OP-EDS

ARGUMENT 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

Mini-Unit Overview
Writing
Argument
MINI-UNIT
Emphasis

ARGUMENT
SKILLS

PRODUCT

ELEMENTS OF
ARGUMENT

# of Lessons

Draft, Feedback,
Revise,
Reflect

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 ondemand practice

Product: Multi- Claim

paragraph
Evidence
draft
Counterargument
Kernel
Rebuttal
Essay
Structure
Slow
Drafting

Reading
CLOSE
READING
STRATEGIES

RESPONSE TO
READINGS

Close reading
strategies

Writing & talking

to develop
knowledge on
topic or issue

Marking
facts and
examples
Underlining
opinions
Identifying
counterarguments
and
rebuttals

Charting
Now Im
Thinking
Writing in
response to
texts

TOPICS

KIDS AND
RIGHTS

6 shared
texts
(op-ed, 2
news videos ,
Turn and Talk
historical
document,
student opeds)

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 sourcesand quote
or paraphrase the data and conclusions of others while avoiding plagiarism
.
Draw evidence from informational texts .
Write routinely over longer andshorter time frames (a single sitting or a day
or two) for a range of discipline-specific tasks, purposes, and audiences.

Mini-Unit Sequence
Day 1

Day 2

Learn and
practice
strategic
reading.

Explore an issue through

multiple texts

Read speech
twice. STAR
possible
claim(s).
Re-read. Code
the text for
facts,
examples.
Share
possible
answers.
Metacognitive
Log

Write Thoughts on the

issue.
Video 1
Chart images and words.
Turn & Talk.
Write
Video 1
Chart images and words.
Turn & Talk.
Write
Metacognitive Log
Document reading and
discussion
Now Im thinkingwriting

Day 3

Day 4
Structure an
argument

Independent
reading and coding
of op-ed articles
Practice with Kernel
(pro and con)
Essay structure to
select ones own
Turn and Talk
approach
Write

Slow drafting

Metacognitive Log

---------------------------Day 5 or later
_________________
On-Demand
Practice

Using a
Strategic
Reading
Process to
Mine a
Text for
Evidence:
Do Kids
Have First
Amendment

Jean Wolph, Kentucky Writing Project

Read twice!
Something
is as the speech is read
Reading
1: Follow along
aloud. happening
Listen for the reasons
the author says that
in
children have
the rights.
worldSTAR 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

Its elementary, children have First

Amendment rights too
by
DAVID L. HUDSON JR.
FIRST AMENDMENT SCHOLAR
Thursday, August 19, 2010 / First Amendment Center,
Vanderbilt University
Jean Wolph, Kentucky Writing Project

Join the
Conversation

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

Its elementary, children have First Amendment rights too

by
DAVID L. HUDSON JR.
FIRST AMENDMENT SCHOLAR
Thursday, August 19, 2010 / First Amendment Center, Vanderbilt University

SPEECH

Its elementary, children have First Amendment rights too

DAVID L. HUDSON JR.
FIRST AMENDMENT SCHOLAR
Thursday, August 19, 2010 / First Amendment Center, Vanderbilt University
http://www.firstamendmentcenter.org/it%E2%80%99s-elementary-children-have-first-amendment-rights-t
oo
(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 doesnt 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 dont 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

Its 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 couldnt 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 didnt apply. They
said it was partly because the Supreme Court didnt 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.

Jean Wolph, Kentucky Writing Project

SPEECH
Its 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 Pauls 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 17year-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.

SPEECH

Its elementary, children have First Amendment rights too

DAVID L. HUDSON JR.
FIRST AMENDMENT SCHOLAR
Thursday, August 19, 2010 / First Amendment Center, Vanderbilt University
http://www.firstamendmentcenter.org/it%E2%80%99s-elementary-children-have-first-amendment-rights-t
oo
(adapted for classroom use; 8.7)

F/E
F/E

The First Amendment sets no age limit. It says that Congress shall make no law abridging the
freedom of speech. It doesnt 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 dont 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

Its 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 couldnt return
to school because of their refusal to salute the flag. They were Jehovah Witnesses. It was against their
religion to do so.

F/E

F
E

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 didnt apply. They
said it was partly because the Supreme Court didnt 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.

Jean Wolph, Kentucky Writing Project

F
F

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 Pauls 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 17year-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?

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
Topic
through
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.
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Jean Wolph, Kentucky Writing Project

deo 1: Tennessee Boy Recites First Amendmen

ghts After Being Told to Put Away His Bible

ozada Rodriguez

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

LINK: <iframe width="560" height="315"

src="https://www.youtube.com/embed/KpWZ1hL3SiI"
frameborder="0" allowfullscreen></iframe>

Tennessee Boy video clip

Images
Describe images
Bullet or Number
each detail you
describe

Words
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: Whats the issue?

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

Jean Wolph, Kentucky Writing Project, based on a framework developed by

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

Surveillance Camera video clip

Images
Describe images
Bullet or Number
each detail you
describe

Words
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 by

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

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 by
Linda 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

The First Ten Amendments

First Amendment
This amendment guarantees freedom of religion,
speech, and the press, and protects the right of
assembly.

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?

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 Amendment
This 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.

Jean Wolph, Kentucky Writing Project, based on a framework developed by

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

The Bill of Rights

The First Ten Amendments, cont.

Third Amendment
This amendment guards against the forced quartering of troops. (In the years before the American
Revolution, British officials forced the colonists to quarterto house and feedBritish 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 Amendment
This 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 Amendment
This 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 Rights

The First Ten Amendments, cont.

Sixth Amendment
This 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 Amendment
This 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 Amendment
This 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 Rights

The First Ten Amendments, cont.

Ninth Amendment
This 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 Amendment
This 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, Im thinking
Now that youve 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

1. Read independently. Code the text with F for fact and E for example.
Underline statements of opinion. CIRCLE the counterargument.
DOUBLE-STAR the writers 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 by

Possible
ways to
organize
your
argument
TRY IT! Select
one of these
plans to try out.
Jot down the
gist of what
you would say.
If it doesnt work,
try another.

Jean Wolph, Kentucky Writing Project, based on a framework developed by

Revising
while
Drafting

Jean Wolph, Kentucky Writing Project, based on a framework developed by

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

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 by

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

FIFTH AMENDMENT
http://kids.laws.com/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.

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 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, cont.

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

Understanding the Fifth Amendment Line by Line

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

FIFTH AMENDMENT, cont.

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
persons 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
persons rights.

Jean Wolph, Kentucky Writing Project, based on a framework developed by

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

FIFTH AMENDMENT, cont.

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

Nor shall private property be taken for public use, without

just compensation: The government cannot take away a
persons 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.

Jean Wolph, Kentucky Writing Project, based on a framework developed by

Linda 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 by

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