Understanding the First Amendment Through Barnette

Overview:

In this lesson, students will explore how the First Amendment protects freedom of speech and religion, focusing on the landmark Supreme Court case West Virginia State Board of Education v. Barnette (1943). Students will analyze Justice Robert H. Jackson’s majority opinion, which defended the rights of students who refused to salute the flag on religious grounds. Through discussion, role-play, and reflective activities, students will connect Jackson’s ideas about citizenship, loyalty, and civic responsibility to contemporary situations in their own lives.

Learning Goals:

Identify the five freedoms protected by the First Amendment.
Describe the Barnette case and the constitutional question it addressed.
Analyze Justice Jackson’s reasoning and the balance between government authority and individual rights.
Reflect on the importance of civic responsibility and protecting rights in a democracy.
Apply First Amendment principles to real-world scenarios.

Learning Standards:

New York State
- Social Studies: 1.1, 1.2, 1.3, 1.4, 5.1, 5.2, 5.3, 5.4
- ELA for Literacy in History/Social Studies: RH1, RH2, RH3, RH4, RH5, RH6
Pennsylvania
- Civics and Government: 5.1.6, 5.1.9, 5.1.12, 5.2.6, 5.2.9, 5.2.12
- History: 8.1.6, 8.1.9, 8.1.12, 8.3.6, 8.3.9, 8.3.12
- Reading in History and Social Studies: 8.5.6-8.B, 8.5.9-10.B, 8.5.11-12.B, 8.5.6-8.D, 8.5.9-10.D, 8.5.11-12.D, 8.5.6-8.F, 8.5.9-10.F, 8.5.11-12.F

Assessment/Evaluation:

Completion of graphic organizer
Participation in class discussions
Possible reflection essay/journal entry

Materials Needed:

For Students:
- Excerpts from the Barnette opinion (student-friendly version)
- Graphic organizer for note-taking
- Scenario cards for role-play activity
Teacher Resource: Completed Graphic Organizer
Teacher Resource: First Amendment Overview
Teacher Resource: West Virginia State Board of Education v. Barnette Overview
Teacher Resource: Guided reading of excerpts from Barnette opinion

Lesson Flow

Introduction

5 min

Warm-up questions
1. What does it mean to have freedom of speech?
2. Can a government force someone to say something or do something against their beliefs?
Handout graphic organizer for students to take notes

The First Amendment

10 min

Explain the First Amendment and how it provides five freedoms (see Teacher Resource)

West Virginia State Board of Education v. Barnette

10 min

Explain context of the case, highlight the constitutional question, and overview of outcome (see Teacher Resource)
Give students excerpts of Jackson’s majority opinion and guide them through reading it (see Teacher Resource)

Small Group Analysis

10 min

Assign roles (use multiples of each role and make as many of each group as required or make two big groups)
1. Group A: The Reluctant Student, The Concerned Parent, The Classmate, and The Community Advocate
2. Group B: The School Official, The Teacher, The State Official, and The Veteran
  1. Groups work to create their arguments using their notes – groups should have a leader, a recorder, a speaker, and a fact checker
    1. Arguments should be 1 minute long and make their group’s point to the best of their ability
  2. Each group presents its position and defends it using constitutional reasoning

Wrap-Up

5 min

Discuss
1. What challenges exist when protecting individual rights?
2. How do individual citizens help sustain a democracy?
3. Why did Jackson consider protecting minority rights essential for democracy?
4. Can you think of a modern situation where people might face similar challenge?

Extension

Write a brief essay or journal entry applying Jackson’s principles to a current event or school policy.