Peace and Aggression: A Challenge of Our Time
Joan Rapczynski and Florence Zywocinski
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Lesson Plan #5
Dissent
Objective
to give students an understanding that all Americans have the right to dissent, but with limitations.
Procedure
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1. Discuss the wording of the First and the Fourteenth Amendments with the class.
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2. Present the following information to the class:
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It is true that the First and Fourteenth Amendments to the Constitution guarantee certain basic liberties to all Americans. But it is also true that there has to be certain limitations on these freedoms. For example, you can not yell “fire” in a theater causing the crowd to rush for the nearest exit (when there is no fire) and then claim free speech as a defense for your actions.
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The Constitution states that all Americans are guaranteed the rights to free speech, free press and the right to assemble and petition. Does that mean that people can say or print anything? Can people assemble anywhere? Obviously not. The man who yelled fire as a joke might have incited a riot with people trampling over one another trying to get to the door. A newspaper is not permitted to print false information about an individual or call someone a murderer unless it is true. To do otherwise would deprive that person of his rights.
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A group wishing to protest a government action has the right to meet, but not in your backyard unless they were invited. Nor do they have the right to meet on a public highway during rush hour backing up traffic for miles.
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A person has the right to free speech, but if he is inciting a crowd to riot he may be arrested for disturbing the peace.
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The right to protest in schools against government policy has come before the Supreme Court. In a famous case several students were suspended from school because they were wearing black arm bands to classes. The armbands were a sign of mourning for those who had died in the Vietnam War and to protest the war itself. The Supreme Court decided that the students had a right to wear armbands if they did not disrupt the normal school program. The Court called this the right to symbolic speech.
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Certain broad rules apply to dissent.
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a. People have the right to speak out against things they oppose when their speech does not interfere with the rights of others.
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b. People have the right to organize with others to support their position. They have the right to assemble, picket and hold demonstrations as long as they do not interfere with the rights of others.
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c. If the activities present a “clear and present danger” to the security of the U.S. or to others in the society, then these activities are illegal.
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3. Present the following questions to the class for discussion:
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a. The right to free speech, free press and the right to assemble is not an absolute right. Explain.
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b. How far can people go in what they say or do in protest?
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c. If you do not like what a group stands for, should you be allowed to prevent it from meeting?
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d. Should everyone have the right to criticize the government if the criticism is dangerous to our national interest?
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e. If there appears to be no clear danger of violence, do you think any group should be allowed to protest against the government?
