WebQuest:

National Security v. An Individual’s Civil Right

By

Jerome W. Black

Introduction:

During World Wars I and II, the federal government passed laws that allowed the government to punish individuals who were determined to be helping the enemies of the United States. According to these two laws, the Espionage Act of 1917 and the Smith Act of 1940, if you were a member of certain organizations or if you expressed an opinion that was viewed as a criticism of the government, you could be arrested and punished. As long as the United States was involved in the wars, the restrictions placed upon an individual’s First Amendment rights were tolerated. The issue arose once both wars had ended. What was once seen as necessary war time measures, were allowed to remain as law after the wars were over. During the 1920s and the 1950s these laws were used by the government to punish individuals who the government decided were “undesirable” because of what they might have said or with whom they might have been associated. The issue that arose during both decades involved the constitutionality of

these laws to abridge an individual’s civil rights under the First Amendment in peacetime. For those who challenged the government’s right to do so, it was seen as a bad precedent and the undermining of American democracy.

MEETING THE STANDARDS OF NEW YORK STATE

• Standard 5.4 The study of civics and citizenship requires the ability to probe ideas and assumptions, ask and answer analytical questions, take a skeptical attitude toward questionable arguments, evaluate evidence, formulate rational conclusions, and develop and refine participatory skills.
• Evaluate, take, and defend positions on what the fundamental values and principles of American political life are and their importance to the maintenance of constitutional democracy.
• Explain how democratic principles have been used in resolving an issue or problem.
• (Learning Standards For Social Studies, June 1996)

Task:

The class will be assigned to one of six working groups. Each group will research one of the following Supreme Court cases: Schenck v. U.S. (1919); Abrams v. U.S. (1919); Gitlow v. New York (1925); Debs v. U.S.; Dennis v. U.S. (1951); Yates v. U.S. (1957)

The task of each will be to:

1. discover the provisions of the specific law, either the Espionage Act of 1917 or the Smith Act of 1940 that applies to your case.
2. identify the people involved in the case.
3. identify the facts of the case.
4. identify the ruling of the Supreme Court
1. majority opinion
2. dissenting opinion

Resources:

Each group is to search the websites that is appropriate for their case:

• The Federal Laws
• Espionage Act of 1917 (for Shenck, Abrams, Gitlow, Debs)
• Smith Act of 1940 (for Dennis, Yates)

• To research your assigned Supreme Court case, go to the “TIPS” Web Site.
• Click on “Teacher & Student Resources”
• Under the heading “The Courts (Decisions and Resources:),” click on the appropriate web site to find your case. Use your case’s date as your guide.
• Scroll down until you come to where you can do a search by name. Enter the name of your case and then click on the “search” button.

Evaluation:

• Each group will give an oral presentation where they will:
• Present the facts of their case
• The decision of the court
• The reasoning that the Court used to come to their decision
• The reasoning of the dissenting opinion if their was a dissenting opinion

• Each member of the group will submit an essay discussing whether you agree with the Court’s decision. The essay should be between 500 and 750 words.

• The project grade will be divided between the oral presentation (40%) and your written essay (60%). All members of a group will receive the same grade for the oral presentation. Individuals will receive a grade for their written essay.