Learning Target: I can use my knowledge of prior
legislation and the Constitution to pass a verdict on a
Supreme Court Case.
Agenda:
HW:
1. Write the date and LT on the
Entry Task 112-120
RIGHT hand side of your Interactive
Freedom of
Notebook. Complete the Entry Task
speech
Below .
You be the
JudgeEntry Task:
Brandenburg
Be smart, be clear, be gritty. :)
v. Ohio
Write: Should people have the
right to publish/advocate for the
Key Concepts:
violent overthrow of the
Schenck v. U.S.
government?
Yates v. U.S.
Brandenburg v. Ohio
Why?
11/13
Schenck v. United States
1919
Test yourself: What court
case abolished prior
restraint? When? Would
Schenck have been
considered free to publish
under this court ruling?
▪ Schenck was the leader of the American Socialist
Party
▪ Ruled that you could not publish anything that advocated for
the violent overthrow of the government.
▪ Loosened back up in the 1950s
▪ Yates v. United States (1957)
▪ “clear and present danger”
▪ Brandenburg v. Ohio (1969)
How does this
compare with
your entry task?
Brandenburg v. Ohio
Background
▪ 1969
▪ Ku Klux Klan
▪ Several Waves
▪ Over 1,500 killed
(over 600 white)
Brandenburg v. Ohio
You Be the Judge
Ohio Syndicalism Act
Made illegal:
-advocating "crime, sabotage, violence, or unlawful
methods of terrorism as a means of accomplishing
industrial or political reform"
-assembling "with any society, group, or assemblage of
persons formed to teach or advocate the doctrines of
criminal syndicalism."
Real question at hand: Is the Ohio Syndicalism
Act a violation of a person’s right to free
speech and free assembly?
You Be the Judge
▪ End Goal: In a group of approximately 7 peers, you
will vote to decide a verdict on the Supreme Court
case Brandenburg v. Ohio
▪ Steps to get there:
a. Listen to the audio of the case and review the
transcript
b. Understand Yates v. United States and the First and
Fourteenth Amendments
c. Write a paragraph stating evidence that supports
your personal opinion
▪ http://www.oyez.org/cases/1960-1969/1968/1968_492
While listening…
▪ Follow along with transcript.
▪ Make note (write, RH side) of important elements to
the story.
▪ Remember that we are focusing on speaking about the violent
overthrow of the government
▪ What evidence in the case is significant?
▪ Also focusing on the relationship between states and federal
rights (selective incorporation/ incorporation doctrine)
Personal Opinion…
Real question at hand: Is the Ohio Syndicalism Act a
violation of a person’s right to free speech and free
assembly? Should Brandenburg be punished?
▪ Write a paragraph outlining a verdict that
addressed both of the questions above.
▪ Use evidence from the case, other court cases,
and the constitution to support your opinion.
Be smart, be clear, be gritty.
You Be the Judge-4
Brandenburg v. Ohio
▪ Groups of 7 (ish).
▪ 10 minutes to share your opinion and evidence.
▪ Make sure everyone has a chance to share.\
▪ Need to agree upon a verdict you may either vote yes or no on
▪ LISTEN to the arguments made by others.
▪ VOTE.
Group 1
Group 2
Group 3
Group 4
Group 5
You Be the Judge-6
Brandenburg v. Ohio
▪ Groups of 7 (ish).
▪ 10 minutes to share your opinion and evidence.
▪ Make sure everyone has a chance to share.\
▪ Need to agree upon a verdict you may either vote yes or no on
▪ LISTEN to the arguments made by others.
▪ VOTE.
Group 1
Group 2
Group 3
Group 4
Group 5