Kidz Bill of Rights Teachers Packet by Kidz Era

Teacher Resources 1

Welcome to the Kidz Bill of Rights Project

In September 2010, KidzEra youth magazine and website launched the revolutionary Kidz Bill of Rights Project. The Kidz Bill of Rights helps kids figure out what rights are, what their rights are, and empowers them to collaborate with their peers worldwide to vote on what their rights should be!

KidzBillOfRights.com contains four main sections: Ask-An-Expert Experts in juvenile law answer kids’ questions about their rights, current and historical, and about rights, the Bill of Rights and law in general. Answers address the concepts of rights, responsibilities and privileges and use kid-friendly language. Kids are invited to submit their questions and read through the answers of previously asked questions. Share Your Story This section explores rights through continually updated current news stories, videos and coverage on court cases relevant to kids. Discussion forums and critical-thinking questions invite kids to apply what they have learned about rights and responsibilities to these contemporary events and real-life situations. Kids’ stories and research articles are posted here as well, to enable kids to learn from their peers. Vote Kids are invited to create their own Bill of Rights by adding rights, voting on rights and engaging in discussions about the responsibilities that might come with an added right— the same process used by the Founding Fathers of America in establishing our democracy. Engaging with this process stimulates critical thinking about how the world is shaped by democratic values and the important role of the people in a democratic government. Teachers The Teachers section of the Kidz Bill of Rights contains mini-lessons, activities, vocabulary and materials specifically designed for easy integration of the Kidz Bill of Rights Project into a civics, government, history, social studies or language arts curriculum. A Teachers’ Rights section also provides information on current news and cases about teachers’ rights. The Kidz Bill of Rights project is designed to meet the current standards of Civics and Government, History, the English Language Arts and Technological Literacy.

Creating a Generation of Engaged Citizens Based on research indicating that effective learning takes place through the exploration of authentic material, the Kidz Bill of Rights Project celebrates a new era in education. Harnessing the multimedia power of the Internet to create a crossdisciplinary learning forum, the Kidz Bill of Rights Project strategically engages learners in ways that are relevant to their technocentric, socially networked world. This project will leave students better equipped with the skills needed to be creative, conscientious citizens and able to successfully engage with the fundamental political structures and processes of this country throughout their lives.

About KidzEra was founded in 1995 to give the creative voice in kid’s entertainment to kids, empowering and educating students in the process. Visit KidzEra on the web at www.KidzEra.com.

Table of Contents The Bill of Rights in Kid-Friendly Language

Sample Lesson 1: The First Amendment

Sample Lesson 2: The Second-10th Amendments

Kidz Bill Of Rights Worksheet

Creative Applications: Creative Fiction

Creative Applications: Creative Non-Fiction

Reading List

Vocabulary List

Teachersâ&#x20AC;&#x2122; Rights

Additional Resources

The Kidz Bill of Rights Project is designed to promote literacy while getting students engaged in civics and critical thinking. Additionally, lessons and materials are designed to meet the NCTE/IRA standards for the English Language Arts, the NSCG Civics and Government standards, the NCHS History standards and the ITEA Standards for Technological Literacy in a variety of combinations.

(in Kid-Friendly Language) 1st - Freedom of Speech, Religion, Press, Demonstration & Petition

• You have the right to practice any religion, or not practice a religion at all  • You have the right to start or establish your own religion  • You have the right to say or publish (like in a newspaper, book, website or blog) what you want; however, our courts have narrowed this right to protect us from pornography, slander (spoken word that damages the reputation of a person through false information) and defamation (written • You have the right to meet and demonstrate peacefully to ask the government to change something word that damages someone’s reputation through false information)  • You have the right to petition the government to change something  • You have the right to file court cases to correct wrongs

2nd - Right to Bear Arms

• You have the right to a good military to protect our states  • You have the right to have and carry weapons to defend yourself; however, states have the right to limit this to protect their citizens

3rd - Quartering of Soldiers

• You do not have to have a soldier in your home without your permission, unless there is a war and Congress has passed a law about it

4th - Search and Seizure

• You can be arrested, and your body, house, papers and things can be searched, only if it can be proved to a judge that there is a good reason to believe you have committed a crime  • A warrant must describe in detail the person to be arrested, the place to be searched, and the things to be taken, and they must be related to the crime

5th - Indictment, Double Jeopardy, Due Process & Compensation

• A Grand Jury must meet and decide if there is enough evidence for a trial before you are tried for murder or other capital crimes (unless it is war time and you are in the military)  • You cannot be tried two times for the same crime (double jeopardy)  • You have the right to remain silent and to not say anything at your trial (“I plead the Fifth!”)  • You cannot be killed, put in jail, fined or have your property taken from you without being convicted through due process of law  • The government cannot take your house, farm or private property without paying you its value (eminent domain)

6th - Trial, Jury, Charges & Counsel

• After you are arrested, the government cannot keep you in jail without setting a date for trial (speedy trial)  • Your trial must be open to the public  • Your jury must be made up of fair and unbiased people from the area and state where the crime was committed  • You have the right to know what you are being accused of, to see and hear the witnesses against you, to have the court help you subpoena (get) witnesses to testify for you, and to have a lawyer defend you

7th - Trial by Jury in Civil Cases

• You have the right to a jury trial in a case brought between you and another person(s) if the lawsuit is for more than $20  • You cannot retry facts determined by a jury

8th - Bail, Fines, Cruel and Unusual Punishment

• You have the right not to be ordered by the court to pay excessive money (bail) to be released from jail pending trial (the amount must be based on the crime charged)  • You have the right not to be ordered by the court to pay excessive fines  • Even if you are convicted of a crime, the government cannot order cruel or unusual punishments (like torture)

9th - Construction of the Constitution

• The rights in the Constitution do not deny or change other rights you have

10th - Powers of the States and People

• If the Constitution has not granted the power to Congress, the power is ruled by the states or the people 4

Lesson Plan 1: The First Amendment First Amendment Lesson Plan for Grades 5-8 Written by: Bonnie Bisher, EC-6, ESL certified instructor, Texas Instructional Objective: Students will learn the liberties and freedoms protected by the First Amendment and apply them to current, historic and/or literary situations. Suggested Time: 1-2 Class Periods Materials: -Overhead of the First Amendment: http://www.archives.gov/exhibits/charters/print_friendly.html?page=bill_ of_rights_transcript_content.html&title=The%20Bill%20of%20 Rights%3A%20A%20Transcription -Video camera -Internet access Focus Activity: Have the students discuss rights versus responsibilities. Make a list on the board of student responses. Guide the students to recognize that rights come with responsibilities. For instance, Americans have the right to speak freely. However, you are not permitted to yell “fire” in a crowded restaurant….why not? Would someone else’s rights be violated if we were to do that? Visit http://KidzEra.com/Topics/KidzBillOfRights/AskAnExpert for a definition of rights, privileges and responsibilities. Explain to the students that the Framers of the Constitution felt that it was the responsibility of the government to protect the rights of the people. The men who wrote the Bill of Rights tried to state their thoughts as clearly as possible, however people do not always agree on the meaning. In addition, one person’s rights can conflict with another person’s rights. Guided Practice: 1. Display the overhead of the First Amendment. Have the class state in their own words what rights the First Amendment protects. 2. Have the students discuss the hypothetical case study and decide if any rights protected by the First Amendment are being violated. Hypothetical Case Study: Jack is in the military. He is told that next week his unit will be looking for enemy combatants in Xanadu. He calls his mom, a reporter for a newspaper and tells her that next week they will be looking for enemy combatants in Xanadu. She writes an article about her son’s unit going to Xanadu and it gets published nationwide. A sympathizer of the enemy combatants reads the article and informs them that they should find a new place to hang out before next week. The enemy combatants pack up all their weapons and move. Jack gets involuntarily dismissed (fired) from the military because he disclosed classified (secret) information. Q: Have any First Amendment rights been violated? How? A: No, Jack’s right to free speech has not been violated and neither has his mother’s. Q: Have any other rights been violated? Which ones? A: Yes, although not specifically stated in the Bill of Rights, the Supreme Court has ruled that the public has the reasonable expectation that its values (in this case public safety) should not be compromised by an

unlimited right to free speech. The Bill of Rights PROTECTS free speech it doesn’t guarantee UNLIMITED speech. Freedom of speech can be limited when there are issues of national security, personal safety or if it would compromise the ability to conduct a fair trial. Also speech that is intentionally misleading or unjustly damaging may be limited. Q: Do you agree or disagree that free speech should be limited when it conflicts with other values? 3. Use http://KidzEra.com/Topics/KidzBillOfRights/AskAnExpert/ LandmarkCases/FirstAmendmentCases and have students read through actual Supreme Court Cases as related to the First Amendment, cast their vote, and see how the court voted. Discuss differences of rulings and ask students to support their examples with language from the First Amendment. 4. Go to http://www.KidzEra.com/Topics/ KidzBillOfRights/ShareYourStory to have students discuss current news stories related to kids and the First Amendment, and share their own stories. Independent Practice: Divide the class into groups. Assign each group a right that is protected by the First Amendment (freedom from having Congress legislate religion, freedom to practice your religion, freedom to speak your mind, freedom to publish your ideas, freedom to meet peacefully to ask the government to change something). Have each group identify a current, historic and/or literary situation where a First Amendment right has been violated. Have the groups prepare a skit that illustrates the violation of a First Amendment right and video tape the performance. Have the class watch the skits and determine which First Amendment right was violated. Assessment: Have the class vote for the best video and submit the entry to KidzEra for possible publication on the website.

Send video submissions to: Kidz Bill of Rights PO Box 20250 Boulder, CO 80308

National Standards Addressed: Social Sciences: NSS-C.5-8.1 (Civics) Civic Life, Politics and Government  NSS-C.5-8.2 Foundations of the Political System  NSS-C.5-8.3 Principles of Democracy  NSS-C.5-8.5 Roles of the Citizen History:  NSS-USH.5-12.3 ERA 3: Revolution and the New Nation (1754-1820’s) Language Arts:  NL-ENG.K-12.1 Reading for Perspective  NL-ENG.K-12.2 Understanding the Human Experience  NL-ENG.K-12.3 Evaluation Strategies  NL-ENG.K-12.4 Communication Skills  NL-ENG.K-12.6 Applying Knowledge  NL-ENG.K-12.7 Evaluating Data  NL-ENG.K-12.8 Developing Research Skills  NL-ENG.K-12.11 Participating In Society  NL-ENG.K-12.12 Applying Language Skills Technology:  NT.K-12.1 Basic Operations and Concepts  NT.K-12.2 Social, Ethical and Human Issues  NT.K-12.3 Technology Productivity Tools  NT.K-12.4 Technology Communication Tools  NT.K-12.5 Technology Research Tools

Here are some sample cases that explore the application What do you think is the difference between hate speech and fighting of First Amendment Rights with real kids. More cases can words? Are they the same or different? Why? Why do you think the Court avoided deciding whether or not cross burning be found online at www.KidzBillofRights.com! First Amendment Cases The First Amendment guarantees freedom of speech, including both insulting and offensive speech (in other words, the Constitution protects your right to swear even though it’s not nice). But what if you had to decide to protect either an individual’s right to free speech or the interests of a minority group who is entitled to equal rights and protection under the law?

Case 1: The Right to Hate? If You Don’t Have Anything Nice to Say, Should You Be Able to Say It Anyway? The Case: R.A.V. v. City of St. Paul, 1977 The Story: A 14-year-old white boy burned a cross on the front lawn of the only black family in a St. Paul, Minnesota neighborhood. (Burning a cross is a hateful symbol used by the Ku Klux Klan to intimidate African Americans.) The boy was brought to court under a Minnesota criminal law that made it illegal to display a burning cross, swastika or other symbol that might make another group angry, alarmed or resentful because of the hateful meaning of the symbol in regards to race, color, beliefs, religion or gender. How would you rule? Hint: Was the Minnesota law right (constitutional) or wrong (unconstitutional) in prohibiting cross burning as hate speech? Voting Options: a) The Minnesota law is RIGHT (constitutional) because hate speech is not protected. b) The Minnesota law is WRONG (unconstitutional) because it violates the First Amendment by punishing freedom of expression, no matter how hateful. The Ruling: The US Supreme Court ruled that the Minnesota law preventing hateful speech was wrong (unconstitutional) because it violated the youth’s First Amendment freedom of expression. The Court said the law punished him for his thoughts, not for his actions. The Court only ruled on the constitutionality of the Minnesota statute and did not address whether the act of burning the cross was legal or illegal. Consider the Ruling: Of course hate speech should be discouraged, but in our democracy we also have a duty to defend expression even if you may strongly object to what is being expressed. Although the Court decided not to limit speech in this case, in other cases, the justices have decided that “fighting words” are not protected. Fighting words are speech that provokes a reasonable person to react violently. More Information: Some people, often called Libertarians, believe free speech is an absolute right and that government should not be able to limit that right. On the other side, Communitarians believe that the community’s well-being is society’s most important goal and that an individual’s right to free speech may be limited in the interest of community harmony. Some Things to Ponder: Why did you vote the way you did? Why might people disagree with you? Would you identify more with the Libertarians-who want total free speech with no exceptions-or would you agree more with the Communitarianswho think that there are certain circumstances that speech should be limited? Or do you have a totally different opinion? 6

is legal or illegal? Why did they try to make their decision more general? Source: R.A.V. v. City of St. Paul, 505 U.S. 377 (1992)

Case 2: Peace through Fashion Being a kid means that some rights apply differently to you because you are still in the care of adults. Adults in a kid’s life, such as parents, teachers, school officials and coaches, can make decisions for them. Knowing this, should schools be allowed to make decisions that limit students’ right to free speech? The Case: Tinker v. Des Moines Independent Community School District, 1969 The Story: John Tinker, age 15, his sister, Mary Beth, age 13, and their friend Christopher Eckhardt, age 16, decided to wear black armbands with peace symbols on them to school to protest the Vietnam War. The school board heard a rumor about what they were planning and passed a policy forbidding wearing arm bands to school. John, Mary Beth and Christopher wore their armbands anyway and were immediately suspended for the week of their protest. The District Court decided the armband regulation was within the school’s power. The case was then sent to the Supreme Court. How would you rule? Hint: Is it RIGHT (constitutional) or WRONG (unconstitutional) for a school to limit students’ First Amendment rights? Voting Options: a) It is RIGHT (constitutional) for a school to limit students’ free speech because free speech in schools can be disruptive to learning and to other students and teachers. b) It is WRONG (unconstitutional) for a school to limit students’ free speech rights because students should be allowed to express their beliefs in a peaceful, respectful manner, just like adults can. The Ruling: The US Supreme Court decided that the First Amendment protects students’ constitutional rights to free speech as long as there is “no substantial interference with school discipline or the rights of others.” The Court decided that the armbands were a peaceful statement that caused no disruption, and that the school’s regulation was meant only to censor (silence) unpopular speech. Since censuring speech is unconstitutional, the US Supreme Court reminded the school board that “...students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Consider the Ruling: Courts all over America still use the “Tinker Test” today to determine whether a students’ First Amendment rights have been violated by the school. Some Things to Ponder: Why did you vote the way you did? Why might people disagree with you? The Supreme Court said that schools CAN limit students’ speech ONLY IF students’ actions create a substantial interference with school discipline or with the rights of others. Knowing that rule, what kinds of speech do you think a school would be ALLOWED to limit? What kinds of speech do YOU think a school SHOULD limit? Hint: what kind of speech disrupts your classroom? Are there ideas or thoughts you think people shouldn’t be allowed to express? If you were running a school, what kinds of speech would you allow or disallow? Why?

Do you think your speech has ever been limited in school? Why do you think it was limited? Do you think it was right or wrong for your speech to be limited?

Some Things to Ponder:

Source: Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)

Should everyone have access to political ideas or social perspectives even if they disagree with those ideas? What kind of books, if any, do you think a school should not allow?

Case 3: Banning Books: Right or Wrong? Is a school allowed to remove books they think are inappropriate from library shelves? Or is reading whatever you want a right protected by the First Amendment? The Case: Board of Education v. Pico, 1982 The Story: The local Board of Education removed certain books from the school libraries of Island Trees High School and Island Trees Memorial Junior High School in New York because they thought the books were “anti-American, anti-Christian, anti-Semitic and just plain filthy.” The school concluded that, “It is our duty, our moral obligation, to protect the children in our schools from this moral danger, as well as from physical and medical dangers.” How would you rule? Hint: Is the right to choose what you read protected by the First Amendment? Or should schools be able to limit selection to protect their students? Voting Options: a) It is RIGHT (constitutional) for schools to remove books from school libraries because schools must protect all students from moral dangers.

Why did you vote the way you did? Why might people disagree with you?

This is the American Library Association’s list of the top 10 Most Banned Books of the last decade. Have you read any of these books? Do you think they should be banned? Why do you think they were banned? 1. Harry Potter (series) by J.K. Rowling 2. Alice (series) by Phyllis Reynolds Naylor 3. The Chocolate War by Robert Cormier 4. And Tango Makes Three by Justin Richardson/Peter Parnell 5. Of Mice and Men by John Steinbeck 6. I Know Why the Caged Bird Sings by Maya Angelou 7. Scary Stories to Tell in the Dark (series) by Alvin Schwartz 8. His Dark Materials (series) by Philip Pullman 9. TTYL; TTFN; L8R, G8R (series) by Lauren Myracle 10. The Perks of Being a Wallflower by Stephen Chbosky Why did you vote the way you did? Why might people disagree with you? Source: Board of Education v. Pico, 457 U.S. 853 (1982)

b) It is RIGHT (constitutional) for schools to remove books from school libraries ONLY IF removal of the books does not discriminate against specific ideas. c) It is WRONG (unconstitutional) for schools to remove books from school libraries because it is a violation of students’ free speech rights. The Ruling: The US Supreme Court decided that a school’s absolute authority to control information does not apply outside of the classroom. Furthermore, in libraries, reading material is optional, not required and schools should have as wide a range of books as possible. In other words, school boards may not remove books from school libraries simply because they don’t like the ideas expressed in those books.

Lesson Plan 2: Amendments 2-10 Bill of Rights Lesson Plan for Grades 5-8 Written by: Bonnie Bisher, EC-6, ESL certified instructor, Texas Instructional Objective: Students will learn the liberties and freedoms protected by the Second through 10th Amendments and how they are relevant today. Suggested Time: 1-2 Class Periods Materials: -Overhead of the Bill of Rights: http://www.archives.gov/exhibits/charters/print_friendly.html?page=bill_ of_rights_transcript_content.html&title=The%20Bill%20of%20 Rights%3A%20A%20Transcription -A copy of the Bill of Rights for each student -Poster Board (one for each group) OR microphone, computer and Internet access Focus Activity: Discuss with the class how rights differ from privileges. Have the class create a definition of rights and privileges. Visit http://www.KidzEra.com/Topics/KidzBillofRights/AskAnExpert for a definition of rights, privileges and responsibilities. Ask the students why they believe the Framers of the Constitution felt that it was important to include a list of rights (because they were establishing a strong government they felt it was important to protect the rights of the individual). Visit http://www.KidzEra.com/Topics/KidzBillofRights/AskAnExpert for a short history of the Constitution and the Bill of Rights. Guided Practice: Display the overhead of the Bill of Rights. Have the class state in their own words what rights each Amendment protects. Create a T-chart on the board and have the students brainstorm for examples of how each of the protected rights affects their lives today and why it was important in 1791. Visit http://www.KidzEra.com/Topics/KidzBillofRights/AskAnExpert for more information on the history and importance of each right.

government has mandated that every homeowner within 15 miles of a military base house and feed one soldier.” “Tom, can the government do that?” “No, Ann according to the Third Amendment, our government cannot force its citizens to house or feed a soldier against their will.” “Well, I suppose there will be some legal challenges to this coming very soon.” Assessment: Have the class vote for the best poster and/or podcast and submit the entry to www.KidzEra.com for possible publication on the website. Closure: Discuss whether the Bill of Rights applies equally to people who are in schools, prisons or the military. Look at the Kidz Bill of Rights website and ask that students prepare five rights they think they should have and then submit them to the project, participating in creating the Kidz Bill of Rights. http://www.KidzEra.com/Topics/KidzBillofRights/Vote National Standards Addressed: Social Sciences: NSS-C.5-8.1 (Civics) Civic Life, Politics and Government  NSS-C.5-8.2 Foundations of the Political System  NSS-C.5-8.3 Principles of Democracy  NSS-C.5-8.5 Roles of the Citizen History:  NSS-USH.5-12.3 ERA 3: Revolution and the New Nation (1754-1820’s) Language Arts:  NL-ENG.K-12.1 Reading for Perspective  NL-ENG.K-12.2 Understanding the Human Experience  NL-ENG.K-12.3 Evaluation Strategies  NL-ENG.K-12.4 Communication Skills  NL-ENG.K-12.6 Applying Knowledge  NL-ENG.K-12.7 Evaluating Data  NL-ENG.K-12.8 Developing Research Skills  NL-ENG.K-12.11 Participating In Society  NL-ENG.K-12.12 Applying Language Skills Technology:  NT.K-12.1 Basic Operations and Concepts  NT.K-12.2 Social, Ethical and Human Issues  NT.K-12.3 Technology Productivity Tools  NT.K-12.4 Technology Communication Tools  NT.K-12.5 Technology Research Tools

Give each student a copy of the Bill of Rights. Use http://KidzEra.com/Topics/KidzBillOfRights/AskAnExpert/LandmarkCases and have students read through actual Supreme Court Cases as related to the Amendments, cast their vote, and see how the court voted. Independent Practice: Divide the class into seven groups. Assign each group one of the Second through 10th Amendments. Have the students create a poster that illustrates the right that their assigned amendment protects in the modern day and includes their own definition of the right. - OR Have the students create a MP3 podcast (http://www.tomshardware.com/ reviews/recording-producing-podcast,1106.html) in the style of a news report that includes the definition of the assigned Amendment and a creative situation that illustrates how it protects the rights of an individual. For example, “Today in the news....in an effort to reduce the budget, the 8

Send posters & podcasts to: Kidz Bill of Rights PO Box 20250 Boulder, CO 80308

Enter rights @ KidzBillOfRights.com

Here are some sample cases that deal with the application This decision is referred to as the Standard Model, where judges rule in of the rights of several different Amendments to kids. More the favor of an individual’s right to own and keep weapons. The Ruling, Case 1b: After hearing Mr Buzzard’s appeals, the Arkansas can be found online at www.KidzBillofRights.com! Second Amendment Cases The Second Amendment, which guarantees our right to keep and bear arms (own and carry weapons, but primarily refers to guns), is a hotly debated issue. Should every individual be able to have guns or did the Founding Fathers mean only the militia and military members should bear arms?

Case 1: The Right To Bear Arms Case 1a: A Hidden Weapon The Case: Bliss v. Commonwealth, 1822 The Story: Kentucky had passed a law declaring that no-one could carry a concealed (hidden) weapon unless they were traveling on a journey. This law specifically applied to small knives, pistols, and swords hidden inside canes. In 1822, Mr. Bliss was caught carrying a sword concealed in a cane, and he wasn’t on a journey! The court fined him $100, which would be about $1,700 today. Mr. Bliss appealed to the Kentucky Supreme Court, declaring that his right to bear arms was being violated. Case 1b: Should Everyone Be Able to Carry a Weapon? The Case: State v. Buzzard, 1842 The Story: Twenty years after the Bliss v. Commonwealth case, an Arkansas High Court heard the case of Mr. Buzzard, who had also been found guilty of carrying a concealed weapon illegally (he wasn’t on a journey either!) How would you rule? Hint: How would YOU interpret the language of the Second Amendment? Consider these case and the Bliss v. Commonwealth case, and recall the Second Amendment: “A wellregulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Also, keep in mind the definition of militia versus military: Militia: A force composed of average citizens that is not assembled in a time of peace, but is able to assemble quickly if necessary. A militia protects and defends its community against threats, especially threats against the rights of a community’s people. A militia also is critical in defending a community against threats posed by the government itself. It was the US Militia that fought the British Military during the American Civil War. Military: An official organization authorized by a country’s government to use force and carry weapons to defend its country. Most countries keep a military assembled at all times. Voting Options: a) It is RIGHT (constitutional) to ban weapons because the right to carry weapons under the Second Amendment only applies to state-regulated militias and the military. b) It is WRONG (unconstitutional) to ban weapons because an individual has the right to carry weapons under the Second Amendment. The Ruling, Case 1a: The Kentucky Supreme Court agreed with Mr. Bliss, and decided the right to bear arms is an absolute and “unqualified individual right,” and that Kentucky’s state law banning weapons was wrong (unconstitutional).

High Court decided that the Second Amendment applied the right to bear arms to militias but not generally to individuals. This meant that each individual State would have the right to decide if people should be able to own and keep their own, private weapons. Through this interpretation, the Court was able to uphold the prohibition on concealed weapons and deny Mr. Buzzard’s appeal. The decision in this case is called the Traditional Interpretation and holds that the right to bear arms only applies to state-regulated militias. Some Things to Ponder: Why did you vote the way you did? Why might people disagree with you? Keep your thoughts in mind as you read the next cases, and how the right for individuals to bear arms is called into question in a few more recent situations. Source: Bliss v. Commonwealth, 1822 & State v. Buzzard, 1842

Case 2: Guns at School? The Case: State v. Woodham, 1998 The Story: In October 1997, 16-year-old Luke Woodham murdered his mother so that he could take her gun and her car to his school, Pearl High School in Pearl, Mississippi. Once at school, he fatally shot his exgirlfriend and a friend who was with her. As he made his way back to his car, Luke shot and wounded seven other schoolmates. His intent was to drive to the nearby junior high school and begin shooting there. However, the assistant principal, Joel Myrick, heard the initial shots and ran for his own gun, which he kept in the glove box of his truck. As Luke attempted to leave the high school in his car, he found the gun of Assistant Principal Myrick pointed at his own head, and Luke surrendered. Luke was found guilty of murdering his mother and of the killing and wounding of his classmates in two separate trials. He was sentenced to 320 years in prison, but will be eligible for parole in 2065. Since this incident, many people have pondered the role of guns in this shooting and in America in general. A gun began the shooting, but a gun also ended the shooting, peacefully, and potentially saved lives. Before we go on to the ruling, think about these two questions: 1) Firearms aren’t allowed on school campuses in America. Assistant Principal Myrick had to go all the way out to his truck to get his gun to stop Luke from hurting anyone else. It took a lot of time and potentially allowed Luke to keep shooting for as long as he did. Should the laws be changed so faculty are allowed to have guns at school? Why or why not? What if a kid got a hold of a teacher’s gun at school? 2) In 1999, two years after the incident at Pearl High School, two students of Columbine High School in Littleton, Colorado, shot and killed 12 students, one teacher, and wounded 23 other students. Their rampage lasted an hour and ended when they shot themselves. Authorities were unable to enter the school for close to two hours after the shooting began. What if teachers and the principal had been armed at Columbine? Do you think the outcome would have been different? How? How would you rule? Hint: Who should be allowed to carry guns? Where is it all right to have guns? Consider the Woodham case and the Columbine incident. 9

Voting Options: a) It is RIGHT (constitutional) for all individuals to carry guns, in and out of school. If the adults at school had access to guns, they could have prevented these school shootings. b) It is RIGHT (constitutional) for all individuals to carry guns, BUT not in schools or public places. If adults carried guns in schools, it could lead to even more violence. c) It is WRONG (unconstitutional) for individuals to carry guns. The Second Amendment applies only to state-regulated militia (groups); if nobody had guns, these school shootings would have been prevented completely. The Ruling: This question has not been answered yet. It is still illegal for anyone to have a gun on school property. Some Things to Ponder: Why did you vote the way you did? Why might people disagree with you? If guns were illegal, would people still have them? If they were illegal, would it be more difficult to make sure the people who did have guns used them for good things? Other than stopping violence, what is carrying a gun good for? Why would people want to carry guns? Additional discussion topics: 1) Research federal and your state’s gun laws and how they pertain to kids. Do you agree or disagree with the laws? What laws would YOU create for kids and guns, or guns and weapons in general? 2) Read Stephen Holbrook’s article Where Kids and Guns Do Mix and compare America’s attitude towards firearms with Switzerland’s. Note that Switzerland influenced America’s Second Amendment but has had few problems, if any, with gun-related violence in schools. Discuss the similarities and differences between the two countries’ approach to gun control, and give special consideration to why the outcomes of each society seem very different. Why do you suppose that is? How would you change our current gun laws to create a better society? 3) Some of the kids who perpetrate school shootings mention being bullied as a reason for their violent and lethal actions. What are some better ways of dealing with bullies than attempting to kill them? Hint: learn about Restorative Justice on www.KidzBillofRights.com. Source: State v. Woodham, 1998 Source: en.wikipedia.org/wiki/Columbine_High_School_massacre

Where Kids and Guns Do Mix Holbrook, Stephen P., Ph.D., JD, “Where Kids and Guns Do Mix”, Wall Street Journal, June 10,1999

It’s a commonplace idea that the US is far more violent than Western Europe because Americans have easy access to guns. It’s also false. To see why, visit Switzerland. Traveling around by car or train, you see shooting ranges everywhere. If there’s a Schuetzenfest (shooting festival) in town, you’ll find rifles slung on hat racks in restaurants, and you’ll see men and women of all ages walking, biking and taking the tram with rifles over their shoulders, to and from the range. They stroll right past the police station and no one bats an eye. Switzerland has more firepower per person than any other country in the world, yet it is one of the safest places to be. The Swiss Federal Police Office reports that in 1997, there were 87 intentional homicides and 102 attempted homicides in the entire country. Of these 189 murders and attempts, 91 involved firearms. With its population of seven million (including 1.2 million foreigners), Switzerland had a homicide rate of 1.2 per 100,000. There were 2,498 robberies and attempted robberies, of which 546 involved firearms, resulting in a robbery rate of 36 per 100,000. Almost half of these crimes were committed by non-resident foreigners, whom locals call “criminal tourists.” In 1993, not a single armed robbery was reported in Geneva. By contrast, Britain, which has strict gun control laws, had a homicide rate in 1994 of 1.4 per 100,000 population, and a robbery rate of 116 per 100,000.

which stated that, because of Swiss shooting skills, Switzerland would be difficult to conquer and pacify. European countries occupied by the Nazis had strict gun controls before the war, and the registration lists facilitated confiscation of firearms. Traditionally, the Swiss cantons have had few firearm regulations, and the first federal firearms law was recently enacted. Certain firearm purchases require a permit, but others do not. On retirement, every soldier may keep his rifle or pistol. And any Swiss citizen can purchase surplus military assault rifles. Why is well-armed Switzerland so free from crime? The bottom line is one of attitude. Populations with a strong sense of civic virtue do not experience sensational massacres or high crime rates. To the contrary, armed citizens deter crime. America’s lawful “gun culture” is as peaceful as the Swiss. Sadly, some of America’s sub-cultures are not.

In the wake of the Littleton, Colorado school massacre, Congress is rushing to pass new gun-control measures; the House next week will take up proposed legislation that has already passed the Senate. But there have been no school massacres in Switzerland, where guns and kids mix freely. At shooting matches, bicycles aplenty are parked outside. Inside the firing shelter, competitors pay 12 year olds to keep score. Sixteen year olds shoot rifles with men and women of all ages. A tourist brochure in Zurich recommends September’s Knabenschiessen (boy’s shooting contest): “The oldest Zurich tradition ... consists of a shooting contest at the Albisguetli (range) for 12 to 16 year old boys and girls and a colorful three-day fun-fair.” While many shoot for sport, all males age 20 to 42 are required to keep rifles or pistols at home. Gun shops abound. Yet firearms are rarely used in crime. In America, firearms take on a sinister reputation from the nightly news and violent movies. But in Switzerland, firearms symbolize a wholesome, community activity. And since its founding in 1291, Switzerland has depended on an armed populace for its defense. William Tell used a crossbow not only to shoot the apple from his son’s head, but also to kill the tyrant Gessler. For centuries, the cantonal republic defeated the powerful armies of the European monarchs. “The Swiss are well armed and enjoy great freedom,” Machiavelli wrote in 1532. The Swiss militia model inspired the rebellious American colonists. John Adams praised the democratic Swiss cantons, where every man was entitled to vote on laws and to bear arms. Patrick Henry lauded the Swiss for maintaining their independence without “a mighty and splendid President” or a standing army. The Swiss influence is clear in the Second Amendment to the U.S. Constitution, which provides: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be in-fringed.” There may have been various reasons why the Nazis did not invade Switzerland, but one of those reasons is that every Swiss man had a rifle at home. For this we have no better record than the Nazi invasion plans, 11

Sixth Amendment Cases Putting someone in jail and throwing away the key is illegal because of the Sixth Amendment. The Sixth Amendment says that anyone accused of a crime has the right to have a speedy, public trial judged by a fair (impartial) jury. The Sixth Amendment also ensures that the accused person is aware of what he/she is being accused of and has the ability to confront his/her accusers.

Amendments, as applied to the states by the 14th Amendment, were clearly violated. He had never been formally informed of the charges against him, was not informed of his right to remain silent, had no opportunity to confront his accusers, and was denied his right to an attorney. His conviction was overturned, and for the first time in American history kids gained rights in a courtroom nearly equal to the rights of adults.

The ruling in the famous Miranda v. Arizona case of the mid-1960s added the Miranda Warning to the protections of the Sixth Amendment. Police must inform everyone they arrest of their Miranda Rights, which includes the right to remain silent, the right to talk to a lawyer before questioning and the right to have a lawyer with them during any questioning. This prevents police from abusing people they arrest or forcing confessions.

Some things to Ponder:

In summary, the Sixth Amendment and the Miranda warning protect people from getting mistreated by the justice system (police, prosecutors, courts, jails,etc.). Historically, however, the Sixth Amendment’s Miranda Warning rights have not always applied to kids! Check out this cases and other cases online to learn how they have become applied to kids in the last 50 years. Sixth with the 14th Amendment Did you know that the Bill of Rights used to ONLY apply to the national government? The way the original Constitution was written, your rights were only protected from violations by the FEDERAL government. States could violate rights and that was alright. It was the 14th Amendment that made the Bill or Rights apply to actions of the states as well. The 14th Amendment forced states to protect the rights of the accused.

Why did you vote the way you did? Why might people disagree with you? Did you know that before Gerald’s case, judges, acting on behalf of the State, were given Parens Patriae rights? Parens Patriae is Latin for “parent of the nation”. It meant the juvenile court system was supposed to act in the place of parents by protecting the life, liberty and property interests of the kids in the system. In exchange for not getting the same rights in the justice system as adults, kids could expect more lenient treatment in return. Why do you think it made sense to the Founders to create a different system for kids, separate from adults? a) Do you think kids should have a different system from adults? Should they be protected by the same rules that protect adults? Why? b) If you were to re-design a separate system for kids, what would you include to make sure what happened to Gerald doesn’t happen again? Source: In Re Gault, 387 U.S. 1 (1967)

Case 1: This Prank Call was No Joke! The Case: In re Gault, 1967 The Story: In 1964, 15-year-old Gerald Gault was arrested for making an obscene phone call and taken into police custody. The authorities didn’t tell his parents and Gerald was held in jail for several days without explanation, not charged with a crime, and not given a lawyer. At Gerald’s hearing one week later, evidence was presented without being checked out first and the single judge (not a jury) sentenced Gerald to juvenile prison until his 21st birthday. As it turns out, the obscene phone call was actually made by his friend Ronald Lewis! Because Gerald was not allowed to face his accusers, bring his own witnesses, or have an attorney, Gerald’s side of the story was never heard. Talk about being put in jail and throwing away the key! How would you rule? Hint: Was it RIGHT (constitutional) for the judge to sentence Gerald, ignoring his Fifth and Sixth Amendment rights as applied to the States through the 14th Amendment, just because he was a kid? Voting Options: a) It is RIGHT (constitutional) for a judge to ignore a kid’s Sixth Amendment rights because kids don’t have the same rights as adults. b) It is WRONG (unconstitutional) for a judge to sentence a juvenile without giving him the due process rights guaranteed in the Fifth and Sixth Amendments as applied to the states through the 14th Amendment. The Ruling: Three years after Gerald was sent to juvenile prison, the US Supreme Court ruled the juvenile justice system had failed to protect the rights of the kids or even to hold a standard of “fundamental fairness.” They decided that Gerald’s due process rights under the Fifth and Sixth 12

HA!

Eighth Amendment The Eighth Amendment guarantees no one will suffer cruel and unusual punishment at the hands of the government no matter what crime a person committed. The death penalty is often debated because some people are concerned that it is cruel and unusual for the government to put someone to death as punishment for a crime. The US Supreme Court has created special procedures to make sure the process is fair for criminals who are sentenced to death. The Eighth Amendment also guarantees that courts cannot set excessively high fines be paid for crimes nor excessively high bail (the amount of money needed to get out of jail). History of Juveniles Sentenced to the Death Penalty An estimated 364 juveniles (kids under 18 years old) have been executed (sentenced to death) in the United States. The first known case was 16year-old Thomas Graunger who was hanged in 1642 in Massachusetts for crimes against animals. The youngest person to be executed, during the 1900s, was George Stinney, who was sentenced to the electric chair in 1944 in South Carolina at age 14.

judges could adapt to the â&#x20AC;&#x153;evolving standards of decency that mark the progress of society.â&#x20AC;? The Court ruled that it is uncivilized to execute a person who was less than 16 years old at the time of his or her offense. The Court said that inexperience, less education, and less intelligence makes teenagers less able to evaluate the consequences of their actions. They also said that teenagers are more likely to be motivated by emotion or peer pressure than adults. Therefore, standards of civilization mean that juveniles under the age of 16 must be exempt of the death penalty. Some Things to Ponder: Why did you vote the way you did? Why might people disagree with you? Does it seem fair to you that the Court picked 16 as the minimum age to execute juveniles? Do you agree that a 15 year old does not have the mental capacity to think as an adult but a 16 year old does? Source: Thompson v. Oklahoma, 487 U.S. 815 (1988)

Since 1976, 22 juveniles have been executed for crimes. Because the process of court appeals in the US takes a long time, it is very unusual for a condemned person to be under the age of 18 when they are executed. The only other countries besides the United States that have allowed the death penalty for kids after 1990 are Iran, Pakistan, Yemen and Saudi Arabia. The last juvenile execution in the United States was Scott Allen Hain, who murdered two people when he was 17 years old. He was executed in Oklahoma by lethal injection on April 3, 2003. Please note that some of this information might be distressing for children.

Case 1: Too Young To Die? The Case: Thompson v. Oklahoma, 1988 The Story: William Wayne Thompson, age 15, was charged, along with three older persons, of the brutal murder of his brother-in-law. He was tried in adult court after the juvenile court decided that his crime was too violent for him to qualify for rehabilitation in the juvenile system. He was convicted of first degree murder and sentenced to death. With his execution date quickly approaching, William appealed his case to the US Supreme Court on the grounds that executing a minor was an unconstitutional violation of his Eighth Amendment protection from cruel and unusual punishment. How would you rule? Hint: Would the execution of a juvenile who was 15 years old at the time of his offense violate the Eighth Amendment prohibition against the infliction of cruel and unusual punishment? Think about the rules regarding juvenile cases under the Fifth Amendment. Voting Options: a) It is RIGHT (constitutional) under the Eighth Amendment to execute juveniles who are 15 years old at the time of the crime. b) It is only RIGHT (constitutional) to execute a juvenile if the crime is so terrible it justifies the death penalty. c) It is WRONG (unconstitutional) under the Eighth Amendment to execute juveniles who are 15 years old at the time of the crime. The Ruling: The US Supreme Court pointed out that the drafters of the Eighth Amendment made no attempt to define cruel and unusual punishment. Instead, they left it vague so that future generations of

14th Amendment The 14th Amendment’s Equal Protection Clause requires every state to provide equal protection under the law to every single person. Equal protection under the law means that the legal system (police, courts, jails, etc.) cannot treat people differently because of the color of their skin, or gender or anything else. In 1954, the case of Brown vs. Board of Education used the Equal Protection Clause of the 14th Amendment to begin to make America an equal and free country for all people.

Case 1: Is Separate But Equal Really Equality? The Case: Brown v. Board of Education of Topeka, 1954 The Story: In 1951, 13 black parents sued the Board of Education in Topeka, Kansas for not allowing their black children to attend a school that was much closer to them because it was a white-only elementary school. Many of the black children had to attend schools that were extremely far away from their homes and neighborhoods because they were not allowed to attend the same schools that their white peers (people the same age) and neighbors did. (Separating schools by color is called racial segregation, meaning the students are separated based on the color of their skin.) The Kansas Court sided with the Kansas Board of Education, voting to keep students segregated because that’s the way it had been for 90 years. The judges acknowledged that segregation did have a negative effect on black children, but the court still voted for segregation saying that, “although the schools were separate, they were equal in quality of education—separate but equal.” How would you rule? Hint: Was it RIGHT (constitutional) to make black children go to a different school if the quality of education was equal? Do you think the quality of education was equal if the schools were separated because of racial discrimination? Voting Options: a) It is RIGHT (constitutional) for black children to have to go to a different school than white children. b) It is RIGHT (constitutional) for black children to have to go to a different school than white children, if the quality of the education they receive is equal. c) It is WRONG (unconstitutional) for black children to have to go to a different school than white children. The Ruling: In 1954, the US Supreme Court ruled unanimously (all 9 of them agreed) that even if segregated schools for black and white children were equal in quality of education, segregation itself still violated the 14th Amendment Equal Protection rights of black children. The justices decided that separation negatively affected black children’s ability to learn, and that separation gave black children a sense of inferiority, which undermined their motivation to succeed in school. This was a great victory in the civil rights movement and for children all across America.   Note: You might notice that the Kansas Court heard this case in 1951 and the US Supreme Court didn’t hear it until four years later... The US Supreme Court decided to review the Brown v. Board of Education along with four other cases from all over the country. Instead of deciding on these five cases right away, however, the Supreme Court waited to hear the case until 1953. The justices of the US Supreme Court felt it was important wait to examine the case because several of the justices wanted to overturn 14

segregation with a unanimous ruling. In other words, the court wanted all nine justices to say that segregation is illegal at the same time. They felt that if they did not all agree, it would be impossible to change the minds of the white-American population who held raciest beliefs. Therefore, the court stalled because they needed to convince all the justices to support an anti-segregation ruling. Some Things to Ponder: Why did you vote the way you did? Why might people disagree with you? Do you think it’s possible to have separate but equal education? What about schools that are boys only or girls only? Is that a violation of the 14th Amendment Equal Protection? Why or why not? Do you think Brown v. Board of Education has eliminated racism? Is there still racism? What groups of people are discriminated against today? Do you think reducing racism is important? Think of some ways you can work to reduce racism in your community? What do you think about the Supreme Court’s decision to wait until they could make a unanimous decision? Was unanimity an important part of the ruling? Why or why not? Source: Brown v Board of Education of Topeka, 347 U.S. 483 (1954)

Name _______________________

Bill of Rights Worksheet

www.KidzBillofRights.com Go to the Kidz Bill of Rights website and click on the â&#x20AC;&#x153;Ask an Expertâ&#x20AC;? section to find answers. Use the back button to find the other questions. 1) What is the difference between a right and a privilege? right = privilege = 2) The 1st Amendment includes six rights. These are: The right to ___________________________________________________________________________________________________ The right to ___________________________________________________________________________________________________ The right to ___________________________________________________________________________________________________ The right to ___________________________________________________________________________________________________ The right to ___________________________________________________________________________________________________ The right to ___________________________________________________________________________________________________ 3) The 2nd Amendment includes: The right to ___________________________________________________________________________________________________ The right to ___________________________________________________________________________________________________ 4) The 3rd Amendment includes: You do not have to _____________________________________________________________________________________________ It was a response to the ___________________ Act, when the American colonists had to ______________________________British soldiers. 5) The 4th Amendment includes: You can be arrested and searched only if ______________________________________________________________________________ A warrant must ________________________________________________________________________________________________ 6) The 5th Amendment includes: You cannot be _________________________________________________________________________________________________ You have the right to ____________________________________________________________________________________________ You cannot be _________________________________________________________________________________________________ The government cannot __________________________________________________________________________________________ 7) The 6th and 7th Amendments include: After you are arrested, the government cannot _________________________________________________________________________ Your trial must be ______________________________________________________________________________________________ Your jury must be ______________________________________________________________________________________________ You have a right to a jury trial _____________________________________________________________________________________ You cannot ___________________________________________________________________________________________________ 8) The 8th Amendment includes: You have the right not to be ______________________________________________________________________________________ If you are convicted of a crime, the government cannot ___________________________________________________________________ 9) The 9th Amendment includes: The rights in the Constitution ______________________________________________________________________________________ 10) The 10th Amendment includes: If the Constitution has not granted the power to Congress _________________________________________________________________ 15

My freedoms were all violated. Wasnâ&#x20AC;&#x2122;t this a free country? I was now a person who had no rights. I didnâ&#x20AC;&#x2122;t have the Bill of Rights protecting me. from A Day Without the Bill of Rights by Hasnat J., Age 13, William W. Niles School, Bronx, New York 16

Creative Applications Creative Fiction, Part 1 Have students get creative and write fictional short stories around the topic of the Bill of Rights. Here are some ideas to get the creative juices flowing: 1) Imagine you woke up and had no rights. What would your day be like? (Hint: what if you didn’t have the right to free speech? Privacy?) 2) What would your day be like if you not only had no rights, but there was also no Constitution and no law? (Hint: If there was no law, we would not agree on time, so how would you know when to wake up? There also would not be a law requiring you to attend school. Would you go?) 3) Aliens have arrived at the White House and are only allowing us to keep two of the Amendments in the Bill of Rights. Which amendments are the most important to keep and why? This can also be done in small discussion groups. Groups can present their choices to the class, along with their reasons why.

Here is a piece of creative fiction by a student studying the Bill of Rights, published in the September 2010 issue of KidzEra: A Day Without the Bill of Rights Article submitted by: Hasnat J., Age 13, William W. Niles Middle School MS 118, Bronx, New York

I once had a horrible dream about how my life would be without the Bill of Rights. The dream was a nightmare. Many of my rights were violated. I am a Muslim girl who has faith in religion and God. As a devoted Muslim, I wear my scarf to school every day. In my dream, I woke up one day; it was a few weeks after 9/11. That one day was a day I could never forget. I was about to enter the school building while waiting in line behind my classmates at my middle school in the Bronx. A few seconds later, I was pulled aside by the mean security guard. Was it because of the scarf? Was it because of my religion? Why didn’t they tell me? I felt discriminated against and violated because they hadn’t checked anyone else’s things. I refused to give them my bag, so they threatened to suspend me. I said they had no reason to check my bag, but they still took it and went through my things. They even made me show them everything I had inside my pockets and checked my shoes; how rude of them! After being humiliated by security, I went straight to class. When I entered the classroom, my teacher told the class that we would take a minute to remember the people killed on 9/11. She said we would say a prayer for all those innocent people who died. Then she asked me to take off my scarf and recite lines from the Holy Bible. I refused. I could not see how my scarf affected anyone. My teacher asked me one more time, and I refused again. Frustrated, she yelled at me and sent me to the assistant principal’s office. The assistant principal informed me of all the punishments I could get if I didn’t take off my scarf and obey, including detention, suspension or even being expelled. I argued back, saying it was wrong to humiliate me because I had the right to express myself however I wished. It wasn’t like I was wearing the scarf to cause a scene or be bad; it was part of my religion. He threatened me one more time, saying I wouldn’t like the punishment I would get if I didn’t take it off. So I was forced into taking off my scarf. Where were my rights? It was like my rights had disappeared and I was no longer human. As soon as I finished the prayer, the bell rang. I was saved, but I wasn’t really safe. I was now in a world where anyone could be treated as a 17

scapegoat. When I went to my next class, we had free time so I wrote in my diary about my religion, my rights, and everything that had happened that day. Once I started writing, I just couldn’t stop. Suddenly, the teacher just snatched my book from me and I was left holding a pen in pure confusion. She read my diary and asked me what it was all about. I said it was nothing, but she insisted I tell her. When I refused, she again sent me to the assistant principal’s office. I told him I have the right to write whatever I want in my diary. He said we would let me go this time, but next time I couldn’t write things like this because it may cause problems. Problems?! My freedoms were all violated. Wasn’t this a free country? I was now a person who had no rights. I didn’t have the Bill of Rights protecting me. After the horrible day at school, I went home and gathered a bunch of my friends, family and neighbors for support. I had many supporters from many races and religions regardless of being White, Black, Hispanic, Asian, Christian, Jewish, Hindu or Muslim. They all agreed I was wrongly treated. Weeks passed and I had a petition full of many signatures for the mayor of New York City, Mayor Bloomberg. I organized a pep rally in Central Park and was shocked at the number of people who attended of all different races and religions. There were many news channels there. When I was on stage, I spoke with honesty; I told them what had happened to me and how I felt. I told them how much it hurts to be discriminated against and to not be protected by the Bill of Rights when I should have been. By the end of the pep rally, I had over two million signatures. I sent it right to Mayor Bloomberg. Two days later, Mayor Bloomberg came to my school. I was amazed that he’d come all the way out, but he said my school was in trouble for violating the amendments. I was offered a lawyer to sue the school, but I didn’t want to because I wanted to resolve the issue peacefully. Now in the future, no student or teacher would be discriminated against the way I was. I was ecstatic that history wouldn’t repeat itself at my school. Then suddenly, “Ring!” my alarm rang. I woke up in America, where my dream would never have a chance of happening because everyone is protected by the Bill of Rights. The first amendment gives me the right to worship freely. This means I can believe in any God, whether it is Allah, Zeus or Krishna. I also have the right to free speech and press. So I can have my diary and speak and express myself as long as it does not create any violence. I also have the right to gather people and petition as long as it is peaceful. The fourth amendment protects me and my property from being searched without any solid reasons. God bless America and the Bill of Rights!

Have students send in their rights- or civics-inspired creative fiction Kidz Bill of Rights PO Box 20250 Boulder, CO 80308

Creative Fiction, Part 2 Have students exercise their creativity while learning about a historical event! Here are some ideas to get young writers inspired: 1. Ask students to read about a famous event, speech or document in American history. 2. Have them radically reinvent their chosen piece of history! Hint: this could include putting their chosen event/document into modern language (what if the First Amendment was written in a text?!) or creating a satire or humorous piece (was there a food fight at the first Thanksgiving?!).

Joe: Racist! Racist! This man is a racist! (points at Lincoln) My racist-ometer is at 300%! Abe: You have a racist-o-meter? My good man, I assure you, I am no racist! Besides, where could you hide such a racist-o-meter? Joe: I have an iPhone app! Abe: May I implore what an iPhone is? Joe: Your mom! Abe: My mother was not named iPhone, her name was Nancy Hanks Lincoln, and she was a fine woman. She taught me how to speak, and how to be chivalrous and to never get angry.

Here is a piece of creative fiction by a student studying American Joe: Never? history, published in the November 2010 issue of KidzEra:

Abe: Never. I never get angry. Ever.

What Really Happened at the Gettysburg Address Article submitted by: Kyle B., 8th Grade, Bak Middle School of the Arts, West Palm Beach, Florida

(Abraham Lincoln majestically strides on stage, to a podium in front of a small crowd. Historic music plays in background. He begins giving the Gettysburg Address.)

Joe: Oh really! Well, guess what? Before you started this speech, I put a cow patty in your hat! Abe: (takes off his hat and looks) Joe: Haha! Made you look! Abe: Alright, that’s it, I’ve had it with you!

Abe: Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal…

Joe: Had it with me? Duuuuude, that was so wrong!

Joe: (suddenly an audience member stands up and shouts) That’s what she said!

Joe: Arrested?! Woah, wait a second, calm down. I didn’t mean it! Just go on with your speech, please!

Abe: (glares malevolently, and resumes his speech) Now we are engaged in a great civil war, testing whether that nation –

Abe: You’re lucky I don’t step on you, I’m six-foot-three, you know. (Clears his throat and begins to read again.) We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that this nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we cannot dedicate-we cannot consecrate-we cannot hallow-this ground.

Joe: Oh dude, dude, no, just no! That sounded so wrong man! That was so wrong! Abe: My good sir, why must you interrupt this speech with your childish infraction? Kindly sit down! Joe: Sit down? Sit down? Man, you can’t give me any orders! That’s repression! That’s repression, I’m bein’ repressed yo! Help me! Oh help me Lord, this evil man is repressing me! Abe: Sir, I would never –

Abe: I don’t care if it was so wrong or not! You act like a child…a fool! I will have you arrested!

Joe: Cut! Cut, cut, cut, cut, cut! Redo it! It’s terrible. You need to work on your delivery, man. Abe: I thought you said you would be quiet! I am this close to charging you with treason! Joe: Dude, all I’m trying to do is help you with your speech, so you just shut your presidential kisser! Abe: Oh fine, gladly! Why don’t you come up here and read the speech yourself? Joe: Awesome! (Jumps up and pushes Abe off the podium. Looks down, and puts his hand out to greet crowd.) Wazzup Gettysburg! Here’s the low down. Peeps are dying, everybody’s racist, and we’re getting owned by the Confederates. Here’s my plan to make everything cool, alright? First, we get Bill Nye the Science Guy to build us some nukes. Second, we take the nukes and fire ‘em into space. That’ll attract some aliens. So, the aliens will come to Earth, become our allies, and we’ll go and kick some Confederate butt! Any questions? Man in crowd: Sir, would it not be easier to fire these so called (makes finger quotations) “nukes” at the enemy immediately after we construct them? Sounds like a much more efficient battle plan to me. Joe: Hey, I never thought of that. What’s your name? Man in crowd: I am George Washington, former president of the United States. Joe: You’re hired! (Suddenly Abe Lincoln orders guards to restrain Joe, and Joe is pulled off the stage.) Wait! No! Don’t taze me bro! Don’t taze me!

Abe: (takes back podium) The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us-that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion-that we here highly resolve that these dead shall not have died in vain-that this nation, under God, shall have a new birth of freedom-and that government of the people, by the people, for the people, shall not perish from the earth. Joe: (from off stage) Thatâ&#x20AC;&#x2122;s what she said! National Standards Addressed: Social Sciences: NSS-C.5-8.1 (Civics) Civic Life, Politics and Government NSS-C.5-8.2 Foundations of the Political System NSS-C.5-8.3 Principles of Democracy NSS-C.5-8.5 Roles of the Citizen History: NSS-USH.5-12.3 ERA 3: Revolution and the New Nation (1754-1820â&#x20AC;&#x2122;s) Language Arts: NL-ENG.K-12.1 Reading for Perspective NL-ENG.K-12.2 Understanding the Human Experience NL-ENG.K-12.3 Evaluation Strategies NL-ENG.K-12.4 Communication Skills NL-ENG.K-12.6 Applying Knowledge NL-ENG.K-12.7 Evaluating Data NL-ENG.K-12.8 Developing Research Skills NL-ENG.K-12.11 Participating In Society NL-ENG.K-12.12 Applying Language Skills

Abe art submitted by: Zackariah P., Age 10, A.G. Bell Elementary School, Cleveland, Ohio

The Gettysburg Address by Abraham Lincoln, Gettysburg, Pennsylvania, 1863

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that this nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we cannot dedicate-we cannot consecrate-we cannot hallow-this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us-that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotionthat we here highly resolve that these dead shall not have died in vain-that this nation, under God, shall have a new birth of freedom-and that government of the people, by the people, for the people, shall not perish from the earth.

Creative Non-Fiction Students who are engaged with authentic content and tools that are meaningful to them are more likely to retain the lessons they learn. Here are some creative ways to engage students with meaningful content while learning, applying research skills and exploring technological literacy: 1) Have students read the piracy article below, originally published in the October 2010 issue of KidzEra magazine. Also have students check out the website created for the piracy project: www.wix.com/mrssmoke/ le-arrgh-teen-anti-piracy. 2) Brainstorm with your students about rights issues they don’t understand and would like to learn more about. Students can view and add their own rights issues in the Vote section on www.KidzBillofRights.com. 3) Direct students to do research on their chosen rights issue. Be sure to include a trip to www.KidzBillofRights.com to ask the rights experts! 4) When they are ready, have students write a research paper and build a website to publish their findings on their chosen rights issue. To make a website, Ms. Smoke’s class suggests using www.wix.com, a free Web 2.0 tool for creating interactive websites. Also, Ms Smoke’s class recommends using all original student artwork and writing on the website to avoid becoming modern-day pirates!

more of an idea. However, intellectual property can be stolen in the same way normal property can. It is stolen by taking an idea and using it as your own. There are many ways to use media that don’t constitute as piracy. The most obvious and easy way is to pay for your songs and movies. Other ways include citing sources when writing a paper, paraphrasing and much more. Some people ask why they should pay for their music or their movies when they can get them for free. With normal property, you could always shoplift from a store, but you don’t, because it is stealing. It is the same with digital media such as music and games. Before taking or using something, you must first ask yourself this question: just because I can, should I? Who does piracy hurt? The common myth is that piracy hurts no one as long as no one notices, but that statement is dead wrong. It really hurts all of us. How? Because, when we steal, the entertainment companies that put out the product lose money. Therefore, they will have to make up the loss by raising the prices for the people who do pay for music. Everyone who works behind the scenes, such as video game designers, artists and producers, all take a loss in their paycheck because when a company is pirated, it will put less and less out there for the consumer, providing fewer jobs and pay for those who work in the company. Can I use commercial products at all in my school projects? That depends on where you live. In the United States, we do have some free-

Here is a research article published in the October 2010 issue doms to use commercial work for school projects, but it’s limited. Our website of KidzEra magazine: will give you the student fair use guidelines for music, video and print. Just Modern-Day Pirates Article submitted by: Michael C., Age 14 and Brandon F., Age 15, Andover Middle School, Andover, Kansas

Some of you may think of piracy as Blackbeard, with boats, swords and peg legs, but the truth is that piracy is mostly done through digital means in today’s modern times. Many things can constitute piracy and you may not even know it! Some examples are downloading songs from your friends iTunes account, buying a copy of a DVD off a friend - even writing someone else’s work into your research paper without citing it is piracy. Our Mission While researching current events about pirates in the news, we discovered that two different news stories made the headlines over and over: pirates sailing off the African coast and digital piracy. Curious to know more on the digital side of things, we began a journey. We quickly discovered that no one could easily explain what digital piracy was, and all the websites that tried were written for people with law degrees.

remember that all those guidelines don’t apply if your project is published on the web. At that point, your work is global and should not have any commercial products represented without the permission of the original artist. How do I protect my own creative products? Think about your own creative projects, as well. The more we as students are producing videos, writing papers, taking photos or writing songs, the more important it is to protect your own work. Did you know that you can create your own licensing agreements? As the original artist, you can determine who can use your products commercially or for free, if they can make modifications, and what citations you expect if they do use your work. It’s free and easy through Creative Commons (CreativeCommons.org). What can I do to prevent piracy? For your classroom projects, create original videos, songs and papers rather than finding premade products online. You’ll be showing your talent rather than the talent of others. Besides, you might even surprise yourself with what great works you create.

Nowhere could we find answers written in clear responses, so we began a mission to provide answers and reduce teens’ confusion over copyright and intellectual property. To do this, we made a website about digital piracy: Le Arrgh.

Before copying your commercial music files or DVD’s to share with your friends, remember that it’s not merely a bad idea, it’s illegal. Those products are the creativity of someone else; we have to give them the same respect we would want if we had created the work.

What kind of name is Le Arrgh?

Pass on the news. The more we know about intellectual property and antipiracy, the more creative works will be produced for us to enjoy.

This is an inside joke inspired by the question, “What other ways could a pirate say, Arrgh?” Ideas were tossed around, and getting onto the subject of French pirates, we thought, would they say Le Arrgh? Thinking that sounded pretty cool, we kept it, so kudos to all those hypothetical French-speaking pirates. You have inspired us!

Visit the Le Arrgh website to learn more! www.wix.com/mrssmoke/le-arrgh-teen-anti-piracy

What really is intellectual property? Intellectual property is any piece of information or creation made originally by someone else. It is the type of property that is not tangible, but instead 20

Le Arrgh art submitted by: Garrett W., Age 15, Andover Middle School, Andover, Kansas

National Standards Addressed: Social Sciences: NSS-C.5-8.1 (Civics) Civic Life, Politics and Government NSS-C.5-8.2 Foundations of the Political System NSS-C.5-8.3 Principles of Democracy NSS-C.5-8.5 Roles of the Citizen History: NSS-USH.5-12.3 ERA 3: Revolution and the New Nation (1754-1820â&#x20AC;&#x2122;s) Language Arts: NL-ENG.K-12.1 Reading for Perspective NL-ENG.K-12.2 Understanding the Human Experience NL-ENG.K-12.3 Evaluation Strategies NL-ENG.K-12.4 Communication Skills NL-ENG.K-12.6 Applying Knowledge NL-ENG.K-12.7 Evaluating Data NL-ENG.K-12.8 Developing Research Skills NL-ENG.K-12.11 Participating In Society NL-ENG.K-12.12 Applying Language Skills Technology: NT.K-12.1 Basic Operations and Concepts NT.K-12.2 Social, Ethical and Human Issues NT.K-12.3 Technology Productivity Tools NT.K-12.4 Technology Communication Tools NT.K-12.5 Technology Research Tools

Be sure to send in research papers & website links for possible publication! Kidz Bill of Rights PO Box 20250 Boulder, CO 80308

What Kids Are Saying About Their Rights: I think kids should have the right to change their name because they may not like it. Tsion, Age 10, McCutcheon Elementary School, Chicago, Illinois

I think kids should have the right to express themselves however they want. They shouldn’t be judged because of their voice or clothes because it’s a way they think they show themselves best. Teasing them is like laughing at their personality. Alana A., Age 12, A.C. Reynolds Middle School, Asheville, North Carolina

I think kids should have the right to rest before doing their homework because it will be hard for them to concentrate and they’ll get a headache. Sergio L., Age 10, Berkshire Elementary School, West Palm Beach, Florida

I think kids should have the right that everybody who wants to go to school will be OK, without importance of where they come from, because if someone has the intelligence for studying, they might become a professional who might make the world a better place. Leslie S., Age 10, Bowling Green Elementary School, Sacramento, California 22

Reading List Non-Fiction: A Kids’ Guide to America’s Bill of Rights: Curfews, Censorship, and the 100 Pound Giant by Kathleen Krull and illustrated by Anna Divito Constitution Translated for Kids, Third Edition by Cathy Travis In Defense of Liberty: The Story of America’s Bill of Rights by Russell Freedman The Bill of Rights in Translation: What It Really Means (Fact Finders, Kids’ Translations) by Amie J. Leavitt The Bill of Rights: Protecting Our Freedom Then and Now by Syl Sobel J.D. The Right to Free Speech by Claudia Isler The Starting Point: Young Journalists and the Law by Mark Goodman and Mike Hiestand We the People: The Story of Our Constitution by Lynne Cheney and illustrated by Greg Harlin

Fiction:

Talk by Kathe Koja Hoping to escape from himself for awhile, Kit auditions for a controversial school play and discovers his talent for acting, as he struggles with coming out. Told from two points of view. (Grades 7+) The Book Thief by Markus Zusak A young girl living in Nazi Germany discovers the joy of reading and develops such a love for books that she steals them from Nazi book burnings. (Grades 7+) The Day They Came to Arrest the Book A Novel by Nat Hentoff Students and faculty at a high school become embroiled in a censorship case over The Adventures of Huckleberry Finn by Mark Twain. (Grades 7+) The Landry News by Andrew Clements and illustrated by Salvatore Murdocca A fifth grader starts a newspaper with an editorial that prompts her burnt-out classroom teacher to really begin teaching again, but he is later threatened with disciplinary action when he allows a very personal story on divorce to be printed. (Grades 4-6) The Last Safe Place on Earth by Richard Peck Fifteen-year-old Todd sees his perfect suburban world start to unravel when his little sister is influenced by a member of a sect. (Grades 7+)

Dancing in Red Shoes Will Kill You by Dorian Cirrone Sixteen-year-old Kayla, a ballet dancer, and her artist sister are both helped and hindered by classmates as they confront sexism, conformity and censorship at their high school for the arts while still managing to maintain their senses of humor. (Grades 7+)

The Printer’s Apprentice by Stephen Krensky and illustrated by Madeline Sorel In 1735, a young printer’s apprentice learns about the importance of freedom of speech when the printer, Peter Zenger, is arrested and tried for writing articles criticizing the government. (Grades 6-8)

Hard Time by Julian F. Thompson When a district attorney who is eager to make an example of a teenaged offender misinterprets an essay written by 15-year-old Annie Ireland, she and her friends are sent to jail. (Grades 7+)

The Sledding Hill by Chris Crutcher Billy, recently deceased, keeps an eye on his best friend, 14-year-old Eddie, and helps him stand up to adults who are orchestrating a censorship challenge. (Grades 7+)

Memoirs of a Bookbat by Kathryn Lasky Fourteen-year-old Harper, an avid reader of fantasy who must hide her books from her parents, comes to realize that their promotion of censorship threatens her freedom to make her own choices. (Grades 5-8)

The Year They Burned the Books by Nancy Garden While trying to come to terms with her own lesbian feelings, Jamie, a high school senior and editor of the school newspaper, finds herself in the middle of a battle over the new health education curriculum. (Grades 7+)

Places I Never Meant to Be: Original Stories by Censored Writers edited by Judy Blume A collection of short stories accompanied by essays on censorship by 12 authors whose books have been challenged in the past. (Grades 7+) Lists courtesy the American Library Association http://www.ala.org/ala/mgrps/divs/alsc/issuesadv/intellectualfreedom/kidsknowyourrights.pdf 23

Kidz Bill of Rights Vocabulary

Defamation: Spreading mean rumors about another person, usually through libel or slander. This is NOT protected by the First Amendment. Deliberation: The process at the end of a trial during which the jury discusses the evidence and comes to a verdict (guilty or not guilty).

Abridging: Making something shorter.

Democracy: The political system we have in the US, where citizens vote and are governed by the decision of the majority.

Abuse of Power: When someone uses his or her authority improperly. Like if the class president started taxing kids on their lunch money!

District Attorney: A lawyer who is hired by the government or elected to represent the state in criminal cases.

Adjudication: When a judge reviews evidence to determine what happened in a bad situation and what punishment should be. In Juvenile Court, kids are adjudicated, not convicted of a crime.

District Courts: District courts in the US are our first level of trial courts.

Adversary System: A court system where there are two sides to any case, and lawyers present evidence and arguing that the side they represent is the right one. This is what the American court system is. Amendment: To amend something means to change it. In this case, we are talking about changes made to the Constitution. The only way to change the Constitution is to add a note (amendment) at the end of the part you are changing and have more than half the legislature agree with you. Appellate Court: If something goes wrong during the first trial, a lawyer, or a person without an attorney, can appeal the case to a higher court, or appellate court, to review what happened in the first trial. Bail/Bail Bond: This is the amount of money someone has to pay to get out of jail between the time when she/he was arrested and when his/her trial will begin. If the person shows up to his/her trial, she/he gets his/her bail money back. Sometimes for murder or more serious cases, bail is not allowed, and the criminal has to stay in jail. Bench Trial: A trial that is decided by a single judge instead of by a jury. Bill of Rights: The first 10 Amendments of the Constitution that protect American citizen’s freedoms. Boycott: Boycotting something means to stop buying or using something, as a means of protest, which is kind of like giving a company or the government the silent treatment. Burden of Proof: Before a jury can find someone of being guilty of a crime, there must be enough proof that the jury can declare the person guilty without having any doubts. In criminal cases, proof must be “beyond a reasonable doubt.” In civil cases, evidence only has to be “clear and convincing” or “by a preponderance.” Case Law: These are laws that are made because of a court’s decision in a case. The highest court and ultimate decider of case law is the US Supreme Court. Censorship: Censorship mean not allowing someone to say something, to write something or to read something because you don’t want them to say or to know about that thing. Citizen: A person who is an official member of a country either because they were born there or because they applied to be a member. Citizens are loyal to the government in exchange for the protections provided by that government. Common Law: These are laws created by traditions and by court decisions, rather than laws that are passed by the legislature. Constitution: The piece of paper that created the United States, its government and your freedom. It’s really important to know about!! Decision: The judgment reached by a court. 24

Double Jeopardy: Once a judge or jury makes a decision, it’s “game over.” You can’t be tried twice for the same crime. Due Process: This is our constitutional guarantee that everyone who is an American citizen is to be treated fairly by the law. This means that anyone accused of a crime is guaranteed a fair and speedy trial, a lawyer, the right to remain silent, a fair jury and the right to present and question witnesses. Emancipation: The legal process that ends parents’ legal responsibility for their kids. This might sound cool, but it’s much more serious than simply not having your parents tell you to clean your room. It means you can’t live with them anymore, they can’t give you any money, they can’t buy you food or clothes...you are on your own! Eminent Domain: This is the right of the government to take private property for public use by paying a fair price. So, if the government wants to pave a highway where your house is, they have that right, but they have to pay you for it! Equal Protection of the Law: The Fifth and 14th Amendments guarantee that every law applies the same way to every person and that no law can apply to only one group of people. It’s gotta be fair. Evidence: Anything that can be used in court to prove a person’s innocence or guilt. Ex Post Facto: Means “after the fact.” This means that it’s not cool to make up new rules in the middle of the game. The Constitution prohibits the legislature from passing “ex post facto” laws that punishes someone for an act they did before the law existed. Express Powers: Political powers that are specifically “expressed” or granted by the Constitution. Expungement: When the court destroys a person’s criminal records as if the crime never happened. This happens in a lot of juvenile cases if the kid in question doesn’t do anything else bad before the age of 18. Felony: A serious crime like robbery and murder that can be punished by jail time of one year or longer. Founding Fathers: This group of dudes wrote the Constitution. The seven main founders were Benjamin Franklin, George Washington, John Adams, Thomas Jefferson, John Jay, James Madison, and Alexander Hamilton. Framers: Each of the 13 colonies of the original United States sent representatives to the Federal Convention to help write the Constitution. These men became known as the Framers of the Constitution. Government: The huge group of people and institutions elected by the people to represent them. These reps make and change laws (legislative branch), interpret laws (judicial branch), run the country (executive branch), enforce laws (police) and keep things (like the mail or the subways) running on time. Grand Jury: A special group of people who decides if there is enough evidence to have a trial for serious crimes. 24

Grievance: Something that causes distress or suffering; anything from a bully to an unfair rule. A grievance is a cause for complaint.

Plea Bargain: The process through which someone admits to a crime (pleads guilty) in return for not as bad a punishment or to get other charges dropped.

Holding: This is the legal conclusion a court comes to at the end of its decision.

Preliminary Hearing: A judge decides if there is enough evidence to proceed with a trial.

Indictment: This is the document you need to start a criminal trial that says there is enough evidence against someone to accuse them of a crime.

Probable Cause: This means that a police officer must have A LOT more than a hunch that a person committed a crime in order to get a search warrant or to arrest that person.

In Loco Parentis: A Latin phrase meaning, “in place of the parent.” This means that other people or organizations, such as coaches or schools, can take on some responsibility for keeping kids safe even if they are not the biological parents. Internal Revenue Service: This part of the government collects taxes and enforces tax law. Judicial Review: This is the power the courts use to interpret laws. They hear cases and can declare the actions of the other branches of government OK (constitutional) or NOT OK (unconstitutional). Jurisdiction: When a court is allowed to hear a case because of their location relative to a crime. Jury: A group of impartial people who are all registered voters or licensed drivers who listen to the facts of a court case and decide if the accused person is innocent or guilty. Juvenile Court: Special court that only hears cases concerning kids under the age of 18. Libel: Something you write that is purposely mean or a lie. Libel is NOT protected by the First Amendment. Liberties: The personal freedom to think or act as one chooses. Militia: A force composed of regular people that are ready to protect and defend their community against threats, including those posed by the government itself. It was the US Militia that fought the British Military during the American Civil War. Minutemen: A hard-core group of townspeople who could be ready in one minute to fight-off the British during the American Civil War. Miranda Warning: When someone gets arrested and taken into custody, the cops MUST tell him/her that they have the right to remain silent, the right to talk with an attorney, etc. It prevents police from obtaining illegal or false confessions and evidence. Misdemeanor: A less serious criminal offense like shoplifting that can be punished by jail time of one year or less. Objection: During a trial if one of the two sides thinks a piece of evidence is unfair, they can shout, “OBJECTION” and call the judge’s attention to the problem.

Probation: Sometimes people get probation instead of actually going to jail. They can avoid being locked up as long as they follow the very strict rules that the court and their supervisor (probation officer) make. This is like baby-sitting people outside of jail rather than putting them behind bars. Prohibiting: Forbidding or preventing someone from doing something. Like you prohibiting your parents from going through your diary! Pro Se: A Latin term meaning, “on one’s own behalf.” In court, it means a person defends himself/herself rather than hiring a lawyer to represent him/her. Puritans: The Puritans were members of a branch of Christianity. The Church of England was not nice to the Puritans, so the Puritans left England in 1600s and sailed across the ocean to America. In America, the Puritans created a new society where they would not be bullied because of their beliefs. Quarter: Providing someone with shelter. Reasonable Doubt: If a jury member or a judge is not sure that accused person is guilty, they HAVE a reasonable doubt and cannot declare the accused person guilty until they hear more evidence to make that reasonable doubt go away. Redress: To make something right, or to remedy a situation. Kinda like apologizing to a friend that you got mad at for no reason. Reserved Powers: Political powers that are not specifically granted or prohibited by the Constitution are granted to the states. Republic: A political system where the citizens elect representatives to govern them. Sentence: The punishment ordered by the court when someone is convicted of a crime. Self-Incrimination: Saying something which proves your involvement in something illegal. Sometimes even Facebook photos can be selfincriminating evidence! Signers: These are the dudes who signed the Declaration of Independence in 1776, which was a part of the process of freeing America from England’s control. Slander: Something you say that is purposely mean or a lie. Slander is NOT protected by the First Amendment’s freedom of expression.

Opinion: The written decision of a court.

Testimony: Evidence given by a competent witness under oath.

Parens Patriae: A Latin phrase meaning, “parent of the nation.” It means the state has the right to step in to protect kids who have abusive or neglectful parents.

Tyranny: A form of government or rule that doesn’t allow you to do, think, believe, watch or read what you want. It’s their way or the highway.

Parole: Criminals released from prison to serve the rest of their sentence in the community on the condition that they follow the rules of a supervisor (parole officer). This is like baby-sitting people who have recently been let out of jail. Perjury: When you lie or omit relevant truths during court testimony. Petition: A request to change something (usually about something the government is doing) by getting everyone you know (plus people you don’t know) to sign a paper saying they believe in the change you are asking for.

Verdict: Formal decision reached by a jury, read before the court and accepted by the judge. Voir Dire: This is Latin and means, “to speak the truth.” Before a case, potential jury members are questioned to determine if they can be fair judges of the case. For example, if you got in trouble, your best friend couldn’t be a juror because he/she would probably be on your side no matter what, which isn’t necessarily fair. 25

Teachers Rights: Free Speech in the Classroom The subject of teacher’s rights is rife with controversy and debate. Many teachers have expressed the opinion that they do not feel free to speak openly about certain subjects, and understand that if what they are saying is not aligned with the opinion of the school board or has the support of the school district, there could be serious consequences for speech normally protected by the First Amendment. It would seem that teachers are the group of people most likely to “shed their rights at the schoolhouse gate.” There have been some legal limits set regarding a school district’s ability to control teachers’ controversial speech in and out of the classroom. This has primarily been where the school has no legitimate pedagogical purpose for the restriction, or where the restriction harms students’ ability to receive important ideas that are relevant to the curriculum. Court rulings on the inclusion of controversial issues assume that the school is neutral in its implementation of the material. For example, if a school permits an anti-war lesson plan but forbids a pro-war lesson plan, such an action would raise questions about viewpoint discrimination.

“

The ACLU has noted the teacher/school administration dynamic: A teacher appears to speak for the school district when he or she teaches, so the district administration has a strong interest in determining the content of the message its teachers will deliver. While courts sometimes protect the academic freedom of college and university professors to pursue novel teaching methods and curriculum, these principles do not apply with equal force to K-12 teachers. Washington courts have upheld the authority of school districts to prescribe both course content and teaching methods.

-the American Civil Liberties Union (via aclu.org)

to teach the Constitution to my students. I’m supposed to tell them that the Constitution guarantees free speech. How am I going to justify that?”   The school district’s lawyer responded by saying, “Public employees, including primary and secondary school teachers such as Ms. Mayer, simply do not have a constitutional right to interject their own opinions when speaking as employees.” Source: Elko, Bob, Honk for Peace Schoolteacher Loses Firing Appeal, SFGate.com, 10/02/2007

Case 2: Curricular Content or Religious Advocacy? The Case: Webster v. New Lenox School District No. 122 and Alex M. Martino, 1990 The Story: Social studies teacher Ray Webster taught creationism as well as evolution in his social studies class at Oster-Oakview Junior High School. A student in Webster’s class protested that Webster was violating principles of the separation between church and state. Webster denied the allegations. He said his goal was not to persuade students to any viewpoint, but to show them that many viewpoints exist. On July 31, 1987, the school board asked him to restrict his teaching. Webster brought a lawsuit, arguing that the school board’s prohibitions were censorship in violation of his First and 14th Amendment rights. The Ruling: On May 26, 1989, the District Court ruled against Webster, saying the First Amendment is “not a teacher license for uncontrolled expression at variance with established curricular content.” The Court cited a 1973 case, Clark v. Holmes, which held that a “teacher has no constitutional prerogative to override the judgment of his superiors as to proper course content.”

Below are some cases regarding teachers’ rights and the role of On November 6, 1990, the United State Court of Appeals for the Seventh the government in education: Circuit upheld the District Court ruling. It said the school district had not violated Webster’s free speech rights when it stopped him from teaching creation science because creation science is a form of religious advocacy. Case 1: “I Honk for Peace” The court held that the teacher “had not been prohibited from teaching any The Case: Mayer v. Monroe County Community School Corp., 06-1657, 2007   non-evolutionary theories,” but was prohibited from “religious advocacy.” The Story: While discussing peace protests in her classroom of fourth through sixth-graders on the eve of the Iraq War, Indiana teacher Deborah Mayer was asked if she ever had participated in one. She said that she honks when someone is holding a ‘Honk for Peace’ sign. Mayer, although new to this school, had 20 years of teaching experience, and believed this comment was why her contract was not renewed the following year (2003). Mayer appealed the school board’s decision to not renew her contract and appealed other court decisions until her appeal to the Supreme Court was denied. The next highest appellate court was the Seventh US Circuit Court of Appeals. The Ruling: The Federal Appeals Court in Chicago said public school teachers have no constitutional right to express personal opinions in the classroom. A teacher’s speech is “the commodity she sells to an employer in exchange for her salary” the Federal Court said in a 3-0 ruling. “The Constitution does not enable teachers to present personal views to captive audiences against the instructions of elected officials.” “I don’t know why anybody would want to be a teacher if you can be fired for saying four little words [I honk for peace],” Mayer said. “I’m supposed

Source: Webster vs. New Lenox School District

Case 3: Free Speech Outside of the Classroom? The Case: Pickering v. Board of Education, 391 U.S. 563, 1968 The Story: A high school teacher, Marvin Pickering, was dismissed for sending a letter to a local newspaper in connection with a recently proposed tax increase that was critical of the way in which the Board and the district superintendent of schools had handled past proposals to raise new revenue for the schools. The Ruling: Justice Thurgood Marshall delivered the opinion of the court, which stated: To the extent that the Illinois Supreme Court’s opinion may be read to suggest that teachers may constitutionally be compelled to relinquish the First Amendment rights they would otherwise enjoy as citizens to comment on matters of public interest in connection with the operation of the public schools in which they work, it proceeds on a premise that has been unequivocally rejected in numerous prior decisions of this

Court. (e. g., Keyishian v. Board of Regents, 385 U.S. 589, 1967.) The theory that public employment, which may be denied altogether, may be subjected to any conditions, regardless of how unreasonable, has been uniformly rejected. At the same time it cannot be said that the State has interests as an employer in regulating the speech of its employees that differ significantly from those it possesses in connection with regulation of the speech of the citizenry in general. The problem, in any case, is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees. The school board that dismissed Mr. Pickering contended that “the teacher, by virtue of his public employment, has a duty of loyalty to support his superiors in attaining the generally accepted goals of education and that, if he must speak out publicly, he should do so factually and accurately, commensurate with his education and experience.” The Supreme Court agreed, saying that: In sum, we hold that, in a case such as this, absent proof of false statements knowingly or recklessly made by him, a teacher’s exercise of his right to speak on issues of public importance may not furnish the basis for his dismissal from public employment. Since no such showing has been made in this case regarding appellant’s letter, his dismissal for writing it cannot be upheld and the judgment of the Illinois Supreme Court must, accordingly, be reversed and the case remanded for further proceedings not inconsistent with this opinion. Had the teacher discussed this in class with his students, the result may have been different. Through many court cases regarding free speech in the classroom, it has become clear that a teacher has a responsibility to represent his/her employer as his/her employer dictates, usually through a pre-approved curriculum. How strictly one adheres to the curricula and how controversial ideas are introduced to the class will always weigh on the outcome of a court or school board hearing. Source: Pickering v. Board of Education, 391 U.S. 563, 1968

against cruel and unusual punishment does not apply to the corporal punishment of children in public schools, and that the Constitution’s Due Process Clause does not require notice and a hearing prior to the imposition of corporal punishment in public schools. Source: Ingraham v. Wright, 430 U.S. 651, 1977

Case 5: Controversy Over the No Child Left Behind Act Standardized Testing and the Law: The No Child Left Behind Act (NCLB) is the most recent federal legislation to use standardized testing as a means of education reform. President George W. Bush signed the act into law on January 8, 2002, after receiving bipartisan support in Congress. The law is intended to raise the level of national education by increased accountability for schools and its teachers. The Act requires states to develop assessment tests for students of all ages, if those states want to receive federal funding for schools. Since its inception, the law has been both praised and criticized and has become a source of controversy among educators. Some believe the Act is providing accountability for educators and schools. On July 23, 2010, Washington D.C.’s school chancellor fired 241 public school teachers. 165 of those teachers were fired after receiving a “poor” evaluation, based on the district’s new evaluation system that measures teacher effectiveness primarily from student performance on standardized tests. Others contest whether the tests produce an accurate picture of the quality of public education. When test results do come back with significant improvements, some question whether the students have actually improved or the school district is simply reporting the results in a way to benefit the district with more federal funding. Some teachers argue that by focusing on test scores, they are simply “teaching the test” rather than working for a thorough comprehension of the subject matter and this ultimately lowers the quality of public education. Typically, NCLB rewards schools producing higher test scores with higher funding. Some say that the schools with low test scores are actually the schools that need more funding, not less.

30 states ban corporal punishment in public schools, and two states, New Jersey and Iowa, additionally prohibit it in private schools. 20 states still allow corporal punishment. Paddling is still used in schools in a number of Southern states, though it is on the decline.

The National Education Association (NEA), along with many states, have challenged NCLB in court, arguing that the law is forcing states to use local education funds to comply with the federal education law. Under the law, states are required to use expensive standardized tests so the federal government can allocate federal funding based on test results. Many states argue that the funding they receive does not cover the expense of complying with NCLB and therefore putting a larger financial burden on the states.

The Case: Ingraham v. Wright, 430 U.S. 651, 1977

The Case: Pontiac School District v. Secretary of the US Department of Education

The Story: In 1970, eighth-grader James Ingraham, was accused of failing to promptly leave the stage of the school auditorium when asked to do so by a teacher. He was then taken to the principal’s office, where he said he was not guilty of the accusation. Willie J. Wright, Jr., the principal, ordered Ingraham to bend over so that Wright could spank Ingraham with a paddle. Ingraham refused to bend over and was forcibly placed face-down on the top of a table while an assistant principal held Ingraham’s arms and an assistant to the principal held his legs. Wright used a spanking paddle to hit Ingraham more than 20 times.

The Story: A lawsuit filed by school districts in Michigan, Texas and Vermont against the Secretary of the U.S. Department of Education was dismissed in 2009 after 10 months of deliberation by 16 judges in the Sixth US Circuit Court of Appeals. The states, backed by the NEA, argued that NCLB is an “unfunded mandate.” The judges could not reach a majority decision, which means an earlier decision to dismiss the case by a lower court stands. Eight judges agreed that schools shouldn’t be required to spend their own money to comply with NCLB. Five judges said the law clearly outlines the terms of accepting federal funding and meeting testing requirements. Three judges did not issue an opinion because they believed the states should be the plaintiffs and not the school districts.

Case 4: Cruel and Unusual Punishment?

The paddling was so severe that Ingraham suffered a hematoma requiring medical attention and keeping him out of school for several days. He and his parents sued the school, calling it “cruel and unusual punishment” and loss of liberty. The Ruling: The Supreme Court held that the US Constitution’s prohibition

Other school districts and states with similar arguments continue to have lawsuits bouncing around appeals courts. Source: Pontiac School District v. Secretary of the US Department of Education 27

Additional Resources Center for Civic Education We the People: Project Citizen Curriculum We the People: Project Citizen is a curricular program for middle, secondary, and post-secondary students, youth organizations, and adult groups that promotes competent and responsible participation in local and state government. The program helps participants learn how to monitor and influence public policy. In the process, they develop support for democratic values and principles, tolerance, and feelings of political efficacy. The Project Citizen program is administered with the assistance of a national network of state and congressional district coordinators in every state and is conducted with the assistance of the National Conference of State Legislatures. It is funded by the U.S. Department of Education by act of Congress. Additional funding at the state level is also provided by an increasing number of state legislatures. The Center for Civic Education works in collaboration with the Center for Education in Law and Democracy (CELD). CELD is a non-profit educational organization offering programs for teachers and students through grants and contracts with national and state government and non-governmental organizations. Additionally, CELD offers technical assistance to Colorado school districts interested in developing and enhancing civic education programs. Services include professional development for teachers, identification of resource people, curriculum design, and standards and assessment. CELD also organizes the annual Project Citizen Showcase for elementary, middle and high school studentsâ&#x20AC;&#x2122; work with the Project Citizen curriculum. For more information visit: www.civiced.org and www.lawanddemocracy.org. Youth Transformation Center Taking Restorative Justice to Schools: A Doorway to Discipline Restorative Justice is an innovative approach to managing discipline and bullies, as it brings offenders face to face with their victims in a safe, respectful environment. As a voluntary process, offenders must agree to be accountable for their actions and be willing to repair harm. Together with their supporters and an experienced facilitator and community member, both offenders and victims answer questions about what happened, who the crime or school violation impacted, and then come to an agreement on how to make things right. For more information visit: www.YouthTransformationCenter.org. The National Archives The National Archivesâ&#x20AC;&#x2122; website has links to images and transcripts of the original Constitution and other important historical documents. There are also lesson plans, teaching activities and other resources. For more information, visit: www.archives.gov and www.archives.gov/education. National Constitution Center The National Constitution Center is an independent, non-partisan and non-profit organization dedicated to increasing public understanding of, and appreciation for, the Constitution. They provide online resources for students and teachers. For more information, visit: www.constitutioncenter.org.

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