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The College<strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>The Importance <strong>of</strong>First Amendment ProtectionsEquip students with knowledge about theFirst Amendment on college campuses with this lessonplan brought to you by the <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> and theFoundation for Individual <strong>Rights</strong> in Education.To learn more about your First Amendment rights:Text RIGHTS to 31996 or go to www.College<strong>Bill</strong><strong>of</strong><strong>Rights</strong>.org


The College<strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>The Importance <strong>of</strong>First Amendment ProtectionsObjectivesStudents will understand theFirst Amendment rights <strong>of</strong>citizens.Students will analyze cases inwhich college students’ rightswere infringed.Students will compare andcontrast the First Amendmentrights <strong>of</strong> minors attending highschool and <strong>of</strong> young adultswho attend college.StandardsNational Center for History in the Schools(9-12): Era III, Standard 3A, 3B, 3CCouncil for Civic Education (9-12): IIA1, IIA2,IIB1, IIB3, IIC2National Council for the Social Studies:Strands 2, 3, 6, and 10Common Core (9-12): RI.7, RI.8, RI.9, SL.1,SL.2, SL.3 SL.4, SL.5, RH.1, RH.2, RH.3HandoutsHandout A: The College <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>: TheImportance <strong>of</strong> First Amendment ProtectionsBackground EssayHandout B: First Amendment Cases onCampusHandout C: Presentation RubricCollege <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> Poster©The <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> / FIRE2


Lesson PlanBackground/Warm-UpA. Students should read Handout A: The Importance <strong>of</strong> First Amendment ProtectionsBackground Essay and answer the questions at the end.B. As a large group, make a list on the board <strong>of</strong> all <strong>of</strong> the things that students expect to bedifferent when they go to college.Have the students review the U.S. <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>.Ask students to think about which <strong>of</strong> the expectations they listed correlate to theprotections in the <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>.C. Look back to the list and circle the expectations that are currently restricted because thestudents are under 18 and/or attending high school.ActivityA. Using the list your class created in the warm-up activity, put a star next to the list <strong>of</strong>expectations that have to do with the First Amendment, including the freedoms <strong>of</strong> speech,press, religion, association, assembly, and petition.If your list does not include all <strong>of</strong> these rights, ask students to think <strong>of</strong> examples <strong>of</strong> eachone.Hold a brief discussion about why these expectations change once people reach the age<strong>of</strong> 18 or leave high school.B. Place students into groups and have them choose one <strong>of</strong> these focus areas:The freedoms <strong>of</strong> religion and associationThe freedoms <strong>of</strong> speech and pressThe freedoms <strong>of</strong> assembly and petitionNote: Divide students into three large groups with one group working on each topic or intosix smaller groups with two groups doing the same topic.C. Each group should find an example <strong>of</strong> a situation on campus in which college studentsendured controversies over the rights specified by their focus area. (Information on casescan be found at www.thefire.org or in the Handout B: First Amendment Cases on Campushandout. You can either give them a list <strong>of</strong> cases or have them choose their own.)D. Students should research their case and prepare a presentation for the class. Presentationscould include:Holding a mock trial <strong>of</strong> the caseRole-playing the events in the caseCreating a multimedia presentation using video, PowerPoint, etc.3The College <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>©The <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> / FIRE


Creating a newspaper or newscast about the caseHolding a mock interview with both sides <strong>of</strong> the caseE. Students can be given as much time as needed to complete their projects in or outside <strong>of</strong>class, depending on your schedule.Each group should present what they have learned to their classmates.You may want to use the Handout C: Presentation Rubric provided to grade them ontheir effort and have their classmates grade their effort, using one copy <strong>of</strong> the handout foreach group that presents.Wrap-UpTo end the class, have students explain (in writing or orally):Is there a difference between the First Amendment rights <strong>of</strong> high school and collegestudents? Why or why not?What sorts <strong>of</strong> things can college students do to exercise First Amendment rights that highschool students may not be able to?In practice, how are college students’ First Amendment rights limited compared to otheradults’ rights? Do you believe that these limitations are constitutional? Why or why not?ExtensionsA. Read samples <strong>of</strong> the Federalist Papers and the Anti-Federalist papers. Write an essaycomparing and contrasting their arguments about the Constitution.How have understandings <strong>of</strong> First Amendment rights changed since the ratification <strong>of</strong> the<strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>?B. Research recent cases involving the First Amendmentand high school students and adults. Compare thesecases to cases involving college students from theabove activity.How are the cases different? How are they similar?Create a three-circle Venn diagram showing thesimilarities and differences between these threetypes <strong>of</strong> cases. (See the sample on the right.)C. After your research, answer these questions:Do you think that high school students shouldhave the same First Amendment rights as collegestudents?Do you think college students should have thesame First Amendment rights as other adults?AdultHigh SchoolCollege©The <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> / FIRE The College <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> 4


leges’ understanding <strong>of</strong> it. Private universitiesare not bound by the First Amendment andare legally allowed to restrict speech in waysthat public universities may not. However,most nevertheless promise to respect the rightto free speech and other rights addressed bythe First Amendment. This reading exploressome issues and events that are especiallyimportant for rising college students to understandin light <strong>of</strong> their constitutional rights.Freedoms <strong>of</strong> Religion andAssociationThe first two clauses <strong>of</strong> the First Amendmentprotect freedom <strong>of</strong> religion. The firstasserts that Congress will not establish anational religion. The second clause <strong>of</strong> theFirst Amendment states that Congress cannotdeprive citizens <strong>of</strong> their right to exercisewhichever religion they choose (the Free ExerciseClause). As is <strong>of</strong>ten the case, First Amendmentrights overlap. Practicing your religion<strong>of</strong>ten means saying certain things (freedom<strong>of</strong> speech) or gathering in groups (freedom <strong>of</strong>assembly). Religious speech and religious associationsare no different from other types <strong>of</strong>speech or organizations. A public college cannotdeny equal treatment to student religiousorganizations, political organizations, andother kinds <strong>of</strong> organizations under the FirstAmendment.In the case <strong>of</strong> Rosenberger v. Rectors <strong>of</strong>the University <strong>of</strong> Virginia (1995), for instance,the Supreme Court ruled that the University <strong>of</strong>Virginia violated the First Amendment rights<strong>of</strong> students producing a Christian newspaperon campus when it denied the newspaperfunding due to the paper’s religious views.Five years later, in Board <strong>of</strong> Regents <strong>of</strong> theUniversity <strong>of</strong> Wisconsin System v. Southworth(2000), the Supreme Court upheld the mandatorystudent-activity fee used by the University<strong>of</strong> Wisconsin to partially support studentorganizations, including religious groups, in amanner that was neutral toward the groups’views and beliefs. Together, the Rosenbergerand Southworth decisions establish that religiousstudent organizations on campus havethe same right to student-fee funding as othertypes <strong>of</strong> student groups, and that such fundingmust be distributed by the university in aviewpoint-neutral manner.Yet despite the First Amendment’s protections,colleges and universities frequentlyrestrict students’ religious liberty and right toengage in religious speech. For example, theUniversity <strong>of</strong> Wisconsin at Eau Claire informedthe resident assistants (RAs) in its dormitoriesthat they were not permitted to host Bible,Torah, or Koran study sessions in their dormrooms because their religious beliefs mightmake them less “approachable” to studentswho did not hold the same beliefs. The universityheld to its declared policy even after theFoundation for Individual <strong>Rights</strong> in Education(FIRE)—a nonpartisan nonpr<strong>of</strong>it organizationdedicated to defending student and facultyrights—wrote letters to the university, theUniversity <strong>of</strong> Wisconsin System President, andthe Wisconsin Attorney General, pointing outthat at a public institution, this ban on religiousexpressive activity was unconstitutional viewpointdiscrimination. It was only after one RAstudent filed a lawsuit against the universitythat the school reversed its policy and recognizedthe religious liberty <strong>of</strong> its student RAs.In another case, William Paterson University,a public school in New Jersey, attackedthe free speech rights <strong>of</strong> Muslim student JihadDaniel for engaging in religious expression.The university found him guilty <strong>of</strong> “discrimination”and “harassment” for expressing hisreligious belief that homosexuality is a “perversion”in a private email to a pr<strong>of</strong>essor. Theemail was in response to an unsolicited announcementthe pr<strong>of</strong>essor had sent out over©The <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> / FIRE The College <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> 6


email regarding a university event that promoteda positive view <strong>of</strong> lesbian relationships.On the basis <strong>of</strong> this single, private response toa pr<strong>of</strong>essor, the university sanctioned Danielwithout sufficient due process or consideration<strong>of</strong> the religious basis for his comment.Freedoms <strong>of</strong> Speech and PressThe freedoms <strong>of</strong> speech include spoken,written, and artistic expressions <strong>of</strong> ideas, andthese rights also have been understood toprotect expressive conduct. Freedom <strong>of</strong> thepress is explicitly included in the First Amendment.Courts have also held that the FirstAmendment protects a right to receive information.The Supreme Court has made clear thatstudents enjoy their full free speech rights onpublic university campuses. In Healy v. James(1972), the Court declared, “[T]he precedents<strong>of</strong> this Court leave no room for the view that,because <strong>of</strong> the acknowledged need for order,First Amendment protections should applywith less force on college campuses thanin the community at large. Quite to the contrary,‘the vigilant protection <strong>of</strong> constitutionalfreedoms is nowhere more vital than in thecommunity <strong>of</strong> American schools.’” In Papishv. Board <strong>of</strong> Curators <strong>of</strong> the University <strong>of</strong>Missouri (1973), the Court heard the case <strong>of</strong> astudent who had been expelled for distributingon campus a publication deemed to contain“indecent speech.” In deciding this case onFirst Amendment grounds, the Court statedthat “the mere dissemination <strong>of</strong> ideas—nomatter how <strong>of</strong>fensive to good taste—on a stateuniversity campus may not be shut <strong>of</strong>f in thename alone <strong>of</strong> conventions <strong>of</strong> decency.” TheCourt reversed the student’s expulsion.In spite <strong>of</strong> these precedents, colleges anduniversities <strong>of</strong>ten limit their students’ speechand press rights. Syracuse University’s School<strong>of</strong> Education, for example, effectively expelledgraduate student Matthew Werenczak fromits teaching program for his post on his ownFacebook page complaining about a raciallychargedcomment made in his presence by acommunity leader. Even after Matthew completedthe requirements for his reinstatement(including a special course <strong>of</strong> diversity trainingand counseling for “anger management”), hewas denied readmission.In the area <strong>of</strong> student press, a finance committeeat the University <strong>of</strong> West Georgia cutfunding from a campus newspaper after thepaper reported on the issue <strong>of</strong> corruption inthe student government. In addition, followingthe publication <strong>of</strong> an article satirizing fraternitylife at the university, the student government(whose president was a Chi Phi fraternitymember) passed a bill calling for a fundingfreeze <strong>of</strong> the newspaper. The newspaperstaff believed these were unlawful actions inresponse to constitutionally-protected studentexpression, including reporting on the importantissue <strong>of</strong> whether corruption was takingplace in the student government.Freedoms <strong>of</strong> Assembly and PetitionCitizens <strong>of</strong> the United States have the rightto assemble peaceably under the First Amendment.Groups can come together for any number<strong>of</strong> reasons, including to raise awareness <strong>of</strong>issues in the national or local spotlight and tospread their ideas to a larger audience. Citizensmay also petition the government whenthey voice their opinions about specific policiesand laws or when they try to bring aboutchanges in policies.In two recent cases, federal courts haveupheld the right <strong>of</strong> students on public universitycampuses to assemble, and have struckdown university policies that heavily restrictedthis right. In 2012, at the University <strong>of</strong> Cincinnati,members <strong>of</strong> the student group YoungAmericans for Liberty (YAL) were told that they7The College <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>©The <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> / FIRE


could not gather signatures and talk to studentsacross campus in support <strong>of</strong> a statewide ballotinitiative. Instead, the YAL members werelimited to the university’s “free speech zone,”which made up just 0.1 percent <strong>of</strong> the university’s137-acre campus. The students were alsotold that if they were seen “walk[ing] aroundcampus” gathering signatures, campus securitywould be alerted. To protect their right to assemblepeaceably and engage in protected politicalspeech, the students sued their school infederal district court. After reviewing the university’spolicy, the court sided with the students.It issued a permanent injunction instructing theuniversity to never again enforce the policy,and ordered that the university may not restrictstudent speech in the outdoor areas <strong>of</strong> campusunless the restriction is “narrowly tailored toserve a compelling University interest.”Similar circumstances surrounded thechallenge <strong>of</strong> Texas Tech University’s “freespeech zone” policy, which restricted the rightto assemble peaceably, as well. At a largepublic university campus with a student body<strong>of</strong> 28,000, Texas Tech restricted free speechto a single free speech “gazebo” measuringjust 20 feet in diameter. Though the universityadded other free speech zones duringthe course <strong>of</strong> litigation, the judge held thatuniversity policy must be interpreted to allowfree speech for students on “park areas, sidewalks,streets, or other similar common areas… irrespective <strong>of</strong> whether the University hasso designated them or not.” The case is alsonotable for the activities <strong>of</strong> the student groupStudents for Free Speech (SFS) at Texas Tech,which organized a campus-wide petition drivethat attracted more than 900 student signaturesin support <strong>of</strong> free speech. When TexasTech administrators failed to respond to thisinitiative, SFS members organized a creativeprotest event: a “funeral procession for freespeech,” complete with eulogies, a clergyman,and a full-size wooden c<strong>of</strong>fin.The First Amendment rights <strong>of</strong> citizens aredebated regularly across the country. Althoughcollege students’ rights are protected by the<strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>, issues relating to the freedoms<strong>of</strong> religion, speech, press, assembly, and petitionsometimes arise at colleges and universities.It is up to the students at these institutions<strong>of</strong> higher learning to be aware <strong>of</strong> their rights,and to help fight to protect them.Comprehension andCritical Thinking Questions1. What rights are protected by the FirstAmendment?2. Why did the Founders consider theserights essential to self-government?3. How does religious liberty relate to theright to speak and think freely?4. What is association? How does it relateto the First Amendment?5. What is expression? How does it relateto the First Amendment?6. Why is free political speech particularlyimportant in a democratic republic?7. How would your life be different todayif you weren’t protected by the FirstAmendment? How might your life bedifferent in the future if you weren’tprotected by the First Amendment?8. What are you most interested in learningabout your First Amendment rights oncollege campuses?©The <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> / FIRE The College <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> 8


The Foundation for Individual <strong>Rights</strong> in Education(FIRE) assisted the students involved inthe First Amendment issues at public universitiesmentioned in this essay. Here are some <strong>of</strong>the outcomes:Daniel was eventually cleared <strong>of</strong> thebaseless charges once FIRE wrote tothe university and took the case public.After FIRE exposed Syracuse’streatment <strong>of</strong> Werenczak to publicscrutiny, Syracuse readmitted him intothe School <strong>of</strong> Education’s teachingprogram.After FIRE intervened on behalf <strong>of</strong> theUniversity <strong>of</strong> West Georgia newspaperby writing to the university, the school’sfinance committee restored and evenincreased the funding allocated to thenewspaper.The litigation in the Young Americansfor Liberty case was coordinated inpart by FIRE. With the help <strong>of</strong> FIRE, students andtheir peers at Texas Tech had theirFirst Amendment rights vindicated infederal court.9The College <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong>©The <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> / FIRE


BFirst Amendment Court CasesFreedoms <strong>of</strong> Religion and AssociationLouisiana State University: Threat to Muslim Group’s Freedom <strong>of</strong> AssociationUniversity <strong>of</strong> Wisconsin at Eau Claire: Ban on RAs’ Leading Bible StudiesPrinceton University: Refusal to Recognize Religious GroupIndian River Community College: Ban on ‘The Passion <strong>of</strong> the Christ’ and Repression <strong>of</strong> FreeSpeechBrown University: Wrongful Suspension <strong>of</strong> Religious Student GroupFreedoms <strong>of</strong> Speech and PressBinghamton University: Student Suspended for Posters Criticizing Department <strong>of</strong> Social Work andGovernment AgencyIndiana University - Purdue University Indianapolis: Student Employee Found Guilty <strong>of</strong> ‘RacialHarassment’ for Reading a BookMissouri State University: Investigation <strong>of</strong> Student Paper for Editorial CartoonSaint Augustine’s College: Student Prohibited from Walking at Graduation Due to Facebook PostColorado College: Students Found Guilty for Satirical FlyerSan Francisco State University: Students Investigated for Stepping on FlagsFreedoms <strong>of</strong> Assembly and PetitionCatholic University <strong>of</strong> America: Rejection <strong>of</strong> Campus NAACP ChapterUniversity <strong>of</strong> North Carolina at Greensboro: Punishment <strong>of</strong> Free Speech ProtestorsValdosta State University: Student Expelled for Peacefully Protesting Parking GaragesHampton University: Gay and Lesbian Student Group Denied Recognition Without ExplanationDePaul University: Censorship <strong>of</strong> Student Group Protesting Ward ChurchillFor links to information on these cases, visit www.collegebill<strong>of</strong>rights.organd click on the Lesson Plan tab.©The <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> <strong>Institute</strong> / FIRE The College <strong>Bill</strong> <strong>of</strong> <strong>Rights</strong> 10

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