1. Begin the lesson by discussing all of the guarantees in the First Amendment, and then centering on the guarantee of freedom of speech. Ask students if they believe that all citizens should have the right of freedom of speech; are there any limits to that right?
2. Using the website (below) about symbolic speech, and after the class reads the text about freedom of speech, divide the class into six small groups, assigning each group the task of deciding the merits of one of the six cases described on the site. Each group should also look at the case involved, and discover what the actual court decision was (this can be done in a computer lab, or by taking turns with a classroom computer).
3. Then, ask the class as a whole if, based on their reading, there seem to be any general standards that seem to apply to freedom of speech. Write the standards on the board.
4. Have students read the case summary, but not the decision. Ask students to decide what they think the Court's verdict was. Then let them read the decision and discuss its relation to their prediction.
5. After the discussion, ask students to think about some issues that they might be willing to "stand up for" in school. When they have compiled a list, ask them to decide whether "standing up" for each particular issue should be allowed in school? What activities might they engage in that would fall into the category of "protected speech," and what activities would not?
6. Conclude the lesson by asking students to engage in the activity described on the "Gangs, Tattoos, and Symbolic Speech" site listed below. Or, if there is currently an issue of free or symbolic speech being debated in your school at the present time, substitute that issue for the Tattooing issue, and ask students to rewrite school policy to resolve the problem.
What Is Symbolic Speech?
Tinker v. DeMoines (1969): Case Summary
Gangs, Tattoos, and Symbolic Speech
What Does Tinker v. Des Moines Mean to You?
This lesson was adapted by Averil McClelland, Kent State University.