The First Amendment Plan of Study

OVERVIEW

The First

Amendment

Plan of Study

Interactive Constitution: The First Amendment Project OVERVIEW

The First Amendment Project

The National Constitution Center and the College Board collaborated to create the

Interactive Constitution: The First Amendment Project, an online tool that assists

educators in teaching the First Amendment to high school students across the

country. In creating this tool, the two institutions are working to ensure high school

graduates have a command of the First Amendment before they enter college and

the workforce.

https://constitutioncenter.org/interactive-constitution

Interactive Constitution: The First Amendment Project OVERVIEW

About

The First Amendment Project

A student is not prepared for citizenship without an understanding of the First Amendment and command of the

freedoms it protects. Knowledge of the Constitution is an essential component to every young American’s learning

experience. Yet across America, understanding of the historical, philosophical, and constitutional principles underlying

the First Amendment is in critical need. The First Amendment Project is a new classroom initiative to examine the

First Amendment through a nonpartisan, constitutional lens; to ask students to think critically about what the Found-

ing generation intended when writing the amendment; and to build deep understandings of how the amendment has

inuenced modern constitutional debates. The project provides classrooms with a two-week plan of study that helps

teachers introduce each of the four clauses of the First Amendment, discuss the concepts in a modern context, and

examine scholarly debates surrounding their interpretation. The materials supplement overall classroom instruction

with videos, lesson plans, activities, podcasts, and resources to learn about the First Amendment. The foundational

tool in this project is the National Constitution Center’s Interactive Constitution (IC). The IC supplies classrooms with

essays on the Constitution from legal scholars, exploring areas of agreement and disagreement about nearly every

clause of the Constitution. The plan of study also incorporates the Center’s Writing Rights interactive tool, allowing

students to compare and contrast primary source material to evaluate the relationships between Founding Era legal

texts, James Madison’s draft proposals for a bill of rights, and congressional variations of what would become the

First Amendment. This project is a starting point to introduce another initiative from the National Constitution Center:

Constitutional Exchanges, where students participate in online discussions with peer classrooms across the country

about constitutional provisions that aect Americans’ everyday lives.

The College Board/National Constitution Center Citizenship Readiness Initiative

The College Board and the National Constitution Center have teamed up on the development of this vital initiative to

introduce students to a closer inspection of the First Amendment through civil dialogue. Throughout the two-week plan,

students will read the Interactive Constitution’s “Common Interpretation” essays on the First Amendment, which

present the history and Supreme Court cases relating to each of the ve freedoms of the First Amendment: religion,

speech, press, assembly, and petition. After each lesson on one of the ve freedoms, students will engage in a healthy,

civil, and thought-provoking discussion based on scholarly “Matters of Debate” essays around signicant First

Amendment questions. Through this innovative, two-week unit plan, all Advanced Placement students will be introduced

to the best arguments on all sides of the ideological spectrum pertaining to fundamental First Amendment issues,

preparing them to participate in informed, civil discourse based on constitutional reasoning—rather than passion and

politics—that will secure the future of American democracy.

Interactive Constitution: The First Amendment Project OVERVIEW

The Interactive Constitution: America’s Leading Platform for Constitutional Education

The Interactive Constitution is a free, online tool that delivers scholarship from top constitutional experts right to class-

rooms. It allows students to explore the history behind each article, section, and amendment of the U.S. Constitution.

For each part of the Constitution, a dierent pair of legal scholars reaches across the partisan divide to co-author a

“Common Interpretation” essay explaining the areas in which they agree—including historical origins and analysis

of relevant Supreme Court opinions. Then, the same scholars write individual “Matters of Debate” essays outlining

leading viewpoints across a range of perspectives on how that part of the Constitution can or should be interpreted going

forward. The Interactive Constitution’s nonpartisan foundation and ideologically balanced opinions help teachers and

students have informed, respectful, up-to-date discussion about the Constitution.

For more information on the

Interactive Constitution: constitutioncenter.org/constitution

Writing Rights: constitutionalrights.constitutioncenter.org/app/home/writing

Classroom Exchanges: constitutioncenter.org/learn/constitutional-exchanges

Constitution in the Classroom

The National Constitution Center brings innovative teaching tools to your classroom. Our unique approach to constitu-

tional education emphasizes historical foundations through storytelling, constitutional questions, and civil dialogue

and reection.

How We Teach the Constitution

The National Constitution Center’s approach provides a strong foundation in Founding stories and judicial interpreta-

tions of the Constitution; teaches learners of all ages to separate political views from constitutional views, asking not

what the government should do but what it constitutionally may do; and teaches students to think like constitutional

scholars by providing platforms to support civil dialogue within classrooms and across communities.

Interactive Constitution: The First Amendment Project OVERVIEW

The First Amendment

Plan of Study

Unit Calendar:

Promoting Citizenship Readiness via Civil Dialogue

Unit Objective:

Students will analyze primary and secondary source documents via the Interactive Constitution to discuss and evaluate

the common and divergent viewpoints on the First Amendment of the Constitution from legal scholars, the Founding

generation, and fellow students through a civil dialogue that allows students to determine their own points of view and

why they hold those viewpoints.

Enduring Understanding:

EU: LOR-2: Provisions of the Bill of Rights are continually being interpreted to balance the power of government and the

civil liberties of individuals.

EU: LOR-3: Protections of the Bill of Rights have been selectively incorporated by way of the 14th Amendment’s due

process clause to prevent state infringement of basic liberties.

EU: CON-6: The Supreme Court’s interpretation of the U.S. Constitution is inuenced by the composition of the Court

and citizen-state interactions. At times, it has restricted minority rights and, at others, protected them.

Topical/Unit EQ:

– How has the First Amendment been interpreted to balance government power and individual rights?

– To what extent have Supreme Court interpretations of the First Amendment reected a commitment

to individual liberty?

– In what ways do legal scholars agree and disagree about First Amendment protections?

Interactive Constitution: The First Amendment Project OVERVIEW

Learning Objectives

– Students will be able to compare and contrast scholars’ varying viewpoints on the clauses of the First Amendment.

– Students will be able to generate articulate position statements in response to First Amendment constitutional questions.

• Students will be able to analyze controversies involving the First Amendment provision protecting

freedom of speech.

• Students will be able to evaluate competing interpretations of the First Amendment provision protecting

freedom of speech.

• Students will be able to apply varying interpretations of the First Amendment provision protecting

freedom of speech to controversial issues involving speech.

• Students will be able to identify high and low value varieties of speech.

• Students will be able to identify conditions under which speech can be limited.

• Students will be able to analyze controversies involving the First Amendment provision protecting freedom of press.

• Students will be able to apply varying interpretations of the First Amendment provision protecting freedom of press

to controversial issues involving speech.

• Students will be able identify conditions under which press can be limited.

• Students will understand the types of cases that most often raise issues addressed by the Establishment Clause.

• Students will understand how the interpretation of the Establishment Clause has developed over time and the cases

that led to the changes.

• Students will be able to take the text, history, and interpretation of the Establishment Clause and apply it

to current issues.

• Students will be able to understand the current questions that surround religious freedom rights.

Freedom of Speech

Freedom of the Press

Freedom of Religion

Establishment Clause

Interactive Constitution: The First Amendment Project OVERVIEW

• Students will understand the Supreme Court standards that have been set in cases dealing with the Free

Exercise Clause.

• Students will be able to take the text and history of the Free Exercise Clause and apply it to current issues.

• Students will be able to understand the modern questions that surround religious liberty.

• Students will understand the historical signicance of the rights to assemble and to petition.

• Students will be able to compare and contrast the viewpoints of constitutional scholars relating to the rights to

assemble and to petition.

• Students will be able to participate in a civil dialogue about the rights to assemble and to petition in the modern era.

• Students will be able to evaluate their own understanding of the rights to assemble and to petition.

• Students will be able to formulate ways the rights to assemble and to petition can be used by citizens in the

modern era.

Required AP U.S. Government & Politics Supreme Court Cases:

The following is a list of the Supreme Court cases that are required by the AP U.S. Government and Politics course.

It does not include all cases addressed in The First Amendment Project Plan of Study. Links to additional cases can be

found within the essays, videos, lesson plans, and podcasts hosted on the Interactive Constitution.

• Engel v. Vitale (1962)

• Tinker v. Des Moines Independent Community School District (1969)

• New York Times Co. v. United States (1971)

• Schenck v. United States (1919)

• Citizens United v. Federal Election Commission (2010)

Freedom of Religion

Assembly and Petition

Free Exercise Clause

Interactive Constitution: The First Amendment Project OVERVIEW

The First Amendment Plan of Study

Snapshot

Preparation for Class: View First Amendment Overview Videos

Introduction to the First Amendment, overview day

Historical Foundations

Civil Dialogue Primer

Preparation for Class: Watch Speech and Press Videos

Freedom of Speech

Freedom of the Press

Civil Dialogue on Speech and Press

Preparation for Class: Watch Religion Videos

Freedom of Religion: Establishment Clause

Freedom of Religion: Free Exercise Clause

Civil Dialogue on Freedom of Religion

Assembly and Petition Clause

Constitutional Exchanges

Day 1

Day 6

Day 2

Day 7

Day 3

Day 8

Day 4

Day 9

Day 5

Day 10

Interactive Constitution: The First Amendment Project OVERVIEW

Day 1 Introducing the First Amendment

The First Amendment Project begins with the introduction of the First Amendment and the understanding of “Freedom of

Conscience.” Through educational videos, specically developed for this plan of study, students will engage with deep and

fundamental understanding of this freedom. Highlighted in this video are National Constitution Center President and CEO

Jerey Rosen and U.S. Supreme Court Associate Justice Elena Kagan who tell the story of the First Amendment to students—

its protections and its safeguards—and how the Supreme Court, legal scholars, and citizens have interpreted it over time.

This introduction teaches students about today’s legal discourse surrounding the First Amendment by highlighting areas of

common interpretation and debate.

The associated classroom materials engage students in examining primary sources that record the development of the First

Amendment through the Writing Rights interactive. This tool presents students with James Madison’s original proposals for

what became the First Amendment—as well as the legal texts that preceded Madison’s drafts and the revisions to Madison’s

proposals made by the First Congress. Day 1 lays the groundwork for later classes by helping students to build understand-

ings of the relationships between the freedoms protected by the First Amendment. The lesson plan also demonstrates for

the students that disagreement about the interpretation of the First Amendment is as old as the amendment itself, while

modelling the ability to reach consensus on contentious questions. In subsequent lessons, students will focus deeply on the

individual clauses of the amendment.

• What are the ve freedoms protected by the First Amendment?

• In what ways do the ve freedoms protect the core elements of American democracy?

• What values do the ve freedoms protect?

Preparation for Class: View First Amendment Overview Videos

Day 2 Civil Dialogue Primer

A fundamental aspect of the First Amendment Project is civil dialogue. Materials are provided to empower students to have

and host civil dialogues. The Day 2 lesson begins with a video of U.S. Supreme Court Associate Justice Stephen Breyer

talking about what it means to have a civil dialogue and how the justices of the Supreme Court keep their deliberations civil

and productive—even with some of the most dicult cases. Students use this video lesson to establish classroom norms for

discussion, creating a foundation for conducting their own civil dialogue. Then they are ready to engage in specic content and

civil dialogues on the clauses of the First Amendment. On Day 3 they will begin by exploring Freedom of Speech.

Constitutional Questions

Interactive Constitution: The First Amendment Project OVERVIEW

Constitutional Questions

Day 3 Freedom of Speech

On Day 3 students examine the historical context and the drafting of the First Amendment by examining the motivations of

what the Founding generation. Students will also examine various types of “speech,” such as symbolic speech, hate speech,

and political speech, to address the scope of protections promised by the First Amendment and learn that speech can

only be limited when it is intended to and likely to cause imminent violence. In each instance, students will explore when the

government has some authority to restrict speech; areas of consensus among scholars, judges, and citizens; the strongest

constitutional arguments on each side of contested issues; and U.S. Supreme Court cases that have addressed free speech

rights. Students will use the National Constitution Center’s Interactive Constitution to look at the viewpoints of legal scholars

on free speech, where they agree and where there are matters of debate. This lesson pairs with the lesson on Day 4

(Freedom of the Press) to prepare students for a civil dialogue on Day 5.

• When and why can the government limit speech—and when can’t it?

• Does the First Amendment protect hate speech?

• Why does the First Amendment of the U.S. Constitution protect Freedom of Speech?

• Can the government limit certain expressive behaviors, like ag burning?

• How has the protection of speech changed over time?

Preparation for Class: Watch Speech and Press Videos

Day 4 Freedom of the Press

Students explore the scope and limitations of the First Amendment provision that protects Freedom of the Press. The les-

son poses a hypothetical scenario involving student journalists handling private information. After a brief class discussion,

students investigate the history, various interpretations, and modern relevance of First Amendment Freedom of the Press

protections in the Interactive Constitution. The lesson builds on the Day 3 (Freedom of Speech) lesson plan by asking stu-

dents to compare and contrast the freedoms of speech and press through discussion questions including: How are speech

and press related? and How are speech and press key to democratic functions? Students will demonstrate understanding

by applying Supreme Court decisions, including the AP Government and Politics required case New York Times Co. v. United

States, to evaluate the scenario presented earlier in the lesson.

• How does freedom of the press relate to freedom of speech?

• Why was the protection of the press so important to the Founding generation?

• Why does freedom of the press remain important to American democracy today?

Interactive Constitution: The First Amendment Project OVERVIEW

Constitutional Questions

Day 5 Introducing Civil Dialogue on Freedom of Speech and Press

Arguments and understandings developed in Day 3 and 4 lessons on freedom of speech and press are used by students to

address the constitutional questions presented in the lessons and engage in a classroom dialogue. The goal is to support

students in constitutional thinking skills through the application of fundamental practices for civil dialogue. Students

discuss complex ideas to build common understanding and dispositions for a respectful exchange of ideas. Students

will reiterate norms and procedures for civil discussion established in the Day 2 lesson plan. Time permitting, students

may also begin to discuss how to extend the conversation beyond the classroom period and what attributes they can use to

promote healthy dialogues outside the classroom.

Matters for Discussion

• When does the First Amendment allow the government to limit or restrict speech?

• Can a principal punish you for criticizing her on social media?

• Can a public university disinvite a controversial speaker?

• Can the government outlaw certain kinds of speech online, like bullying, terrorist threats, or

incitement to violence?

• Can a public school regulate what its students publish in the school newspaper?

Day 6 Freedom of Religion: Establishment Clause

The First Amendment has two clauses related to religion: one preventing the government establishment of religion (the

“Establishment Clause”) and the other protecting the ability to freely exercise religious beliefs (the “Free Exercise Clause”).

Students examine the First Amendment’s Establishment Clause—why it was included in the Bill of Rights, the issues it

addresses, and how the Supreme Court has interpreted it over time.

• Where does the Constitution draw the line between separation of church and state?

• Why was the Establishment Clause important to the Founding generation?

• How has the Supreme Court provided a legal framework for evaluating the boundary between church and state?

Preparation for Class: Watch Religion Videos

Interactive Constitution: The First Amendment Project OVERVIEW

Constitutional Questions

Day 7 Freedom of Religion: Free Exercise Clause

Students will examine the protections enshrined in the First Amendment’s Free Exercise Clause. Students will use the

Interactive Constitution to examine the Free Exercise Clause’s text and history and how the Supreme Court has interpreted

it over time. In this lesson, students compare and contrast the questions, opinions, and dissents in a series of Supreme

Court cases to dene when the Free Exercise does and does not limit government action.

• What does it mean to prohibit the “free exercise” of religion?

• How does the Free Exercise Clause relate to the Establishment Clause in protecting religious freedom?

• How has the Supreme Court’s application of the Free Exercise Clause changed over time?

Day 8 Freedom of Religion: A Civil Dialogue on Establishment and Free Exercise

Students will apply the fundamental skills of civil dialogue from previous lessons to discuss the Establishment and Free

Exercise clauses of the First Amendment and explore where constitutional scholars agree and where there are matters of

debate. Students will reiterate norms and procedures for civil dialogue established in the Day 2 lesson plan. Time permitting,

students may also begin to discuss how to extend the conversation beyond the classroom period and what attributes they

can use to promote healthy dialogues outside the classroom.

Matters for Discussion

• What does the First Amendment means when says “Congress shall make no law respecting an

establishment of religion.”

• Can your town council lead o its sessions with sectarian prayer?

• Can a public school give a religious group access to the school’s classrooms for meetings outside

of school hours? Can the group be excluded?

• Can the government give a parochial school grant money to build a new playground?

Interactive Constitution: The First Amendment Project OVERVIEW

Constitutional Questions

Day 9 Freedom of Assembly and Petition

Students explore the Founding era legacies of assembly and petition and how those legacies informed the creation of these

often-overlooked aspects of the First Amendment. They will complete a close reading activity to compare and contrast

ideas presented in the Interactive Constitution and describe the ways these rights have been interpreted by the Court and

used by citizens at various points throughout U.S. history. They will evaluate the constitutionality of assembly and petition

rights in the modern era through an in-class, civil dialogue addressing questions about time, place, and manner restrictions;

counter-protests; protests on college campuses; and other relevant assembly and petition questions.

• How can you assert your rights to freedom of assembly and petition?

• How did the Founding generation exercise their assembly and petition rights?

• How have constitutional movements throughout history used assembly and petition rights

to enact constitutional change?

• How should we balance the right to protest with the need for public order?

Matters for Discussion

• How do the rights to freedom of assembly and petition relate to the right to freedom of speech?

• What ways are there to petition the government for “redress of grievances”?

• In what ways has technology changed the way we exercise our rights to petition our elected ocials?

• When does the government have the ability to restrict protest in order to keep public order and safety?

Day 10 A National Civil Dialogue-Classroom Exchange

Students will apply the fundamental skills they have learned from previous lessons to discuss how the freedoms enshrined

in the First Amendment of the U.S. Constitution apply in their world. Supported by the National Constitution Center, students

will actively participate in a live, online Classroom Exchange. In the exchanges, classrooms across the United States are

paired with one another to discuss a constitutional question that students have addressed in class. The exchange provides

opportunities to discuss varying constitutional viewpoints with peers from across the country. Students are given opportunity

to now embody the norms they previously established for a civil dialogue and engage in an inter-classroom discussion.

Classroom Exchanges are moderated by legal professionals who are trained and approved by the National Constitution

Center to engage students for healthy dialogue on the First Amendment.

Constitutional Question (CQ): Teachers can sign up classes for a civil dialogue(s) around a CQ about the First

Amendment for whichever clause(s) they want their students to discuss.

Interactive Constitution: The First Amendment Project OVERVIEW

Civil Dialogue Toolkit

Extending the Conversation, Beyond the Classroom

Warning: Students will engage in the civil dialogue and will not likely want to leave when the period is over. This is

a perfect opportunity to speak with students about how to extend the conversation beyond the classroom walls and

use their passion and energy on the subject to further engage their classmates (and others) in the civil dialogue they

have started during class.

The tools presented in the Civil Dialogue Toolkit (https://constitutioncenter.org/learn/constitutional-exchanges/

think-like-a-constitutional-scholar) outline ways students may choose to engage with their fellow citizens by acting

to share their points of view outside the classroom walls. As teachers, this is also a great opportunity to use electronic

tools like Google Classroom or Edmodo to allow students to continue the conversation online. For example, teach-

ers may open a debate question or topic on Google Classroom, where students may choose to share points of view

and comment on posts from other students. Or perhaps a teacher posts a discussion on the Edmodo Classroom for

students to respond and comment on each other’s posts in an eort to further the class discussion beyond the class

period. All of these are possible ways to extend the classroom discussion.

However, some students may wish to share their points of view on the subject with the greater community outside of

school by creating a podcast, writing a letter to the editor of a local newspaper, or posting news stories on social media.

These are valuable occasions for students to nd their voice and utilize their roles within the community to share their

opinions and make their voices heard. Bringing these actions and activities back to the classroom for further elabora-

tion is also a unique way for students to make the connections between academic focus and citizenship that we strive

for our students to achieve.

About the National Constitution Center

The National Constitution Center in Philadelphia brings together people of all ages and perspectives, across America and around the

world, to learn about, debate, and celebrate the greatest vision of human freedom in history, the U.S. Constitution. A private, nonprot

organization, the Center serves as America’s leading platform for constitutional education and debate, fullling its congressional char-

ter “to disseminate information about the U.S. Constitution on a nonpartisan basis.” As the Museum of We the People, the Center brings

the Constitution to life for visitors of all ages through interactive programs and exhibits. As America’s Town Hall, the Center brings the

leading conservative and liberal thought leaders together to debate the Constitution on all media platforms. As a Headquarters for Civic

Education, the Center delivers the best educational programs and online resources that inspire citizens and engage all Americans in

learning about the U.S. Constitution. For more information, call 215-409-6700 or visit constitutioncenter.org.

About the College Board

The College Board is a mission-driven, not-for-prot organization that connects students to college success and opportunity.

Founded in 1900, the College Board was created to expand access to higher education. Today, the membership association is made

up of over 6,000 of the world’s leading educational institutions and is dedicated to promoting excellence and equity in education.

Each year, the College Board helps more than seven million students prepare for a successful transition to college through programs

and services in college readiness and college success— including the SAT and the Advanced Placement Program. The organization

also serves the education community through research and advocacy on behalf of students, educators and schools. For further

information, visit www.collegeboard.org.

Interactive Constitution: The First Amendment Project OVERVIEW

Meet the Authors

Dr. Kerry Sautner, Ed.D., is the chief learning ocer at the National Constitution Center. In her current role, she oversees

all aspects of the public’s on-site experience and leads the Center’s national education eorts. Through various platforms,

Sautner drives the development and distribution of programs and online oerings that make the Center the nation’s

leading constitutional education resource. Sautner also leads the development of interactive programs for

students, teachers, and the public; theatrical productions; educational videos; and standards-based classroom materials

available on-site and online.

Tim Rodman is a National Board Certied Social Studies Teacher and teaches Advanced Placement American Govern-

ment, Microeconomics and Macroeconomics at Walter Johnson High School in Maryland. He was awarded the Mary-

land Social Studies Teacher of the Year Award in 2010 and works with students as the Youth & Government and Model

United Nations advisor at WJHS. He graduated from the University of Maryland College Park with a masters degree in

Social Studies Curriculum & Instruction. Tim is a founding member of the National Constitution Center’s Teacher

Advisory Board and enjoys sharing the US Constitution’s treasures with students each year.

Dr. Jim Kearney is Assistant Director of Teaching and Learning for Radnor Township School District near Philadelphia,

Pennsylvania. He holds a bachelor’s degree in Secondary Social Studies Education from The Pennsylvania State

University, a master’s degree in History from Villanova University, a Supervisor of Curriculum and Instruction certicate

through Lehigh University, and a doctorate in Educational Leadership from Drexel University.

Thomas Donnelly is Senior Fellow for Constitutional Studies at the National Constitution Center. His focus at the

Center has been creating content for the Center’s Interactive Constitution, America’s Town Hall programming; and We

the People podcasts with Jerey Rosen. Donnelly’s specialties include constitutional theory, American political develop-

ment, and American constitutional history. Prior to joining the National Constitution Center in 2016, Donnelly served as

counsel at the Constitutional Accountability Center, as a Climenko Fellow and Lecturer on Law at Harvard Law School,

and as a law clerk for the Honorable Thomas Ambro on the U.S. Court of Appeals for the Third Circuit. He is a graduate

of Yale Law School, where he was a projects editor for The Yale Law Journal and a Coker Fellow. He received his bachelor’s

degree, summa cum laude, in government and philosophy from Georgetown University.