Robert Johnson Moore, Esq.
I.
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ROLE PLAYING is an exciting way to discuss constitutional issues. Divide the class into small groups of three, four or five and assign each group a role in the case presented in class. Using
Hazelwood
as a model, group 1 could represent the student editors of Spectrum, group 2 the principal, group 3 the school board, group 4 the parents of the student editors, group 5 members of the student body. Each group may be called to testify before the nine Justices played by other students. The class may wish to see how the Justices argue among themselves in delivering their concurring or dissenting opinions. If black robes are available, please use. The effect is awesome.
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A follow up activity is suggested in
CRF BILL OF RIGHTS IN ACTION
published by the Constitutional Rights Foundation. Winter 1989/Vol. 5 Number 3) The lesson is protected by copyright, but is readily available to classroom teachers who subscribe to the publication. The cost is under $10.00. Write to: Constitutional Rights Foundation, 601 South Kinsgley Drive. Los Angeles, California 90005 or call (213) 487-5590.
An original situation for the role playing follows:
Operation Yellow Ribbons: A group of students in Canary High School wanted to celebrate the safe return of American soldiers to the States after operation DESERT STORM in the Saudi Arabia. They arrived in school the next day adorned in yellow ribbons. Ribbons were tied to every conceivable part of their bodies. These students carried extra rolls of ribbon for students who wished to join in their peaceful welcoming ceremony. Many of these students had sisters, brothers and other close relatives and friends serving in the armed forces. School officials were not informed of the activity beforehand. The principal learned of it during homeroom period when the halls were ablazed in yellow strips. Teacher reported no major disruptions, but there was an air of excitement. The school seemed taken by surprise. No one outwardly objected to the ribbon fest, but some students who were annoyed did refuse to wear the yellow ribbon when encouraged by this small ban of student activists to do so.
The principal announced over the public address system that the further distribution of ribbons was banned. Students were asked to remove the ribbons while in class. They were further told not to wear the ribbons to school anymore. Students who did so would be asked to leave school until they removed the ribbon. The next day half the student body was reported absent.
Discuss the relevant constitutional issues. Divide the class into group 1 the students who organized the ribbon ceremony, group 2 the school principal, group 3 classroom teachers, group 4 students who did not wish to wear the ribbon, group 5 the parents of several students and group 6 the Board of Education.
Hint: Could the conflict be avoided if the principal had allowed the students to express their views on school grounds at another time, place or manner?
II.
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ESSAY WRITING is another means of assessing student comprehension of constitutional issues. Here are two examples of essay questions that challenge students to apply First Amendment principals discussed in
Prince v. Massachusetts
and
Tinker v. Des Moines School District
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a.
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Peter and Lucy Zirk enrolled at Pleasant Hill Elementary School for the fourth and fifth grade. Dressed oddly in clothing that seemed to belong to another century, Peter and his sister proved to be excellent students. They attended school regularly. Teachers praised them for their good manners and superior academic work. The Zirk family volunteered information that they were members of a small religious group of which no one at Pleasant Hill had ever heard.
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When Peter and Lucy were promoted to the seventh and eighth grade three years later, they were absent from school for about a week for no apparent reason. When they returned to school, the teachers noticed that the middle finger of each hand of the children was missing. Peter and Lucy would not comment as to how and why their middle fingers were removed. Upon extensive investigation, school authorities learned that the removal of the fingers was part of a major religious practice of the Zirk family. Mother and father Zirk on careful scrutiny also lacked their middle fingers.
Apparently when children in this particular religious group reach the age of puberty, the middle finger is removed as a sign to respect to one’s elders. To raise one’s finger to an adult is a sign of contempt, highly punishable. To prevent children from showing disrespect to anyone, the middle finger is removed in a painless fashion.
School authorities report their findings to the local police and have the Zirks arrested for child abuse. Discuss the possible outcome raising all constitutional issues.
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b.
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A 17 year old male high school student was suspended from school for wearing black lipstick. His 16 year old brother was also kicked out of school for wearing a dress in protest of his brother’s suspension. School officials state the students were suspended for conduct that disrupted the educational process. The students’ appearance in both cases could distract classmates and teachers.
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The student who wore the lipstick could be admitted to school if he removed the lipstick. The student maintains that his appearance was not disruptive. His grades were good and he had been named student of the month. A student questionnaire was circulated asking students if they thought the wearing of black lipstick and dresses by boys was disruptive. The suspension case goes before the Board of Education next week. As attorney for the board, how would you advise them to rule to avoid a constitutional challenge. (This is based on an actual case reported in the
New Haven Register
. Copies are available).
I recommend that students follow a definite outline in writing their responses:
1.
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State the conflicting legal issues involved.
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2.
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What constitutional rule of law is needed to analyze this case? (Cite specific cases if you know them).
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3.
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Are there any noted exceptions to the rule that apply to the present case?
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4.
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How do the facts of this case correspond to the existing law? Are there facts that do not apply? Should this affect materially the outcome of the case?
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5.
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Based on your analysis of all relevant legal issues involved, what are your conclusions.
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Remember: There are no wrong or right answers to these essay questions. Rather, appropriate interpretation of established constitutional principles is important. Students will learn that the opinion of the Court has changed over the years on many matters of dispute. “Stare Decisis,” or “let the decision stand” to many constitutional scholars is a concept waving like kleenex in the breeze.