OP-EDSARGUMENT MINI-UNIT:

Kids and The Bill of Rights

Jean Wolph

Kentucky Writing Project NWP i3 Career and College Ready Writing Leadership Team

Based on a framework developed by Linda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

2

Writing Reading Argument MINI-UNITEmphasis

# of Lessons

ARGUMENT SKILLS PRODUCT ELEMENTS OF

ARGUMENT CLOSE READING STRATEGIES

RESPONSE TO READINGS TOPICS

Draft, Feedback, Revise, Reflect Close reading strategies

Writing & talking to develop knowledge on

topic or issue

Evidence: Identifying Facts and Opinions

5 Lessons

Entering Skills:Forming a claim that is debatable, defensible, and compelling. Quoting or paraphrasing. Citing sources.

Foundational Skills: Study models to identify facts vs opinions; drafting with a structure in mind

Digging Deeper:Applying skills learned in an on-demand practice

Product: Multi-paragraph draft

• Kernel Essay Structure

• Slow Drafting

• Claim• Evidence• Counter-

argument• Rebuttal

Marking facts and examples

Underlining opinions

Identifying counter-arguments and rebuttals

Charting

“Now I’m Thinking” Writing in response to texts

Turn and Talk

KIDS AND RIGHTS

6 shared texts(op-ed, 2 news videos , historical document, student op-eds)

Mini-Unit Overview

Writing Standards Emphasized in the Mini-Unit

Write arguments to support claims with clear reasons and relevant evidence, using valid reasoning….organize the evidence logically.

Gather relevant information from multiple print and digital sources…and quote or paraphrase the data and conclusions of others while avoiding plagiarism ….

Draw evidence from …informational texts ….

Write routinely over longer and…shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

Day 1 Day 2 Day 3 Day 4

Learn and practice strategic reading.

Read speech twice. STAR possible claim(s).

Re-read. Code the text for facts, examples. Share possible answers.

Metacognitive Log

Explore an issue through multiple texts

Write Thoughts on the issue.

Video 1Chart images and words.Turn & Talk.Write

Video 1Chart images and words.Turn & Talk.Write

Metacognitive Log

Document reading and discussion

“Now I’m thinking”writing

Independent reading and coding of op-ed articles (pro and con)

Turn and Talk

Write

Metacognitive Log

Structure an argument

Practice with Kernel Essay structure to select one’s own approach

Slow drafting

----------------------------Day 5 or later_________________On-Demand Practice

Mini-Unit Sequence

Using a Strategic Reading Process to Mine a Text for Evidence:

Do Kids Have First Amendment Rights?

Jean Wolph, Kentucky Writing Project

Something is happening in

the world

Join the Conversation

Jean Wolph, Kentucky Writing Project

SPEECH 

“It’s elementary, children have First Amendment rights too”by DAVID L. HUDSON JR.FIRST AMENDMENT SCHOLARThursday, August 19, 2010 / First Amendment Center, Vanderbilt University   

Read twice!

Reading 1: Follow along as the speech is read aloud. Listen for the reasons the author says that children have rights. STAR the possible claim(s).

Reading 2: Re-read silently. Code the text with F for fact and E for example. Underline statements of opinion.

Read twice!

Reading 1: Follow along as the speech is read aloud. Listen for the reasons the author says that children have rights. STAR the possible claim(s).

Reading 2: Re-read silently. Code the text with F for fact and E for example. Underline statements of opinion.

SPEECH 

“It’s elementary, children have First Amendment rights too”by DAVID L. HUDSON JR.FIRST AMENDMENT SCHOLARThursday, August 19, 2010 / First Amendment Center, Vanderbilt University

Jean Wolph, Kentucky Writing Project

SPEECH 

It’s elementary, children have First Amendment rights too DAVID L. HUDSON JR.FIRST AMENDMENT SCHOLARThursday, August 19, 2010 / First Amendment Center, Vanderbilt University http://www.firstamendmentcenter.org/it%E2%80%99s-elementary-children-have-first-amendment-rights-too (adapted for classroom use; 8.7)  The First Amendment sets no age limit. It says that “Congress shall make no law … abridging the freedom of speech.” It doesn’t say. “adults only.” It protects the free-speech rights of students — even those in elementary schools. Still, the U.S. Supreme Court said in Tinker v. Des Moines Independent School Dist. (1969) that students’ First Amendment rights must be applied “in light of the special characteristics of the school environment.” This was in the very decision where the Court said students don’t lose their free-speech rights at school. The Court was saying that there are limits. Schools’ main mission is to educate kids. That requires an environment conducive to learning. Unfortunately, some act as though there is an age restriction on First Amendment freedoms. They assume elementary school kids are not old enough to enjoy the protections of the first 45 words of the Bill of Rights.

Jean Wolph, Kentucky Writing Project

SPEECH 

It’s elementary, children have First Amendment rights too: cont. For example, in Plano, Texas, the argument was made in 2004 that Jonathan Morgan did not have the right to hand out candy canes with religious messages. The argument was that he was too young to have First Amendment rights. On the other hand, the U.S. Supreme Court in West Virginia Board of Education v. Barnette (1943) ruled that elementary school students had a First Amendment right not to salute the flag and recite the Pledge of Allegiance. Marie Barnett was 8 and her sister Gathie was 9 when they were told they couldn’t return to school because of their refusal to salute the flag. They were Jehovah Witnesses. It was against their religion to do so. In that famous case, the Supreme Court held that the First Amendment applied in public schools. Justice Robert Jackson said the fact that school officials were “educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual.” They said to do otherwise would “strangle the free mind” …and teach youth to discount important principles of government as mere platitudes.” Amazingly, attorneys for the school district in the Plano case argued that Barnette didn’t apply. They said it was partly because the Supreme Court didn’t emphasize that the sisters were in elementary school. The 5th U.S. Circuit Court of Appeals in Morgan v. Swanson on July 1 rejected that claim. They pointed out “it is evident … [the Barnette sisters] were elementary school students.” 

SPEECH It’s elementary, children have First Amendment rights too: cont.

School officials would be wise to remember the history of theTinker case. Yes, the litigation arose because John Tinker, a high school student, and Mary Beth Tinker, then in middle school, were punished for wearing black armbands in protest of the Vietnam War. What many may not know is that their elementary-age siblings — Hope and Paul Tinker — also wore black armbands to school. They were not punished. As historian John W. Johnson relates in his book The Struggle for Student Rights, Hope and Paul’s elementary school teachers made the armbands a teachable lesson, rather than a reason to suspend them. Age can be an important factor in First Amendment cases. Speech that is appropriate for a 17-year-old certainly may not be appropriate for a 7-year-old.But what is even more inappropriate is arguing that elementary school students have no First Amendment rights. They most certainly do. 

Jean Wolph, Kentucky Writing Project

SPEECH 

It’s elementary, children have First Amendment rights too DAVID L. HUDSON JR.FIRST AMENDMENT SCHOLARThursday, August 19, 2010 / First Amendment Center, Vanderbilt University http://www.firstamendmentcenter.org/it%E2%80%99s-elementary-children-have-first-amendment-rights-too (adapted for classroom use; 8.7)  The First Amendment sets no age limit. It says that “Congress shall make no law … abridging the freedom of speech.” It doesn’t say. “adults only.” It protects the free-speech rights of students — even those in elementary schools. Still, the U.S. Supreme Court said in Tinker v. Des Moines Independent School Dist. (1969) that students’ First Amendment rights must be applied “in light of the special characteristics of the school environment.” This was in the very decision where the Court said students don’t lose their free-speech rights at school. The Court was saying that there are limits. Schools’ main mission is to educate kids. That requires an environment conducive to learning. Unfortunately, some act as though there is an age restriction on First Amendment freedoms. They assume elementary school kids are not old enough to enjoy the protections of the first 45 words of the Bill of Rights.

F/EF/E

Jean Wolph, Kentucky Writing Project

SPEECH 

It’s elementary, children have First Amendment rights too: cont. For example, in Plano, Texas, the argument was made in 2004 that Jonathan Morgan did not have the right to hand out candy canes with religious messages. The argument was that he was too young to have First Amendment rights. On the other hand, the U.S. Supreme Court in West Virginia Board of Education v. Barnette (1943) ruled that elementary school students had a First Amendment right not to salute the flag and recite the Pledge of Allegiance. Marie Barnett was 8 and her sister Gathie was 9 when they were told they couldn’t return to school because of their refusal to salute the flag. They were Jehovah Witnesses. It was against their religion to do so. In that famous case, the Supreme Court held that the First Amendment applied in public schools. Justice Robert Jackson said the fact that school officials were “educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual.” They said to do otherwise would “strangle the free mind” …and teach youth to discount important principles of government as mere platitudes.” Amazingly, attorneys for the school district in the Plano case argued that Barnette didn’t apply. They said it was partly because the Supreme Court didn’t emphasize that the sisters were in elementary school. The 5th U.S. Circuit Court of Appeals in Morgan v. Swanson on July 1 rejected that claim. They pointed out “it is evident … [the Barnette sisters] were elementary school students.” 

E F

F

FF/E

E

E

School officials would be wise to remember the history of the Tinker case. Yes, the litigation arose because John Tinker, a high school student, and Mary Beth Tinker, then in middle school, were punished for wearing black armbands in protest of the Vietnam War. What many may not know is that their elementary-age siblings — Hope and Paul Tinker — also wore black armbands to school. They were not punished. As historian John W. Johnson relates in his book The Struggle for Student Rights, Hope and Paul’s elementary school teachers made the armbands a teachable lesson, rather than a reason to suspend them. Age can be an important factor in First Amendment cases. Speech that is appropriate for a 17-year-old certainly may not be appropriate for a 7-year-old.

But what is even more inappropriate is arguing that elementary school students have no First Amendment rights. They most certainly do. 

What did you code?What is the relationship between

facts and examples?

FF

E

Metacognitive Log

Jot down your thoughts about Starring the possible claims, Coding (F for Fact; E for Example) and underlining opinion statements.

What do you notice about Facts and Examples? Why do you think that is?

Explore a Topicthrough multiple texts:

Kids and Rights

Jean Wolph, Kentucky Writing Project

What are your thoughts on children and rights?

Include examples from texts you have read or personal knowledge and experience.

Jean Wolph, Kentucky Writing Project

Rights?? You

have to earn

them by

GROWING UP.

Rights come with

adultho

od.

LINK: https://www.youtube.com/watch?v=KpWZ1hL3SiI

Video 1: Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible  Jose Lozada Rodriguez

Complete the chart (next slide) while you watch the video clip.

“Tennessee Boy” video clip

Images Words

• Describe images• Bullet or Number each

detail you describe

• Capture words and/or phrases you hear

• Grab the words that seem important

• Bullet the list of words and/or phrases

Jean Wolph, Kentucky Writing Project

Turn and Talk

•What facts and examples did you notice in this video clip?

•What claims and opinions did you hear?

• Go back to your writing. Capture your new thinking.

Video 2: Surveillance Cameras in Schools: What’s the issue?

Link to video - https://www.youtube.com/watch?v=YolBO-DUc7c

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

CCTV=closed circuit television

“Surveillance Camera” video clip

Images Words

• Describe images• Bullet or Number each

detail you describe

• Capture words and/or phrases you hear

• Grab the words that seem important

• Bullet the list of words and/or phrases

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

Turn and Talk•What facts and examples did you notice in this video clip?

•What claims and opinions did you hear?

• Go back to your writing. Capture your new thinking.

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

Metacognitive Log

Jot down your thoughts about using images as evidence.

What are the advantages and disadvantages?

The Bill of Rights

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

The First Ten Amendments  First AmendmentThis amendment guarantees freedom of religion, speech, and the press, and protects the right of assembly.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Second AmendmentThis amendment protects the right to keep and bear arms.

A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.  

Read aloud this annotated version of The Bill of Rights (begins at left). Discuss: Which ones have the clearest connections to the lives of children and teens? Why?

The Bill of RightsThe First Ten Amendments, cont.  Third AmendmentThis amendment guards against the forced quartering of troops. (In the years before the American Revolution, British officials forced the colonists to quarter—to house and feed—British troops.)

No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Fourth AmendmentThis amendment protects against unreasonable searches and seizures.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Fifth AmendmentThis amendment guarantees a trial by jury and “due process of law,” and guards against double jeopardy (being charged twice for the same offense) and self-incrimination.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Bill of RightsThe First Ten Amendments, cont.  Sixth AmendmentThis amendment outlines the rights of the accused, including the right to have a "speedy and public" trial, the right to be informed of the charges made against him, the right to call witnesses in his defense, and the right to have an attorney in his defense.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.  Seventh AmendmentThis amendment lays out the rules of common law.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.  Eighth AmendmentThis amendment protects against “cruel and unusual punishments.”

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The Bill of RightsThe First Ten Amendments, cont.  Ninth AmendmentThis amendment ensures that the individual rights that are not enumerated in the Constitution are secure—that is, that these rights should not be automatically infringed upon because they are omitted from the Constitution.

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Tenth AmendmentThis amendment limits the power of federal government by reserving for the states all powers that are not explicitly granted to the federal government by the Constitution, nor denied to the states. This amendment counterbalances Article VI, which invests the federal government with ultimate legislative authority.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 

Now, I’m thinking…

Now that you’ve reviewed The Bill of Rights, write what you are thinking about the idea of KIDS and RIGHTS.

Linda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

1. Read independently. Code the text with F for fact and E for example. Underline statements of opinion. CIRCLE the counterargument. DOUBLE-STAR the writer’s rebutal.

2. Which writer has the stronger argument? Why do you think so?

Turn and Talk

•What facts and examples did you code in these essays?

•What claims and opinions did you identify?

Counterarguments? Rebuttals?

Now go back to your writing.

Capture your new thinking. What do you agree with? What do you disagree with?

Metacognitive Log

How does talking about the pros and cons help you form your own opinion?

Planning Your Argument:

Choose a structure

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

Possible ways to organize your argument

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

TRY IT! Select one of these plans to try out. Jot down the “gist” of what you would say.

If it doesn’t work, try another.

Revising while Drafting

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

Slow Drafting• Not the get-something-

down first draft

• Be both a reader and writer while drafting

• Plan • Write • Pause• Reread• Rethink & • Revise while drafting

Linda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

Linda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

On Demand Practice

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

fromhttp://kids.laws.com/fifth-amendment

The Fifth Amendment, or Amendment V of the United States Constitution is the section of the Bill of Rights that protects you from being held for committing a crime unless you have been indicted correctly by the police. The Fifth Amendment is also where the guarantee of due process comes from, meaning that the state and the country have to respect your legal rights. The Fifth Amendment was introduced as a part of the Bill of Rights into the United States Constitution on September 5, 1789 and was voted for by ¾ of the states on December 15, 1791.

History of the Fifth Amendment Once the United States won their independence from the British Parliament and monarchy that had acted like tyrants, the Framers of the United States Constitution did not trust large, centralized governments. Because of this, the Framers wrote the Bill of Rights, which were the first 10 amendments, to help protect individual freedoms from being hurt by the governmental. They included the Fifth Amendment, which gave five specific freedoms to American citizens. 

FIFTH AMENDMENT

Digging Deeper. Read this article and then write an argument in which you take a position on this question: Do Kids Have Fifth Amendment Rights?

Use facts and examples from this article as well as from the other texts we have studied.

http://kids.laws.com/fifth-amendment

Understanding the Fifth Amendment Line by LineIf you are confused by what each line means, here are some explanations to make the Fifth Amendment easier to understand:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury”: No one can be put on trial for a serious crime, unless a grand jury decide first that there is enough proof or evidence so that the trial is needed. If there is enough evidence, an indictment is then issued, which means that the person who is charged with the crime will can put on trial for the crime.“Except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger”: People in the military can go to trial without a grand jury first deciding that it is necessary. This is the case if the military person commits a crime during a national emergency or a war.

FIFTH AMENDMENT, cont.

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

http://kids.laws.com/fifth-amendment

“Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb”: If someone is put on trial for a certain crime and the trial ends, the person cannot be tried once more for the same crime. If a person is convicted of a crime and then serves his or her time in jail, or if the person is acquitted, he or she cannot be put on trial a second time.

“Nor shall be compelled in any criminal case to be a witness against himself”: The government does not have the power to make someone testify against himself. That is why a trial uses evidence and witnesses instead of the testimony of the accused person.

“Nor be deprived of life, liberty, or property, without due process of law”: The government cannot take away a person’s life, property, or freedom without following certain steps that give the person a fair chance. This is what is known as due process. Due Process helps protect a person’s rights. 

FIFTH AMENDMENT, cont.

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

http://kids.laws.com/fifth-amendment

“Nor shall private property be taken for public use, without just compensation”: The government cannot take away a person’s property for public use without somehow paying them back for it. 

Facts About the Fifth Amendment• The Fifth Amendment was introduced into the Constitution by James Madison.• The ideas in the Fifth Amendment can be traced back to the Magna Carta, which was issued in 1215.• A defendant cannot be punished for using his right to silence during a criminal trial, but there are some consequences to using it in a civil trial.

FIFTH AMENDMENT, cont.

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education

Metacognitive Log

How did you do with the on-demand practice? What strategies did you use as you read the text? How did you use textual evidence in your argument?

Jean Wolph, Kentucky Writing Project, based on a framework developed byLinda Denstaedt, Oakland Writing Project, for NWP CRWP funded by the Department of Education