The First Amendment on Campus

1. Set Focus
Pose this essential question to guide discussion: Why are limits placed on people’s ability to protest?

2. List Vocabulary
Share with students some of the challenging vocabulary words in this article. Encourage them to use context to infer

• vehemently (p. 9)
• pivotal (p. 9)
• adhere (p. 9)
• rhetoric (p. 10)
• imminent (p. 10)
• logistical (p. 11)

3. Engage
Ask students to share what they understand about the campus protests over the war in Gaza and different universities’ responses to the protests. Revisit this discussion after the lesson, having students share any new insights. 

4. Read 
Have students read the article, marking the text to note key ideas or questions.

5. Discuss
Distribute or project Up Close: The First Amendment on Campus, a close-reading activity for students to work on in small groups. (Note: The questions on the PDF also appear below, with possible responses.) Follow up with a class discussion. If you’re short on time, have each group tackle one or two of the questions. Collect students’ work or have each group report its findings to the class.

• What is the author’s main purpose in writing the article? Do you think the structure of the article is the most effective choice for supporting this purpose? Explain. (The author’s purpose is to explain the laws that support and limit free speech to help the reader understand the issues surrounding the current campus protests over the war in Gaza. Evaluations of the text structure will vary, but students should assess the effectiveness of dividing the article into question and answer sections as opposed to, for example, explaining free-speech law using a profile.)

• Lindsie Rank says that free speech, including the right to protest, is “part of how our democracy functions.” How does her statement relate to the previous two paragraphs in section 1? (According to section 1, James Madison included the right to assemble in the Bill of Rights so that American citizens would have the guaranteed right to express their discontent after being forbidden to criticize the king under British rule. In doing so, the Constitution made organized protest a fundamental part of American culture and democracy.)

• How are public and private universities different when it comes to protecting First Amendment rights? How are they similar? (Public universities are funded by state governments and, therefore, must protect their students’ First Amendment rights in a way that private universities are not required to. However, because private universities are educational institutions, they often protect free speech in the same way as public universities, with the belief that the free exchange of ideas is conducive to learning.)

• What is the “time, place, and manner” doctrine, and what examples does the article provide to illustrate it? Why do you think the author includes this information in an article about campus protests?(The “time, place, and manner” doctrine is the idea that the government can sometimes, and within reason, regulate where, when, and how free speech can happen. According to the article, protesters can’t demonstrate near the entrance to the White House but can stage protests across the street. And noise ordinances can be used to regulate when, or how loudly, people can express themselves. The author may have included this information to further readers’ understanding that the First Amendment gives authorities some leeway in weighing the rights of protesters against the rights of communities to live and work without excessive disruption.) 

• Why do you think the article includes photographs of historical campus protests? How do these photographs support the article’s main ideas?(Students may note that including historical photos shows that protests on college campuses are not new or specific to the current war in Gaza. These photographs support the idea that protesting is a fundamental part of American democracy.)

• In the final paragraph, Jameel Jaffer says that how universities should respond to civil disobedience is a “hotly debated issue.” Given the information provided in the article, what do you think the arguments are surrounding this issue? (Students’ responses will vary, but students should cite instances from the text and support their opinions with explanations and reasoning.)

6. Writing Prompt
Research historical campus protests. Select one and write a brief informational essay that explains what it was about, who was involved, and how it was resolved.

7. Video
Watch the video about free speech. What does it add to your understanding?

8. Classroom Debate
Should universities allow student protesters to form encampments?

9. Quiz & Skills
Use the quiz to assess comprehension and the Analyze the Cartoon and Be the Editor skill sheets to practice visual analysis and review grammar skills.