Which right does the Constitution weigh more heavily: the sanctity of the American flag as a symbol of national unity, or the right to burn the flag in protest? The 1989 Supreme Court case of Texas v. Johnson explores a state's right to outlaw flag burning in a lesson that prompts learners to debate and discuss each side.

Concepts

freedom of speech, the first amendment, the united states constitution, american symbols, debate

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Additional Tags

social studies

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Instructional Ideas

• Use as a mock trial activity when discussing the First Amendment
• Encourage learners to research current examples of cases concerning flag burning, as well as the legal history of flag burning in their own state
• Use discussion questions as the basis for an argument essay
• Conduct a full Oxford style debate on the issue with one side of the class defending the right to burn the flag, and the other class arguing against it

Classroom Considerations

• Links within the resource do not work, but you can find all necessary materials in the packet as well as attached
• Resource cites a 1989 case; include additional materials to keep the discussion current
• Be sure that class members can discuss controversial topics in a mature way

Pros

• Provides thought-provoking questions and talking points
• Topic is interesting and relevant for learners

Cons

• None

Common Core

RI.11-12.8 SL.9-10.1.a SL.11-12.1.a RH.9-10.1 RH.9-10.2 RH.11-12.1 RH.11-12.2