a summary of your reading passage. Appoint 1 student to read the summary aloud. b) Prepare 1-2 questions that you have about the reading or about the issues it raises. Appoint
1 student to share these questions with the class.

Worksheet -- Mass. Anti-discrimination law
Step 1: Before reading --
Discuss briefly amongst the group what comes to mind when you hear “anti-discrimination law” and what you think are appropriate penalties for an organization that has discriminated against someone or a group of people.
Step 2: Read--
Call me over if you’re confused by something you’re reading. Use the space below to jot down notes and/or to write out your summary for step 3.
Step 3: Prepare for presentation -- a) Provide a summary of your reading passage. Appoint 1 student to read the summary aloud. b) Prepare 1-2 questions that you have about the reading or about the issues it raises. Appoint
1 student to share these questions with the class.

Worksheet -- Mass. Declaration of Rights
Step 1: Before reading --
Discuss briefly amongst the group why states have their own “Bills (or Declarations) of Rights” when the United States already has a federal Bill of Rights in the Constitution.
Step 2: Read--
Call me over if you’re confused by something you’re reading. Use the space below to jot down notes and/or to write out your summary for step 3.
Step 3: Prepare for presentation -- a) Provide a summary of your reading passage. Appoint 1 student to read the summary aloud. b) Prepare 1-2 questions that you have about the reading or about the issues it raises. Appoint
1 student to share these questions with the class.

Worksheet/Rubric -- Performance Task
You and your partner have been assigned one of the cases listed below. You are to organize yourselves to research that case and formulate a plan as to how to use it to argue either for or against the Massachusetts’ Supreme Judicial Court’s ruling on the legality of a Pledge of
Allegiance requirement in schools. You will compose two paragraphs: a summary and an explanation of how you interpret the ruling of your case in relation to how it impacts the Pledge of Allegiance legality challenge. One of you will present the summary orally, the other will present the case application. You will both respond to teacher and student questions. A rubric for the paragraphs and presentation component is provided.
Cases:
West Virginia State Bd. of Educ. v. Barnette (1943)
Engel v. Vitale (1962)
Tinker v. Des Moines (1969)
Wisconsin v. Yodel (1972)
Santa Fe v. Doe (2000)
Zelma vs. Simmons-Harris (2002)
Kitzmiller v. Dover (2005)
Freedom from Religion Found. v. Hanover (2010)
Rubric
Above Standard At Standard Below Standard
Content Paragraphs are factually accurate, easy to comprehend, valid in terms of assumptions and analyses, properly and logically structured, professionally worded, and contain no vocab, grammar, or syntax errors.
Paragraphs are coherent, generally informative, reasonable in their assumptions, logical in terms of structure, grade-level appropriateness of written expression with few vocab, grammar, or syntax errors
Written work not logically structured, questionable in terms of factual accuracy with written expression below grade level and numerous errors of vocab, grammar, and/or syntax.
Presentation Effective and engaging presentation skills in terms of eye-contact, pacing, voice projection and modulation.
Professional, consistent managing of Q&A session.
Average presentation skills in terms eye-contact, pacing, voice projection and modulation. Successful management of Q&A session.
Limited effectiveness with presentation skills in terms of eye-contact, pacing, voice projection and modulation. Limited attempt to manage Q&A effectively.

Notebook quiz*
*You are allowed to use the notes you took during yesterday’s class session.
Circle the correct response:
1. Massachusetts state law requires schools to: a) display American flags in every classroom b) recite the Pledge of Allegiance on a daily basis c) not discriminate on the basis of “race, color, sec, gender indentity, religion, national origin or sexual orientation” d) all of the above
2. The Acton-Boxborough parents were challenging the Pledge of Allegiance recital on the claim
of its violation of: a) the 1st Amendment b) state anti-discrimination law c) the Federal Communications Act d) the Universal Church-State Separation Act
3. The words “under God” were added to the Pledge of Allegiance in 1954. a) True b) False
4. Several courts have decided that the Pledge of Allegiance is not just a patriotic exercise, but a religious one as well. a) True b) False

Homework -- Recap and Reflection
1. Do you agree with the recent decision by the Mass. SJC that the recitation of the Pledge of
Allegia nce doesn’t violate state anti-discrimination laws or the “equal protection” rights of the
state Constitution? Explain your answer.
2. If the US Supreme Court were to decide that the recital of the Pledge of Allegiance in public
school was unconstitutional, would Massachusetts be required to abide by that decision?
Explain your answer.
3. Have these activities prompted you to think more about the Pledge of Allegiance, freedom of
expression/religion , students’ rights in general, the role and influence of the state and federal
judicial systems, etc.? Why or why not?