Civil Liberties for Civil Liberties for AllAll

To Be Or Not To BeTo Be Or Not To BeIzona Burgess, Jennifer

Varvel, Marianne Whitacre

Overview Suitable for Grades 4-8

This unit tries to help students understand what our civil

liberties are through the lens of two court cases, Vashti

McCollum vs Board of Education, Champaign County

and another case, New Jersey vs T.L. O. Both cases involved whether or not students’ civil liberties had been violated.

Essential Questions/End

uring Understanding:

• What are civil liberties?• How does the Constitution

guarantee civil liberties?• How has Supreme Court case law

interpreted whether civil liberties have been violated?

Assessment

After completing the unit, choose a tic-tac-toe pattern

from the following worksheet to complete.

Tic-Tac-Toe game

Setting the Purpose/

Introduction

What are civil liberties?

Complete a web with your ideas.

They are basic rights and freedoms that are guaranteed--either

explicitly identified in the Bill of Rights and the

Constitution, or interpreted through the

years by courts and lawmakers.

Click here to find out more.

Look at this cartoon drawn by

a man named Herblock.

Why do you think the father is upset?

When do you think this cartoon took place?

What else do you notice?

Write your ideas on the left side of the T chart.

The separation of church (prayer) and state (schools) has long been the

subject of political controversy in the United States. This cartoon is about a Supreme Court case in1963, where it

held that state and local rules providing for recitation of the Lord's

Prayer or verses from the Bible by children in public schools violated First

Amendment rights. This cartoon was written in response to these words

from President John F. Kennedy.

“What do they expect us to do, listen to the kids pray at home?”

Now that you know your civil liberties, what do you think the father meant by these words?

Write your ideas on the right side of the T chart.

Why do you think the Supreme Court would be involved in whether or not

we are able to pray at school?

The First AmendmentExpression and

Religion• Click here to read the First Amendment.

Explain how the First Amendment helps to decide what we can or

cannot do at school.

Links to Materials

• http://www.loc.gov/rr/print/swann/herblock/animal.html Herblock cartoon with J.F.K. quote

• http://www.loc.gov/rr/print/swann/herblock/images/s03478u.jpg Herblock cartoon

• http://supreme.lp.findlaw.com/constitution/amendment01/ First Amendment

• http://www.ala.org/ala/alsc/greatwebsites/greatwebsitesforkids/greatwebsites.htm Great Websites for Kids

• http://www.landmarkcases.org/ Resource for tic-tac-toe projects

Using Primary Using Primary Sources To Sources To

Understand Our Civil Understand Our Civil LibertiesLiberties

Vashti McCollum vs. Board of Vashti McCollum vs. Board of Education, Champaign CountyEducation, Champaign County

Respond To The Following…

• HIS-STORY• HER-STORY• YOUR-STORY

What Does It Mean?....Why Is It Important To Use Primary Sources?

YOU WRITE THE STORY!Primary Sources are documents, reports, maps, photographs, letters, drawings and memoirs created by those who participated in or witnessed events of the past.

• Using primary sources, we learn that all written history reflects an author’s interpretation of past events. It is highly subjective in nature-thus, YOU WRITE THE STORY!

Local Lawsuit Established Freedom

From Religion!• “Today, the chief significance of the

McCollum case is that it was the first of a series of cases brought under the First and Fourteenth amendments to the U.S. Constitution where a practice by a local or state governmental body was held to be illegal as ‘an establishment of religion’ by the Supreme Court of the United States…” Dannel McCollum

What Was Its Original Intent and How Did It Come To Be Viewed

By The Media?• Legal History: The Vashti McCollum Case• (Annotated Index of CD/ROM)• In 1940, the local Jewish, Roman Catholic and some Protestant groups formed

the Champaign Council on Religious Education. The group, with cooperation of the Champaign County Board of Education, offered voluntary classes in religion to public school students. The classes were held during the school day and those children not participating were asked to go elsewhere in the schools to pursue secular studies.

• The Champaign plan was challenged by Vashti McCollum, who argued that her eldest son, James Terry McCollum, was embarrassed because he was the only child in his classroom at South Side Elementary School not taking religious instruction. She filed a Petition for Mandamus, in the Circuit Court of Champaign County, Illinois, in September 1945. The Illinois courts denied her plea for an order prohibiting such teaching in the schools. She lost in unanimous decisions at the circuit and state Supreme Court levels.

• The case was argued before the U.S. Supreme Court on December 8, 1947, and decided on March 8, 1948. By an 8-1 vote the Supreme Court ruled in McCollum’s favor and disallowed the practice of religious education to take place in public school classrooms during the school day. Justice Hugo L. Black delivered the majority opinion.

Which Civil Liberties Were On Trial?

• Report of Enrollment in Religious Education in the Public Schools, by Arthur G. Cromwell, 1940

(handout for each student)

CORRESPONDENCE-January 14, 1945

• Vashti McCollum’s Representative Charles W. Clabaugh responds to her concerns about Religious Instruction in the Classroom. What does this mean for her?

• (Students examine their copy of correspondence)

Another Representative Responds…3 Days

Later• How does

Representative Ora Dillavou respond?

• How would you feel?

• (Students examine their own copies of letter)

And finally, A State Senator Responds…Feb. 1945

• State Senator Everett R. Peters responds to Vashti McCollum on February 27, 1945.

• How would you feel? What would you do?

• (Students examine their copy of letter)

Are Civil Liberties Being Violated?

• Vashti McCollum files Petition for Mandamus-June 1945.

(Law Term meaning a formal request that something be done.)

What does Mrs. McCollum want? Is she justified?

The Trial Begins…September, 1945

• James Terry McCollum (son) takes the witness stand and testifies. How would you feel?

(Students receive excerpts from testimony-optional)

Vashti McCollum Testifies…

• Vashti McCollum takes witness stand, September 1945.

• What do you think she is thinking?

Those Opposed To Vashti McCollum’s

Stand…• Representatives

from schools and churches as well as the attorney for the Champaign School Board.

• How would you feel?

How Were Others Interpreting This Case?

• Using the attached newspaper clippings from The Daily Illini, Urbana Courier, News Gazette, Washington Post, Chicago Sun Times, Evening Courier (NY) and copies of wire stories from 1945-1995, examine the “mood” of the writers and the “mood” of the day.

• What factors do you think contributed to the overall “mood” reflected in this challenge?

The Case Eventually Reaches The Supreme Court on Dec. 8,

1947.• Copy of cover page

-full text can be found online)

• Decided March 8, 1948 in favor of McCollum.

• What was the outcome?

Mrs. McCollum Charges Distortion of her View on

Religious Teaching in Schools!• Washington

Religious Review, No. 46, January 17, 1949.

(Students examine own copy of document-2 pages)

Were Mrs. McCollum’s Civil Liberties Denied In Other Ways?-

You Decide!• Cover of book

written by Mrs. McCollum originally in 1951.

(Students read correspondence, Vashti McCollum to Friends, October, 1945 and respond.)

Links To Other Primary Sources In This Case.

• Circuit Court of Champaign County, Illinois. The People of the State of Illinois ex re. Vashti Mccollum vs. Board of Education of School district 71, Champaign County, Illinois. Petition For Mandamus. June 1945. (Complete Case)

• “Atheist’Child.” American Weekly, Dec. 26, 1948.• Religion and Public Schools: The Supreme Court’s

Decision in the Champaign Case.” The Public and Education, published by the National Education Association, May 25, 1948.

• Newspaper clippings from the Daily Illini, Urbana Courier, News Gazette, Washington Post, Chicago Sun Times, Evening Courier (NY), and copies of wire stories, 1945-1995.

Extension Lesson Plan

New Jersey v T.L.O.

Overview

1. Purpose is to gain a greater understanding of civil and legal rights.

2. Students may connect with this case because it involves a young person.

Questions before the lesson

• Can an administrator search through the purse of a female student? (allow discussion)

• Can a student refuse the search of their belongs? (allow discussion)

Content Area

• Social studies

• Reading

• Language Arts

• Math

Enduring Understanding

• Students’ civil rights is not the same as students’ legal rights.

Lesson One

• Students will read about the case during guided reading instruction.

• Students will discuss the vocabulary with the instructor.

• Students will complete vocabulary sheet independently.

Easiest Reading

• http://www.landmarkcases.org/newjersey/background1.html

Middle Reading

• http://www.landmarkcases.org/newjersey/background2.html

Challenging Reading

• http://www.landmarkcases.org/newjersey/background3.html

Lesson 2

• Start the lesson by asking students to retell their reading. (whole class or guided reading)

• Reflection: Ask students if they felt T.L.O’s legal rights were violated?

• Encourage students to discuss in small groups first.

• Students should support their opinions.

Continue Lesson 2

• The instructor should take informal assessments during these discussions. Students should have a clear understanding of the difference between civil and legal rights.

Continue Lesson 2

• Allow individual students to respond to the discussion question.

• Instructor should again explain the difference between civil and legal rights.

• The instructor can take a poll of the outcome of the court’s decision.

Conclusion Lesson 2

• Graph the results of the class’ opinion.

* Pie Charts

* Bar graphs

* or any other type of graphs covered in class.

0

10

20

30

40

50

60

70

80

90

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

East

West

North

Lesson 3

• Students can listen to some of oral arguments.

Lesson 3: Ruling

• Lastly, allow students to read the Supreme Court’s ruling.

http://www.landmarkcases.org/newjersey/dissenting.html

Conclusion Lesson 3

• Allow students to discuss how they feel about the ruling.

• Students should support their responses with logical reasoning.